Practice News

Illinois attorneys, employers, and individuals routinely face issues involving the legality of recording conversations. Whether it’s an Uber driver recording passengers, a player recording a coach, or a bystander recording a police officer, problems involving recorded conversations regularly appear in the news. In his July Illinois Bar Journal article, “Can You Record Me Now? The Illinois Eavesdropping Act and Its Effect on Attorneys, Employers, and Individuals,” Daniel Katzman traces the history of the Illinois Eavesdropping Act—amongst the strictest in the country—and its criminal, civil, and ethical implications.  

In his July 2019 Illinois Bar Journal article, “Responding to Affirmative Defense,” Jake Crabbs, a law clerk for Justice Mathias W. Delort in the Illinois Appellate Court (First District), lays out a plan for responding to affirmative defenses in the early stages of litigation. To set the stage, he asks you to “[i]magine you have filed a civil complaint for breach of a simple personal-loan contract. Predictably, the defendant responds with a section 2-619.1 combined motion to dismiss and throws everything into it. After a tedious round of briefing and even oral arguments, the judge denies the motion entirely and orders the defendant to answer the complaint. Finally, you assume, this simple, little case can get moving. But you are wrong. When the defendant files her answer, she also raises 11 affirmative defenses. Eleven! Some of the defenses are merely one-sentence denials of your well-pleaded allegations and several were already raised in her motion to dismiss. Does opposing counsel even know what affirmative defenses are? Regardless, you are now in for another round of time-consuming motion practice.”

The peculiarities of the Illinois estate tax and the confusing math underlying it require nuanced, cautious approaches to estate planning and gift giving. In his July Illinois Bar Journal article, “Wrapping Your Head Around the Illinois Estate Tax,” Robert J. Kolasa explains the peculiarities of the Illinois estate tax and the subsequent and considerable changes in estate planning strategies. He begins by noting that while the federal and Illinois estate calculations share similarities, they are different in many respects. Illinois’ formula selects the lower of either the “2011 calculation” under former Section 2011 of the Internal Revenue Code (“IRC”) or the “hypothetical tax” based on federal estate taxes reckoned with a $4 million estate tax exclusion amount. Also included are several helpful calculation tables showing various estate-planning outcomes.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers toxic torts, the Consumer Fraud and Deceptive Business Practices Act, special interrogatory, the Equal Pay Act of 2003, and the Cannabis Regulation and Tax Act.