On June 28, 2019, Gov. Pritzker signed into law an ambitious legislative plan that creates a unique opportunity for data-center owners to receive significant tax exemptions for the rehabilitation or construction of data centers located in Illinois. The legislation allows the state to issue tax exemptions and abatements related to qualifying data-center projects conditioned on: 1) entering into a project labor agreement; and 2) complying with the “responsible bidder” requirements of the Illinois Procurement Code. But are the state’s plans overly ambitious? To find answers, read James Connolly Jr. and Joseph P. Sweeney’s August Illinois Bar Journal article, “Illinois and the Data Center Game.”
Illinois Bar Journal
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In his August Illinois Bar Journal article, “Are Mindfulness & Meditation Relevant for Lawyers?”, retired attorney Jeffrey H. Bunn asks what exactly are mindfulness and meditation? How can they impact the daily practice of law? When and where do we meditate? How long do we need to meditate? And how often do we need to do it? His answers to these and other questions make the case that mindfulness and meditation can help attorneys better manage their thoughts and emotions in a variety of situations that lawyers encounter every day involving difficult clients; unpleasant work peers; contentious opposing counsel; or challenging judges, arbitrators, and mediators.
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The Illinois Bar Journal’s August cover article collects best practices from experts on hiring and retaining good employees and addressing toxic elements in the workplace, such as bullying by colleagues and supervisors. Taking steps on both ends of the employee spectrum, your best performers will thank you, and most likely stay around a lot longer knowing you’re looking out for them. The article is based on several interviews with ISBA CLE program presenters addressing workplace management and culture.
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Law firms are not immune from the controversies surrounding sexual misconduct in the workplace. Managing in the #MeToo environment has changed the dynamic of the employment relationship. In his July Illinois Bar Journal article, “At What Cost?” retired U.S. Equal Employee Opportunity Commission investigator William S. Hubbartt offers advice for preventing and responding to incidents of sexual harassment in the law office. Unfortunately, as Hubbartt explains, even though the spotlight of the #MeToo movement has faded from daily news and has been replaced by other issues, multiple stories continue to appear in the legal and mainstream media reporting allegations by law firm employees against employer law firms.
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“Bamboozled. Hoodwinked. Defrauded. Those words send shivers up our spines, as we have all probably been taken for a ride once or twice in our lives,” writes Danya Shakfeh in her July 2021 Illinois Bar Journal article, “Justifiably Defrauded?” Shakfeh notes the legal definition and standard for demonstrating fraud makes it hard for plaintiffs to prove, or even plead, fraud. Illinois courts have made fraud an extremely subjective and fact-specific claim, she adds. This subjective standard is evidenced by the First District of the Illinois Appellate Court’s September 2020 decision in Metropolitan Capital Bank & Trust v. Feiner. Given the many ways a person can lie, the varying levels of information available, and the sophistication of plaintiffs, Shakfeh goes on to discuss how Illinois courts are presented with an array of decisions with no objective standard to determine whether a plaintiff justifiably or reasonably relied on a defendant’s representations.
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July 6, 2021 |
Practice News
In their July 2021 Illinois Bar Journal column, The Resolution, Dr. Mary L. Milano and Kenya A. Jenkins-Wright, provide an update on the ISBA’s Steering Committee on Racial Inequality, which seeks to foster diversity, equity, and inclusion based on the ISBA’s equal justice resolution and to move collaboratively toward the resolution’s goals through a variety of means. To date, Milano and Jenkins-Wright note, the committee has undertaken public education in areas such as: claim rights in our property tax system; standards of nursing homes, particularly in minority areas; lending practices; and disciplinary practices in education that impact students of color disproportionately. The committee also spearheaded continuing legal education programming on addressing areas of unequal justice and practices resulting from bias, whether conscious or unconscious. “Our education for the public subcommittee continues to educate the public on how issues of diversity, bias, and equity affect all communities in various social, economic, and ethnic ways,” the authors say. “The future is beckoning. Lawyers need to be at the forefront of its framing and its becoming. It is all worth the risk and it all demands our commitment.”
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2021-2022 ISBA President Anna Krolikowska’s journey to the legal world began at age 13 when her family came to the U.S. from Poland and she enrolled in Chicago Public Schools. “We were studying for a Constitution test. I got hooked on the idea of the rule of law, and how the Constitution works in the United States,” she says. “That interest stayed with me. I didn’t have anyone in my family who was a lawyer. We didn’t know any lawyers when I was in grammar school.” But that didn’t stop Krolikowska from becoming a lawyer and going on to achieve much more. Read about her remarkable path to the ISBA presidency, and her vision for her term, in July’s Illinois Bar Journal.
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Earlier this year, Terry Mueller, of the Law Office of Steven A Lihosit, represented the defense in Illinois’ first remote civil jury trial, Renata Raskin v. Alexander Mitchell in Lake County’s 19th Judicial Circuit Court. Mueller writes about the prep work, attention to detail, and lessons learned from the trial as he and the other attorneys in the case navigated new procedures created by the Illinois Supreme Court to strike a balance between the Seventh Amendment’s guaranteed right to a trial by jury and public health guidelines for preventing the spread of the contagious coronavirus in close quarters like court facilities. Mueller especially highlights the most impactful provisions of Illinois Supreme Court Rule 45 and shares how COVID-19 has changed the legal landscape of remote jury selection.
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As of late April 2021, more than 50 percent of adults in the U.S. had received at least one dose of a COVID-19 vaccine. This is welcomed progress, but the pandemic is not going away yet. In fact, the vaccination campaign may get more challenging as it now has to reach people who are more hesitant to take vaccines, writes Craig Colbrook, legislative counsel for the Illinois Office of Comptroller, in his July Illinois Bar Journal article, “Finding a ‘New Normal’ With COVID-19 Vaccines.” Employers—and the attorneys who represent them—can play an important role here, Colbrook suggests. If they properly respond to the vaccines, then they can protect their employees, return to a safe and productive workplace, and help the country end the pandemic. But there are risks, too. Colbrook explores the legal exposure that employers face regarding employee vaccination and lays out three options employers can take: 1) requiring employees to take a COVID-19 vaccine; 2) incentivizing employees to be vaccinated; or 3) encouraging employees to receive a COVID-19 vaccine.
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Attorneys often enter into negotiations with the other party without having formulated a careful strategy, says Marty Latz, CEO of Latz Negotiation. Latz, who will present Five Steps to Effective Online Negotiations, an ISBA CLE program, on June 18, sat down with the Illinois Bar Journal and shared his approach to negotiation strategies and tactics and how negotiating online differs from dealing face-to-face. “In the past 40 to 50 years, there’s been a lot of great research in this particular area. There is a right way and a wrong way to negotiate,” says Latz, a former White House negotiator, former adjunct professor at Arizona State University College of Law, and author of “The Real Trump Deal: An Eye-Opening Look at How He Really Negotiates.” Read the IBJ’s June cover story, “The Art of Negotiating Online,” for more of Latz’s research-based approach to striking deals remotely.