Litigation

In January 2012, the ISBA and the Association of Corporate Counsel filed an amicus curiae brief in the Illinois Supreme Court objecting to a broad application of the subject matter waiver of the attorney-client privilege in the context of business transaction negotiations. The case is Center Partners v. Growth Head GP, Supreme Court No. 113107.

• Read the ISBA’s brief.
• Read the Court’s opinion.

In August 2011, the ISBA filed an amicus curiae brief in the Illinois Supreme Court supporting the proposition that the “nullity rule” in unauthorized practice of law cases should not be discretionary with the trial courts  The case is Downtown Disposal Services v. City of Chicago, Supreme Court No. 112040. 

• Read the ISBA’s brief.
• Read the Court’s opinion.

ISBA Articles/Materials

• UPL: Fighting UPL after Downtown Disposal (Illinois Bar Journal, November 2013)
• Court Disposes of nullity rule in Downtown Disposal Services, Inc. (Administrative Law Newsletter, December, 2012)
• Some Perspective on modification of the Nullity Rule: Downtown Disposal Services v. Chicago, (Administrative Law Newsletter, April 2012)

In May 2011, the ISBA and the Chicago Bar Association filed a joint amicus curiae brief in the Illinois Appellate Court (First District) supporting the applicability of the attorney-client privilege to communications between a firm lawyer and that firm’s in-house general counsel (and outside lawyers as well). The case is Garvy v. Seyfarth Shaw, Appellate Court No. 110115.

• Read the ISBA’s brief.
• Read the Court’s opinion.