Section Newsletters

Articles From 2023

Event Recap – 1973-2022: The Dobbs Decision By Judith Conway Women and the Law, December 2023 Over 50 attendees gathered in person at the ISBA to hear the programming for 1973-2022: The Dobbs Decision.
‘Every One of Us Can Make a Difference!’ By Hon. Michael S. Jordan Labor and Employment Law, December 2023 Individually and jointly, the many agencies play a major role in the lives and welfare of all.
Evidence of the Inability to have Children in a Wrongful Death Claim Involving the Loss of a Child By Jeffrey A. Schulkin & Haadee M. Siddiqui Tort Law, January 2023 Given the 2007 amendment to the Wrongful Death Act, evidence that parents are unable to have any children should be relevant and admissible as evidence in support of their grief, sorrow, and mental anguish when they are pursuing a claim for the loss of a child.
The Evolving But-For Standard in Employment Law By Elisabeth Mustoe Labor and Employment Law, September 2023 In its most recent ruling on the subject of mixed motive versus but-for causation, the U.S. Supreme Court announced that discrimination claims brought under Section 1981 of the Civil Rights Act of 1866 are subject to the heightened but-for standard.
Examining the Legal Challenges and Controversies Against Illinois’ Assault Weapons Ban By Antonio Lee Young Lawyers Division, March 2023 Currently, our nation stands at a crossroad in addressing the ongoing debate to restrict access to assault weapons and large-capacity magazines while considering safety and prevention of mass shootings.
Expert Opinions and Proximate Cause—‘Might’ or ‘Could Have’ Testimony By Brion Doherty Tort Law, December 2023 Summaries of two recent cases that speak to the fact that we cannot always say with certainty what caused a person's injury.
An Exploration of Noncitizens’ Rights to Hold Property in Illinois By Carlos Cisneros Vilchis Real Estate Law, July 2023 Most property rights affecting noncitizens are determined at the state level, usually by legislation.
Family Leave and Civility By Paloma Holloman Diversity Leadership Council, June 2023 A call to extend civility and professionalism beyond the courtroom and office.
Family Leave and Civility By Paloma Holloman Women and the Law, April 2023 A call to extend civility and professionalism beyond the courtroom and office.
Farm and Food Law: Is Climate Change Calling for a New National Perspective? By Claire A. Manning Food Law, March 2023 One highlight for the Illinois Food Law Section Council was jointly sponsoring a CLE with the University of Illinois’ College of Agriculture and Consumer Economics and the University of Illinois College of Law.
Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress? By William J. Anaya Agricultural Law, December 2023 With the U.S. Supreme Court’s recent decision in Sacket et ux. v. Environmental Protection Agency et al., it seems that the definition of "waters of the United States" has been resolved—unless, of course, Congress decides to modify the Clean Water Act.
Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress? By William J. Anaya Environmental and Natural Resources Law, October 2023 With the U.S. Supreme Court’s recent decision in Sacket et ux. v. Environmental Protection Agency et al., it seems that the definition of "waters of the United States" has been resolved—unless, of course, Congress decides to modify the Clean Water Act.
Federal Trade Commission Rule to Make Non-Compete Agreements Unfair Trade Practices Comments to Proposed Rule Due March 20, 2023 By David C. Brezina Labor and Employment Law, February 2023 On January 5, 2023, the Federal Trade Commission published a Notice of Proposed Rulemaking for a rule to ban non-compete clauses. 
Federal Trade Commission Rule to Make Non-Compete Agreements Unfair Trade Practices Comments to Proposed Rule Due March 20, 2023 By David C. Brezina Intellectual Property, February 2023 Non-compete agreements have arisen in courts since 1711. On January 5, 2023, the Federal Trade Commission published a Notice of Proposed Rulemaking (NPR) for a rule to ban non-compete clauses. Among other provisions, a company has to identify whether it has a non-compete, and if so, tell the contracting worker that it is no longer in effect. The NPR cites economic literature that banning non-competes enhances competition and lowers prices. Comments to the proposed rule are due March 6, 2023.
Fees in Disguise? How Courts Can Award Attorneys’ Fees in Intentional Tort Cases Without Statutory or Contractual Authority By Hon. Timothy J. McJoynt & Mariah C. Ausbury Civil Practice and Procedure, August 2023 An analysis of howw attorneys' fees can be awarded when there is a valid statutory or contractual basis.
Fifth District Appellate Court Issues Decision on Mineral Tenancy in Common Question By Craig R. Hedin Mineral Law, December 2023 In September 2023, the appellate court held that under Illinois law, a mineral tenant in common does not have a legal right to take oil and gas from a common property without the permission of the co-tenants who may file a civil action and seek damages to redress the injuries to their respective interests.
Fifth District Appellate Court to Consider Mineral Tenancy in Common Issue By Craig R. Hedin Mineral Law, March 2023 The appellate court recently considered whether or not Illinois law provides that a tenant in common owning at least half of the mineral interest in land possesses an unfettered right to drill for oil and gas without the permission of the co-tenant.
Fighting Bullying in the Legal Profession: An Opportunity for Change By Eli Goldstein Young Lawyers Division, November 2023 Uncivil behavior and bullying tarnish the legal profession’s reputation and deter diversity in the field.
Fighting Bullying in the Legal Profession: An Opportunity for Change By Eli Goldstein Bench and Bar, October 2023 Uncivil behavior and bullying tarnish the legal profession’s reputation and deter diversity in the field.
Final Regulations Governing Illinois Equal Pay Act’s Certification Requirements Are Published By Stacey A. Bastone, Thomas E. Berry, Jr., Daniel Corbett, & Thanin O. Stewart Labor and Employment Law, February 2023 The long-awaited regulations from the Illinois Department of Labor governing the amendments to the Illinois Equal Pay Act were published, further clarifying the practical implications of obtaining an equal pay registration certificate under the IEPA.
‘Finally Free of the Shakman Decrees’ By Leonard F. Amari Senior Lawyers, October 2023 In 1969, one man—Attorney Michael Shakman—made his stand against the Chicago political machine.
1 comment (Most recent October 24, 2023)
Five Important Things to Know for Your Practice Area: Trademark Law By Kerianne A. Strachan Young Lawyers Division, April 2023 An overview of the various steps that are important for practitioners to keep in mind when advising clients on how to protect their trademarks and enforce the rights afforded to them with a federal registration.
Five Steps for Performing Due Diligence on an Acquisition Target’s Use of Generative AI By David A. Johnson, Jr. Corporate Law Departments, December 2023 Generative artificial intelligence is becoming mainstream and buyers of businesses need to take steps as part of their due diligence to understand and manage the risks associated with this new technology.
Five Steps for Performing Due Diligence on an Acquisition Target’s Use of Generative AI By David A. Johnson, Jr. Business Advice and Financial Planning, November 2023 Generative artificial intelligence is becoming mainstream and buyers of businesses need to take steps as part of their due diligence to understand and manage the risks associated with this new technology.
Five Ways to Weave ESG Principles Into Your Purpose as a Business Corporate Law Departments, April 2023 Five practical ways to weave environmental, social, and governance principles into your business.
Flinn Abstract By Tony Fioretti Local Government Law, October 2023 Summaries of recent regulatory decisions of interest.
Flinn Report Summary – January 6, 2023 Through February 24, 2023 By Joseph P. O’Keefe Trusts and Estates, April 2023 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Flinn Report Summary: March 3, 2023 – June 2, 2023 By Joseph P. O’Keefe Trusts and Estates, June 2023 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Floating Easements Don’t Always Float: The Dilemma By Ted M. Niemann Real Estate Law, March 2023 In the event your Illinois real estate practice involves representing clients who purchase, sell, or develop retail shopping centers, industrial subdivisions or farm real estate, you may encounter floating easements.
FOIA and Personal Devices By Nicholas Correll Government Lawyers, November 2023 Although personal account communications may be considered public records as a threshold matter, they should still be analyzed for applicable Freedom of Information Act exemptions.