Articles From 2024

Member Spotlight: Robert G. Lohman, III Animal Law, November 2024 A spotlight on a member of the Animal Law Section Council. 
Mental Health – The Key to the Kingdom By Robert E. Wells, Jr. Mental Health Law, May 2024 Mental health plays a large role in our everyday lives and, although often underfunded, various federal and state programs are intended promote increased awareness of and access to mental health services.
Message From the Chair By Colleen L. Sahlas Trusts and Estates, July 2024 A note from the chair.
Mineral Tenancy in Common Litigation By Craig R. Hedin Mineral Law, March 2024 The appellate court recently held that 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 to seek damages to redress the injuries to their respective interests.
Much Ado About “Small” Things; SCOTUS Justices Unanimously Disagree Among Themselves on Trademark “History” By Phillip R. Van Ness Intellectual Property, September 2024 An analysis of the recent U.S. Supreme Court case, Vidal v. Elster.
Municipal Case Summaries By James Ferolo, Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Herman Local Government Law, October 2024 Municipal case summaries of interest to local government law practitioners.
Municipal Case Summaries By James Ferolo, Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Herman Local Government Law, August 2024 Brief summaries of recent cases of interest to local government law practitioners.
Municipal Case Summaries By James Ferolo, Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Herman Local Government Law, April 2024 Summaries of recent cases of interest to local government practitioners.
Municipal Pension Fund Attorney Entitled to a Pension By Nemura Pencyla Employee Benefits, May 2024 The appellate court recently reversed the Retirement Board of the Municipal Employees' Annuity and Benefit Fund of Chicago's decision to deny an application for a widow's annuity in Heiss v. Retirement Board of the Municipal Employees' Annuity & Benefit Fund.
The NAR Settlement: Will Buyers Really Be Forced to Pay Their Agent? By Philip J. Vacco Real Estate Law, June 2024 The recent settlement reached with the National Association of Realtors over alleged antitrust practices has some individuals heralding the end of high sales commissions, but a closer examination reveals that the death of the seller-based commission model may be a bit exaggerated.
Navigating a New (and Confusing) Law for Access to Mental Health Records By Matthew R. Davison Mental Health Law, April 2024 Of all the new laws that went into effect on January 1, 2024, the one to cause confusion and concern regarding access to records of mental health recipients is the amended Mental Health and Developmental Disabilities Confidentiality Act.
Navigating Family Law: Why Anger Management Isn’t Enough in Domestic Violence Cases By Agnes Zielinski Olechno Family Law, November 2024 In Illinois family and domestic violence courts, courts may face the task of determining the appropriate intervention for individuals displaying harmful behavior, particularly in high-conflict parenting or divorce cases. Pursuant to Section 607.6 of the Illinois Marriage and Dissolution of Marriage Act, the court may order individual counseling for the child, family counseling for one or more of the parties and the child, or parental education for one or more of the parties. 
Navigating Parenting Time Restrictions Under the Illinois Marriage and Dissolution of Marriage Act By Agnes Zielinski Olechno Family Law, January 2024 Parenting time restrictions under the Illinois Marriage and Dissolution of Marriage Act serve as a crucial mechanism to ensure a child's safety and well-being in contentious family law cases.
Navigating the Future of Commercial Litigation: Top Five Trends to Watch in 2025 By Hon. Michael J. Chmiel Bench and Bar, December 2024 As we approach 2025, the landscape of commercial litigation continues to evolve, influenced by technological advancements, shifting regulatory frameworks, and changing business practices. For attorneys practicing in the commercial banking, collections, and bankruptcy sectors, staying abreast of these trends is crucial for effective representation and strategic planning. This article explores five of the hottest topics in commercial litigation that are likely to shape the field in the coming years.
Navigating the Future of Commercial Litigation: Top Five Trends to Watch in 2025 By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, December 2024 As we approach 2025, the landscape of commercial litigation continues to evolve, influenced by technological advancements, shifting regulatory frameworks, and changing business practices. For attorneys practicing in the commercial banking, collections, and bankruptcy sectors, staying abreast of these trends is crucial for effective representation and strategic planning. This article explores five of the hottest topics in commercial litigation that are likely to shape the field in the coming years.
Navigating the Sale of a Marital Residence During the Pendency of a Case By Rebecca Berlin-Melzer Family Law, February 2024 Understanding the various legal options for handling marital property in divorce under the Illinois Marriage and Dissolution of Marriage Act will help lawyers give clients quality, comprehensive advice.
The Negotiation Process a Government Entity Must Follow in Seeking to Acquire Private Property for Use in a Construction Project for the Benefit of the Public By Sharon Eiseman Real Estate Law, January 2024 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.
Networking Tips and Tricks By Judith Conway Young Lawyers Division, March 2024 A mentor's tips to get the most out of networking events.
Never Say ‘Hold, Please’: Choosing the Right Live Remote Receptionist for Your Law Firm By Jennifer M. Danish Legal Technology, Standing Committee on, August 2024 A live remote receptionist service may be your virtual lifeline, ensuring every call is answered promptly and professionally.
Never Say ‘Hold, Please’: Choosing the Right Live Remote Receptionist for Your Law Firm By Jennifer M. Danish Legal Technology, Standing Committee on, April 2024 A live remote receptionist service may be your virtual lifeline, ensuring every call is answered promptly and professionally.
Never Say ‘Hold, Please’: Choosing the Right Live Remote Receptionist for Your Law Firm By Jennifer M. Danish Law Office Management and Economics, Standing Committee on, January 2024 A live remote receptionist service may be your virtual lifeline, ensuring every call is answered promptly and professionally.
New Carbon Capture and Sequestration Act & CCS Project Update By Laura Harmon Mineral Law, December 2024 On July 18, 2024, Governor Pritzker signed SB1289 creating the Safety and Aid for the Environment in Carbon Capture and Sequestration, which addresses environmental and safety regulations, prohibition of the injection of CO2 for enhanced oil recovery, ownership of pore space, integration and unitization of pore space for CO2 sequestration before the IDNR. 
New Changes to the Illinois Radon Gas Awareness Act By Nicky Sonntag Environmental and Natural Resources Law, February 2024 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 Department of Justice Local Government Website Rules By Phillip Lenzini Government Lawyers, November 2024 On April 24, 2024, the Department of Justice published its final rule updating the regulations under Title II of The Americans with Disabilities Act. This is the critical date for determining the compliance date. The rule has specific requirements to ensure that web content and mobile apps of units of government are accessible to people with disabilities.
New Federal Reporting Requirement for Your Law Firm This Year By Annette Fernholz Alternative Dispute Resolution, November 2024 A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.
New Federal Reporting Requirement for Your Law Firm This Year By Annette Fernholz Family Law, August 2024 A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.
The New Harmony (Harmony Way) Bridge Restoration Project Saving the Historic Bridge By Ellen Schanzle-Haskins Energy, Utilities, Telecommunications, and Transportation, May 2024 In 2019, Illinois and Indiana both passed legislation creating the State of Illinois New Harmony River Bridge Authority and the Indiana New Harmony and Wabash River Bridge Authority to restore the Harmony Way Bridge, which had closed in 2012 due to a lack of funding.
New Law Ends Failure to Appear Driver’s License Suspensions By Larry A. Davis Traffic Laws and Courts, November 2024 Traffic practitioners should be aware of a significant change to 625 ILCS 5/6-308 (P.A. 103-0789) which addresses defendants who fail to appear on petty offenses (excluding those defined as business offenses (730 ILCS 5/5-1-2); overweight violations (265 ILCS 5/15-111); and registration fee violations (625 ILCS 5/3-401)).
New Law Ensures That Children Can Only Be Prosecuted With Violations of Illinois Law for Actions Committed in Illinois By Scott F. Main Child Law, January 2024 The Illinois Supreme Court concluded in In re Kelan W. that the plain language of the Juvenile Court Act permitted charging a kid with violating any state or federal law and that it did not matter where the act occurred.
New Law Supports Recovery for Youth Trafficking Survivors By Tayler Matthews Human and Civil Rights, May 2024 A new law, Public Act 103-0191, follows federal sentencing reform efforts to amend the unfair sentencing practices that impact criminalized youth trafficking survivors.