Section Newsletters

Articles From 2024

IDOL’s October 18, 2023 FAQs Provide Additional Guidance on How Employers’ Existing Paid Time Off Policies Can Satisfy the Illinois Paid Leave for All Workers Act’s Requirements By Leigh Jeter & Joelle Juárez Corporate Law Departments, March 2024 The Illinois Paid Leave for All Workers Act went into effect on January 1, requiring covered employers to provide eligible Illinois employees with up to 40 hours of paid leave each year.
IDOL’s October 18, 2023 FAQs Provide Additional Guidance on How Employers’ Existing Paid Time Off Policies Can Satisfy the Illinois Paid Leave for All Workers Act’s Requirements By Leigh Jeter & Joelle Juárez Labor and Employment Law, February 2024 The Illinois Paid Leave for All Workers Act went into effect on January 1, requiring covered employers to provide eligible Illinois employees with up to 40 hours of paid leave each year.
If Tomorrow Never Comes …. (A message to my judicial colleagues) By Hon. April Troemper Bench and Bar, September 2024 LIFE IS A GIFT. Each of us was born in this moment in time … not a hundred years ago, but now. Who we encounter, what we do, where we go, what we say, how we treat others professionally and personally … it all matters.
Illinois Appellate Court Finds Basis for Public and Private Nuisance for Property Owners With Contiguous and Adjacent Lands to Annexed Development But Also Finds Annexation Agreement Is Valid By James V. Ferolo & Madeline Van Schelven Local Government Law, August 2024 A summary and analysis of Bienas v. City of Joliet, which presents an interesting twist on the manner in which aggrieved residents may try to stop unpopular developments.
Illinois Appellate Court Holds Governmental Sale Tax Exemption Does Not Apply to Taxpayer’s Sales to Managed Care Organizations By David J. Kupiec, JD,CPA & Natalie Martin, J.D. State and Local Taxation, February 2024 A summary and analysis of the appellate court decision in Midwest Medical Equipment Solutions, Inc. v. Illinois Department Of Revenue and Illinois Independent Tax Tribunal.
Illinois Appellate Court Holds Lowe’s Violated the Illinois False Claims Act by Remitting Illinois Use Tax and Not Retailers’ Occupation Tax on Certain Appliance Sales After Receiving Guidance in 2015 Department of Revenue Compliance Alert By David J. Kupiec, JD,CPA & Natalie Martin, JD State and Local Taxation, November 2024 On September 30, 2024, the Illinois Appellate Court issued an order in People of the State of Illinois, ex rel., Richard Lindblom and Ralph Lindblom v. Lowe’s Home Centers, LLC, Sears Brands, LLC, Home Depot U.S.A., Inc., Best Buy Stores, L.P., and Gregg Appliances, Inc., affirming in part and reversing in part the trial court’s judgment finding Lowe’s Home Centers, LLC liable for violating the Illinois False Claims Act and remanding the matter for a new trial on the issue of damages.
Illinois Child Support Services Family Resource Transformation By Irene Curran Family Law, May 2024 The Illinois IV-D program has evolved and expanded to provide services intended to help the entire family, including parents who pay support.
Illinois Department of Natural Resources/Oil and Gas Resource Management Issues By Craig R. Hedin Mineral Law, March 2024 Updates about the Illinois Department of Natural Resources and Oil and Gas Resource Management.
Illinois Establishes Solar & Wind Siting Standards; Counties on Short Timeframe to Comply By Adam Margolin, Kate Duncan, Chris Skey, & Elizabeth McErlean Agricultural Law, January 2024 The Illinois General Assembly recently enacted legislation that addresses county-level regulation over the siting and zoning of larger solar and wind projects.
Illinois Establishes Solar and Wind Siting Standards; Counties on Short Timeframe to Comply By Adam Margolin, Kate Duncan, Chris Skey, & Elizabeth McErlean Environmental and Natural Resources Law, February 2024 The Illinois General Assembly recently enacted legislation that addresses county-level regulation over the siting and zoning of larger solar and wind projects.
Illinois Establishes Solar and Wind Siting Standards; Counties on Short Timeframe to Comply By Adam Margolin, Kate Duncan, Chris Skey, & Elizabeth McErlean Energy, Utilities, Telecommunications, and Transportation, February 2024 The Illinois General Assembly recently enacted legislation that addresses county-level regulation over the siting and zoning of larger solar and wind projects.
The Illinois Estate Tax: What Will the Future Bring? By Robert W. Kaufman Trusts and Estates, February 2024 Proposed legislation with respect to the Illinois estate tax appears like clockwork every legislative session.
Illinois Extends Time for Filing Discrimination Claims Under Illinois Human Rights Act from 300 Days to 2 Years By Ronald S. Langacker Human and Civil Rights, October 2024 On August 9, 2024, Governor Pritzker signed into law legislation that extends the deadline to file an administrative charge based upon employment discrimination, harassment, or retaliation with the IDHR from 300 days to 2 years. The law will take effect on January 1, 2025.
Illinois Freedom to Work Act By Bernard G. Peters Business Advice and Financial Planning, June 2024 A number of states including Illinois have enacted legislation to restrict the ability of an employer to enforce non-compete agreements.
Illinois Freedom to Work Act By Bernard G. Peters Corporate Law Departments, April 2024 A number of states including Illinois have enacted legislation to restrict the ability of an employer to enforce non-compete agreements.
Illinois Passes “Wage Protection” Law Targeting General Contractors By Daniel G. Rosenberg Construction Law, October 2024 On June 10, Governor J.B. Pritzker signed into law an amendment to the Illinois Wage Payment and Collection Act making general contractors (or trade contractors that themselves have subcontractors) liable for the wages of their subcontractors' employees. 
Illinois Paves Way for Carbon Capture and Sequestration with SAFE CCS Act By Gabriel J. Salinas, Philip K. Lau, Ryan J. Silverman, & Juan Pablo Tablada Flores Environmental and Natural Resources Law, December 2024 Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects. The state's legislature has passed Senate Bill 1289, also known as the SAFE CCS Act, which was signed into law on July 18, 2024. This groundbreaking legislation was the result of collaborative efforts among various stakeholders, including industry representatives, environmental groups, and labor organizations.
Illinois Paves Way for Carbon Capture and Sequestration with SAFE CCS Act By Gabriel J. Salinas, Philip K. Lau, Ryan J. Silverman, & Juan Pablo Tablada Flores Energy, Utilities, Telecommunications, and Transportation, November 2024 Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects. The state's legislature has passed Senate Bill 1289, also known as the SAFE CCS Act, which was signed into law on July 18, 2024. This groundbreaking legislation was the result of collaborative efforts among various stakeholders, including industry representatives, environmental groups, and labor organizations.
Illinois Personnel Records Review Act: A New Era of Transparency and Access By Nicholas Correll Government Lawyers, November 2024 Changes to the Personnel Records Review Act take effect January 1, 2025. The Act applies to employers who have at least five employees or more and allows employees to review their personnel records. Changes to the Act will allow an employee the right to not only inspect their personnel records, but they may also make and receive copies of various documents. 
The Illinois Petroleum Resources Board: 2023 Oil Production By Craig R. Hedin Mineral Law, March 2024 The Illinois Petroleum Resources Board monitors oil production in the state of Illinois.  The IPRB has recently issued a report for the 2023 production on a monthly and daily basis and the barrels produced by each county. The following sets forth the data with respect to production.
Illinois Supreme Court Addresses Liability Based on Environmental Statutes and Regulations By Craig R. Hedin Mineral Law, June 2024 The Illinois Supreme Court recently issued an opinion on whether there can be liability based upon a violation of the Illinois environmental statutes and regulations governing underground storage tanks in Laura E. Rice, et al. v. Marathon Petroleum Corp., et al.
Illinois Supreme Court Decision in People v. Wells: ‘A Deal’s a Deal’ By Hon. John J. O’Gara Bench and Bar, June 2024 In People v. Wells, the Illinois Supreme Court issued guidance on how to ensure proper sentence credit for the accused.
Illinois Supreme Court Reminds Litigants to Seek Relief Before Complaining of Error By Hannah R. Lamore Civil Practice and Procedure, April 2024 In its latest response to untimely electronic filings, the Illinois Supreme Court reminds litigants to seek relief before complaining of error
Illinois Supreme Court Reviews How Cook County’s Motor Fuel Tax Applies to So-Called “Book-Out Transactions” in Marathon v. Cook County By Jake Leahy State and Local Taxation, December 2024 In Marathon v. Cook County, the central issue was whether Marathon successfully rebutted the presumption that these book-out transactions were taxable sales transferring ownership between distributors in Cook County, thus triggering the retail tax.
Illinois Supreme Court Rule 219 and Exclusion of Witnesses By Mark Benfield & Kathryn Johnson-Monfort Tort Law, June 2024 An overview of Illinois Supreme Court Rule 219(c), which allows the court to impose sanctions for failure to comply with court rules — including barring a witness from testifying.
Illinois Trust Code Amendments Adding New Obligations for Trustees By Neil T. Goltermann Trusts and Estates, December 2024 The purpose of this article is to identify and discuss the amendments to Sections 809 and 810 of the Illinois Trust Code pursuant Public Act 103-0977, which is effective January 1, 2025, and the issues attorneys involved in drafting trusts, as well as the administration of trusts, may want to take into consideration. 
Implementation of the Pretrial Fairness Act in Southern Illinois: Observations from the Ground Level By Tom Beley Criminal Justice, September 2024 A qualitative analysis of the Pretrial Fairness Act's implementation.
The Importance of Estate Planning: Issues Facing Minor Beneficiaries By Angel Wawrzynek Trusts and Estates, July 2024 As a result of the maxim that minors cannot legally represent their own interests in court, lawsuits are often filed by the parent or next of kin. In the trust and estate context, this is generally insufficient.
In Memoriam: Section Council Member Bill Price Business and Securities Law, February 2024 A tribute to longtime Business & Securities Law Section Council member, William Price.
In re Hirschfeld—Presumptions of Gift or Undue Influence, Fraud for POA Spouse By Chad J. Richter Trusts and Estates, November 2024 On August 1, 2023, the Illinois Appellate Court of the Fifth District clarified a nuance to the burden-shifting presumptions applied to spouses and fiduciaries. The Hirschfeld case concerned a citation to recover assets proceeding brought by the decedent’s children of a former marriage against the surviving spouse, who was also the attorney-in-fact of the decedent.