Section Newsletters

Articles From 2022

Anti-Reliance Language in Stock Purchase Agreements: A Cautionary Tale By Prof. Charles W. Murdock & Richard Paula Business and Securities Law, October 2022 A summary and analysis of Walworth Investments-LG, LLC. v. Mu Sigma Inc. and Dhiraj C. Rajaram.
Appellate Court Clarifies Minor’s Right to Confidentiality By Joseph T. Monahan & Melissa Ludington Mental Health Law, May 2022 The appellate court answered a number of decades-long questions about mental health records concerning minors in In re Marriage of Wendy W. and James W.
Appellate Court Dodges an Interesting Question: Kallal v. Lyons By Robert Handley Civil Practice and Procedure, May 2022 A summary and analysis of Kallal v. Lyons.
Appellate Court Vacates Large Penalty By Raymond Reott Environmental and Natural Resources Law, June 2022 An Illinois appellate court panel reversed the trial court judgment regarding civil enforcement of the environmental laws at a famous dump site in Ford Heights.
Appellate Update By Andreas Liewald Mental Health Law, April 2022 A summary and analysis of Gibbons v. OSF Healthcare System.
Appellate Update: Marcus Appeals Trigger Call to Action By Andreas Liewald Mental Health Law, May 2022 The opinions in In re Marcus highlight important issues involving respondent’s civil and procedural rights in mental health proceedings, which far too often have been neglected.
ARDC Intermediary Program By Hon. James M. Radcliffe, (ret.) Human and Civil Rights, December 2022 An overview of the ARDC's Intermediary Program.
ARDC Intermediary Program By Hon. James M. Radcliffe, (ret.) General Practice, Solo, and Small Firm, November 2022 An overview of the ARDC's Intermediary Program.
Are You Representing a Green Card Holder Seller or Buyer? Real Estate Law, December 2022 A reminder for real estate practitioners reprenting clients who are lawful perfmanent residents.
Are Your Tenant Clients Facing Immediate Eviction? Some Help Is Still Available Real Estate Law, December 2022 A reminder from the Illinois Housing Development Authority.
Assignment of Promissory Note Includes Assignment of Continuing Guaranty By Kevin Stine Commercial Banking, Collections, and Bankruptcy, November 2022 In Amos Financial, LLC v. Szydlowski, the trial court entered summary judgment in favor of a creditor enforcing a promissory note guarantee. The appellate court affirmed.
Assignments of Beneficial Interest in Illinois Land Trust Not Invalidated by Failure to Lodge with Land Trustee or to Obtain Approval of Mortgage Lender By Mary Anne Gerstner General Practice, Solo, and Small Firm, September 2022 Where there was a failure by beneficial owner during his lifetime to lodge assignments of beneficial interest in land trust with land trustee, contrary to trust agreement, the assignment was not invalid, and was effective as to defendants, including certain adult children of the decedent who claimed the beneficial interest under the survivorship provisions of the trust. Irrevocable right to approve trust document did not require approval of assignments by lender.
ASTM E1527-21: The New 2021 Standard for Phase I Environmental Site Assessments By William J. Anaya Environmental and Natural Resources Law, March 2022 A summary of the changes made to the ASTM's Phase I Environmental Site Assessments in 2021.
ASTM E1527-21: The New 2021 Standard for Phase I Environmental Site Assessments By William J. Anaya Real Estate Law, January 2022 A summary of the changes made to the ASTM's Phase I Environmental Site Assessments in 2021.
At the Fork in the Road—Return to the Office and Work From Home? By Kayla McKinnon Young Lawyers Division, October 2022 Will the hybrid model of work be the new norm in the post-pandemic workplace?
Attack on Olympus: The Rise of FIRPTA By Donald Hyun Kiolbassa & Neil Noden Real Estate Law, September 2022 An overview of the Foreign Investment In Real Property Tax Act of 1980.
Attorney Sanctioned Over Emails to Judge and Others; First Amendment Defense Fails By Pamela Sakowicz Menaker Bench and Bar, October 2022 An Illinois action before the Attorney Registration and Disciplinary Commission pits an attorney’s First Amendment rights against allowable speech in emails commenting on a judge and her actions in a pending case.
Attorneys and Legally Trained Legislators in the 103rd General Assembly By John K. Norris State and Local Taxation, December 2022 An overview of the composition of the new Illinois General Assembly.
Avoiding Hustle Culture in the Practice of Law By Benjamin R. Lawson General Practice, Solo, and Small Firm, September 2022 The avoidance of hustle culture is especially important for general, solo, and small-firm practitioners who wear multiple hats, any one of which could be its own full-time job.
Bank Loses Claim to Collateral By Michael Weissman Commercial Banking, Collections, and Bankruptcy, July 2022 Although after-acquired personal property collateral can be included in a bank's collateral by using an after-acquired clause in the collateral description, that is not true of real estate. 
Bank Not Liable Under the Statute of Frauds By Michael Weissman Commercial Banking, Collections, and Bankruptcy, March 2022 In Modern Industries, Inc., vs. Oxford Bank Corp., the claimants sued the bank for alleged negligence in unilaterally changing the terms of certain loans in violation of the parties’ agreement, breach of fiduciary duty by failing to properly distribute loans, and engaging in in constructive fraud and misrepresentation by waiting to disclose unilateral changes to the final loan documents until the claimants were left with no choice except to close the loans.
Bank’s UCC Liens Trump Wage Claims in Federal Receivership By Michael Weissman Commercial Banking, Collections, and Bankruptcy, May 2022 Even though courts are generally sympathetic to wage claims of employees of insolvent borrowers, they will not use state statutory law to subordinate earlier-perfected security interests in the borrower’s assets to those wage claims unless the state law clearly grants the wage claims a lien priority position.
The Basic Elements of Blockchain By Aaron W. Brooks Legal Technology, Standing Committee on, November 2022 When trying to understand what blockchain is and how it works, it’s helpful to begin by considering the specific problem that blockchain was invented to solve and the historical context within which it arose.
Battle Lines on the Verdict Form: How Many Lines Should Go to the Jury? By Kingshuk Roy Civil Practice and Procedure, November 2022 There is often a dispute at trial over how many lines should be included on the verdict form. Some advocate for separate lines for each distinct damage claim while others seek to combine damage categories into a single line. This article reviews how appellate courts have handled this dispute.
Become an Illinois Bar Foundation Champion By Bernard G. Peter Corporate Law Departments, December 2022 The Champions of the Illinois Bar Foundation are a distinguished group of supporters who believe in the value of justice and philanthropy.
Bench & Bar DEI Committee Update Bench and Bar, August 2022 An overview of the Bench & Bar Section Council's DEI Committee.
Benefits of Registering a Trademark as an Entity By Ahad Syed Intellectual Property, June 2022 Some advantages of registering a trademark as as entity.
Benefits of Registering a Trademark as an Entity By Ahad Syed Business and Securities Law, April 2022 Filing for a trademark as an entity, though unnecessary, confers significant benefits.
Beware of the Illinois Employee Who Insists on Independent Contractor Status By Nancy J. Townsend Labor and Employment Law, February 2022 If a worker provides services at your place of business that are essential to your business, they are an employee under the Illinois Wage Claim Act
Bike Path Etiquette By Stephen Hoffman General Practice, Solo, and Small Firm, September 2022 Practical tips for riding your bike safely.