Section Newsletters

Articles From 2023

Mitigation of Damages in Illinois Commercial Lease Disputes By R. Kymn Harp Commercial Banking, Collections, and Bankruptcy, April 2023 An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.
Mitigation of Damages in Illinois Commercial Lease Disputes By R. Kymn Harp Real Estate Law, April 2023 An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.
The Money Stays Here? Municipalities Cannot Adjudicate Traffic Tickets By Frank Andreano Traffic Laws and Courts, February 2023 It is no secret that traffic tickets raise significant revenue and who gets this money was the subject of a recent appellate court opinion in Cammacho v. the City of Joliet.
Musings of a Mediator: 15 Years Later By Christopher Bohlen Family Law, January 2023 When Illinois Supreme Court Rule 905 was created, it gave a deadline to circuit courts to create rules for mandatory mediation of child issues in dissolution and parentage cases.
My Experience as a Juror for the ISBA LRE Committee’s 2023 Mock Trial Invitational By Sharon Eiseman Law Related Education for the Public, May 2023 Reflections on participating in the ISBA High School Mock Trial Invitational as a volunteer.
National Council of Insurance Legislators Passes Model Law Preventing Breed-Based Insurance Restrictions By Ledy VanKavage Animal Law, February 2023 In November, the National Council of Insurance Legislators passed a model law to protect dog owners from breed-based homeowners and renters insurance restrictions.
Navigating the Termination for Convenience By Stanley N. Wasser Construction Law, December 2023 Termination for convenience clauses allow an owner to terminate the construction contract for any reason and without fault by the contractor. 
The Negotiation Process a Government Entity Must Follow, Pursuant to State Statute, in Seeking to Acquire Private Property From Its Owner for Public Use in a Construction Project for the Benefit of the Public By Sharon Eiseman Real Estate Law, June 2023 In the typical situation where a state agency is seeking to acquire all or part of a piece of real estate that is privately owned, a negotiation process must be followed in keeping with a statutory mandate found in the Illinois Compiled Statutes.
New Changes to the Illinois Radon Gas Awareness Act By Nicky Sonntag Real Estate Law, December 2023 The Illinois Radon Act will be substantially revised effective as of January 1, 2024, imposing additional obligations on landlords and providing additional rights to tenants.
New Charitable Planning Opportunities With Retirement Plans By Philip M. Purcell, J.D. Trusts and Estates, January 2023 The new Secure Act 2.0 addresses many issues related to retirement planning, including two important charitable planning opportunities.
New Committee By Dave Chroust Senior Lawyers, June 2023 The Senior Lawyers Section Council recently established a new committee, the Issues Facing Practicing Senior Lawyers Committee, which seeks to determine, understand, and address the issues facing senior lawyers who continue to practice, either on a full time or part time basis.
2 comments (Most recent June 14, 2023)
New Education Laws By Phil Milsk Education Law, October 2023 Summaries of education bills recently signed into law by Governor J.B. Pritzker.
New Illinois Estate Planning and Elder Care Legislation By Ben A. Neiburger Trusts and Estates, June 2023 Summaries of the recently passed Illinois laws relevant to elder care and estate planning.
New Illinois Law Bans Third Parties From Using Merchant Marks Without Permission By Jonathan LA Phillips Intellectual Property, February 2023 With enactment of Illinois’ Fair Food and Retail Delivery Act, the General Assembly barred third parties from using restaurants’ and bars’ trademarks and other intellectual property without their permission. How the defense of nominative fair use will apply under this law, meant to curb food delivery app misbehavior, is unclear.
New Illinois Supreme Court Decisions Clarify Biometric Information Privacy Act By William A. Price Business Advice and Financial Planning, May 2023 Two recent Illinois Supreme Court decisions have clarified the statute of limitations and the actionable number of violations for suits under the Illinois Biometric Information Privacy Act
New Law to Require Salary Transparency in Job Postings By Jenifer L. Johnson Government Lawyers, November 2023 A recently enacted amendment to the Equal Pay Act of 2003 will soon impact the required content of job postings for many employers, including governmental entities.
New Law: Public Act 103-0132 Real Estate Law, July 2023 The amended text of the Landlord and Tenant Act.
New Legislation in Illinois Impacting Human Rights By Jill D. Leka Human and Civil Rights, August 2023 Summaries of recent legislation in Illinois that impact human rights.
A New Look at the Rights of Students With Disabilities By Madonna T. Lechner Law Related Education for the Public, May 2023 The plight of a student with a hearing impairment was recently brought to the public’s attention after the U.S. Supreme Court rendered a decision in Luna Perez v. Sturgis Public Schools.
New Salary Threshold for Overtime Proposed By Alex Mark Corporate Law Departments, September 2023 On August 30, 2023, the U.S. Department of Labor put forward a rule that would raise the salary threshold under which employees are eligible for overtime pay under the Fair Labor Standards Act.
New Statewide Program Now Accepting Plans for $2 Million in Grants to Build Local Food Infrastructure Food Law, December 2023 Millions of new state dollars are now available for Illinoisans interested in building out the state’s network of local food infrastructure.
A New Statutory Special Warranty Deed—and More By Richard F. Bales Real Estate Law, February 2023 The real estate attorney now has three options when it comes to preparing and accepting special warranty deeds—two statutory deeds and a customized deed.
The New Venue Statute: Fueling Age Old Debate Between Legislative and Judicial Authority By Judge Judy Cates Bench and Bar, October 2023 In June 2023, Gov. JB Pritzker signed House Bill 3062 and a new venue statute went into effect.
Newly Enacted Federal ‘Speak Out Act’ Limits Use of Some Sexual Harassment NDAs By Michael Arnold & Corbin Carter Labor and Employment Law, February 2023 President Biden has signed into law the federal Speak Out Act limiting the enforceability of pre–dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes. 
NextGen Bar Exam Builds on Strengths of Current Attorney Assessments By Prof. Timothy Davis Young Lawyers Division, September 2023 The NextGen Bar Exam, which is slated to launch in July 2026, will marry the doctrinal rigor of the current exam with substantive testing of lawyering skills.
NextGen Bar Exam Builds on Strengths of Current Attorney Assessments By Prof. Timothy Davis Legal Technology, Standing Committee on, September 2023 The NextGen Bar Exam, which is slated to launch in July 2026, will marry the doctrinal rigor of the current exam with substantive testing of lawyering skills.
Ninth Circuit Provides Guidance on ‘Reasonably Conspicuous Notice’ of Website Arbitration Agreement By Jay Schleppenbach Alternative Dispute Resolution, August 2023 In Oberstein v. Live Nation Entertainment, Inc., the appellate court provided some guidance on what constitutes sufficient notice.
NIU Health Advocacy Clinic: Empowering Those Experiencing Homelessness and Mental Illness Through Advanced Directives By Colleen Boraca Mental Health Law, October 2023 The Northern Illinois University College of Law Health Advocacy Clinic is a medical-legal partnership between NIU College of Law, Aunt Martha’s Health and Outreach Center, and Hesed House, the second largest homeless shelter in Illinois.
NLRB and OSHA Announce Partnership Over Worker Safety Protections By Heather L. McDougall, Kaiser H. Chowdhry, David R. Broderdorf, John F. Ring, Michael K. Taylor, & Megan L. Lipsky Labor and Employment Law, December 2023 The National Labor Relations Board and Occupational Safety and Health Administration executed a memorandum of understanding regarding a partnership designed to strengthen their efforts to protect workers who either speak out about health and safety working conditions or engage in potential protected activity that triggers anti-discrimination and/or whistleblower protection under both federal labor law and health and safety laws.
NLRB Announces Most Expansive Definition of Joint Employment Yet, With Potential Significant Implications for Franchisors, Staffing Agencies and More By Caroline Burnett, JT Charron, William F. Dugan, Kimberly Franko, Autumn Sharp, & Will Woods Labor and Employment Law, December 2023 An overview of the new standard for "joint employer" status.