On December 4, 2020, after his November 3, 2020 election, Justice Neville, the second African American to sit on the Illinois Supreme Court, was sworn in by Chief Justice Anne M. Burke, with his wife and staff in attendance.
In their December 2020 Illinois Bar Journal article, attorneys Andrew R. Schwartz and John Cerney present the following scenario: Without first consulting its lawyers, your firm’s major client, Hapless Client, LLC, entered into a horrible one-sided contract with Sketchy Business, Inc. To make matters worse, Sketchy just filed a contract claim against Hapless to enforce that contract, and Sketchy’s complaint seeks massive damages that could put Hapless out of business permanently. An interview with Hapless confirms the truth of the essential allegations of the complaint. Since the complaint states a viable claim, a motion to dismiss will fail. Litigation might buy Hapless some time, but Sketchy will likely win on summary judgment. Settlement appears doubtful: Sketchy knows the strength of its case, and its settlement demand exceeds Hapless’ ability to pay. You know this desperate situation will require creative thinking and, lo and behold, your research about Sketchy shows that it has a long and colorful history in the courts, including an unsatisfied adverse judgment in favor of J. Creditor, LLC. Here, a rather unusual strategy presents itself: Purchase J. Creditor’s judgment against Sketchy. With that judgment, Hapless can then seize Sketchy’s claim, i.e. its “chose in action” against Hapless. Schwartz and Cerney outline precisely how this maneuver works (and is one based on the authors’ real-life experience).
The Illinois Supreme Court handed down five opinions on Thursday, December 3. They included opinions in two criminal cases and three civil cases.
In People v. Reed, the court answered the question of whether a guilty plea prevents a defendant from later asserting an actual innocence claim under the Post-Conviction Hearing Act. In People v. Knapp, the court considered a case in which the defendant, after his attempted murder conviction was affirmed on appeal, filed a post-conviction petition that alleged that his waiver of his right to testify was neither knowingly nor voluntarily made.
In State Farm Mutual Automobile Insurance Co. v. Elmore, the court considered the meaning and enforceability of a “mechanical device” exclusion in an automobile insurance policy that covered a grain truck used in a grain farming operation. In Gillespie v. Edmier, the court agreed that the defendant manufacturer was not entitled to summary judgment on the plaintiff’s strict product liability claims. In People ex rel. Lisa Madigan v. Stateline Recycling, LLC, the court reviewed a contempt order and remanded a case involving a civil enforcement action brought by the Attorney General under the Illinois Environmental Protection Act.
Join us from noon until 2 p.m. on Thursday, December 17 for in-depth look at the dispute resolution options available to parents, students, and school districts in special education matters. School attorneys, general practitioners, and education counsel with all levels of practice experience will benefit from the information provided by our three attorney speakers, all of whom has significant experience in this field. A discussion on recent developments, legislation, and COVID-19 measures are is also included.
ISBA President Dennis Orsey will host a Town Hall event at 4 p.m. on Thursday, December 10 to speak about current issues facing the profession and to foster a discussion with members about the pandemic and practice of law.
The Town Hall event, which is part of the Joint Midyear Meeting, will be hosted via Zoom and is open to all ISBA members at no cost.
Every year, the Illinois State Bar Association presents awards to recognize individuals and law firms for their commitment and service to the profession, their communities, and the association. Award recipients are selected through a nomination process, and members are encouraged to nominate persons who meet the criteria for each award. Please submit the online nomination form, available following the links below, for the following awards no later than March 5, 2021.
Podcasting has become serious business—and a serious means for marketing a business and developing credibility. Yet, some of the best podcasts available are produced by people who aren’t doing it for the money. Podcasting lawyers find themselves on both ends of the spectrum, including ISBA members who have dipped their toes into the still-growing medium. In its December 2020 issue, the Illinois Bar Journal asks ISBA members who podcast why they do it and what they’ve learned. The article, “Speaking Into the Mic,” also includes advice for blogging—another creative outlet that’s as popular as ever.
In an effort to safeguard a company’s intellectual property, employees are oftentimes required to sign non-competition and non-solicitation provisions in their employment agreements or in separate agreements limited to certain types of restrictive covenants. Don’t miss this three-part online series that gives you the information you need to advise your clients on restrictive covenants and trade secrets.
The Illinois State Bar Association’s Board of Governors approved a Professional Conduct Advisory Opinion on October 23 during its regularly scheduled Board meeting.
The opinion addresses how a non-Illinois licensed lawyer can work at an Illinois law firm while applying for admission to the Illinois bar.
Congratulations to Brian Flynn for winning a Visa gift card in the ISBA's recent Twitter contest!
We asked members to tell us in 280 characters or less what ISBA member benefits they find most useful.