Greenberg Traurig Shareholder Brett M. Doran authored an article published in DRI titled “Standing and the Right to Sue Under Illinois’ Biometric Information Privacy Act.” The article examines Illinois Biometric Information Privacy Act (BIPA) class actions and how courts have treated challenges to plaintiffs’ standing or right to sue. Click here to read the full…

An Illinois appellate court has formally recognized what both state and federal courts have already considered to be the law—that coparties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either the attorney-client or work-product privilege when they do so.1Parties may object to disclosing these communications when sought by the opposing side in discovery.2 The necessity of this holding as a matter of first impression may come as a surprise to many practitioners who already regularly assert the joint defense privilege in Illinois state courts. The Selby court recognized that “a lot of practitioners and judges will be surprised to learn that [the joint defense privilege] has not already been recognized in Illinois.”3 The doctrine has implicitly existed in federal courts sitting in Illinois for decades, and practitioners have routinely asserted the defense in both state and federal tribunals.4 But although federal courts have conclusively stated that Illinois state law recognizes the joint defense privilege, Selby is the first Illinois appellate court case to finally do so.5
Continue Reading Illinois Appellate Court Recognizes Joint Defense Privilege

On June 1, 2017, the Mandatory Initial Discovery Pilot Project (MIDP) took effect in the Northern District of Illinois. With only limited exceptions, the MIDP applies to all cases filed after June 1 and significantly impacts how cases in the Northern District of Illinois will proceed. In particular, cases in which defendants are seeking to…

In our last post, we discussed Illinois Appellate Court decisions concerning medical monitoring claims. Plaintiffs have been similarly unsuccessful at the trial court level. Judge Leroy Martin in the Circuit Court of Cook County (Chancery) dismissed a medical monitoring claim pursuant to defendants’ 735 ILCS 5/2-615 motion to dismiss. See Pierscionek v. Ill. High…

Medical monitoring has yet to gain traction in Illinois. Plaintiffs with medical monitoring only claims – seeking future testing to determine whether defendants’ alleged negligence has caused the injuries feared  –  have been unsuccessful in Illinois. Although the Illinois Supreme Court has not ruled specifically on medical monitoring, existing Illinois law does not allow for…