Section Newsletters

Articles From 2024

Elder Law Case Summaries: October 1, 2023 – December 31, 2023 Elder Law, February 2024 Summaries of decisions issued in cases of interest to the elder law practitioner between October 1 and December 31, 2023.
Electronic Notarization Is Here By Tiffany Thompson Real Estate Law, March 2024 Electronic notarization is now legal in Illinois so long as the notarization is performed by a properly commissioned Illinois electronic notary public.
Eleventh Circuit Rejects Challenge to Arbitral Award Based on Arbitrators’ Failure to Disclose Potential Conflicts By Jay Schleppenbach Alternative Dispute Resolution, February 2024 When can an arbitrator’s failure to disclose potential conflicts jeopardize the enforceability of the arbitral award? The eleventh circuit’s recent decision in Grupo Unidos Por el Canal, S.A. v. Autoridad del Canal de Panama provided some interesting guidance.
Emerging Tools for Combating Deep Fakes By Beverly A. Berneman Intellectual Property, June 2024 As the technology evolves, so does the law. The law may lag behind the technology, but anyone using, publishing, or distributing generative artificial intelligence of a celebrity should be cautious.
Emeritus Council of the Illinois Judges Association By Justice Lloyd A. Karmeier, (ret.) Senior Lawyers, February 2024 The Emeritus Council of the Illinois Judges Association is a new program designed to help judges who believe they have been subjected to unfair criticism or media coverage.
Empirical Analysis of Decisions by the Illinois Independent Tax Tribunal By Brian Fliflet State and Local Taxation, March 2024 An overview of the Illinois Independent Tax Tribunal and the 26 final decisions it has issued.
Employing Individuals With Disabilities: Viewpoints Based on the Experiences of Two Disabled Attorneys By Brandy Johnson & Patti Chang Law Office Management and Economics, Standing Committee on, January 2024 Two ISBA members with disabilities reflect on their experiences in the workplace.
Employment Law: Important Changes for Employee Handbooks By Alan M. Kaplan Business Advice and Financial Planning, March 2024 Lawyers representing businesses need to know the latest laws regarding the wording of policies in employee handbooks and policy directives issued by their clients.
Ending Agricultural Trade Suppression Act Food Law, February 2024 Updates on the Ending Agricultural Trade Suppression Act.
EPA Officially Lists Key PFAS as ‘Hazardous Substances’ Under Superfund By Matthew A. Walker Environmental and Natural Resources Law, May 2024 On April 19, 2024, EPA issued its long-awaited final rule officially listing two key per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act.
The Ethical and Practical Realities of Maintaining Authorized Contacts for Clients By Matthew Benson Elder Law, January 2024 There are practical benefits to attorneys and law firms to ineract with a client's designated authorized contact.
Ethical Practices in the Email Age Washington State Judge Bans AI Enhanced Video Evidence By David W. Inlander & Ronald D. Menna, Jr. Civil Practice and Procedure, June 2024 In March, a Washington trial judge entered an order barring a criminal defendant’s use of artificial intelligence enhanced video.
Ethics for Business Lawyers CLE Coming in May By Jay Schleppenbach Business and Securities Law, February 2024 Highlights to expect from the Business & Securities Law Section Council's upcoming CLE program on ethics for business lawyers.
European Congress Showcases Innovative Mental Health Treatments Mental Health Law, March 2024 A summary two mental health treatments that captured the attention of medical reporters following the 2023 European College of Neuropsychopharmacology Congress.
‘Every One of Us Can Make a Difference!’ By Hon. Michael S. Jordan Human and Civil Rights, February 2024 Individually and jointly, the many agencies play a major role in the lives and welfare of all.
Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 2—Prohibited vs. Permissible Compensation Arrangements By Mims Maynard Zabriskie, Gina L. Lauriero, Timothy J. Durbin, & Emily Jordan Employee Benefits, June 2024 An analysis of the implications and fallout from the final rule recently adopted by the Federal Trade Commission banning the enforcement of almost all noncompete agreements with workers.
Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 2—Prohibited vs. Permissible Compensation Arrangements By Mims Maynard Zabriskie, Gina L. Lauriero, Timothy J. Durbin, & Emily Jordan Business Advice and Financial Planning, May 2024 An analysis of the implications and fallout from the final rule recently adopted by the Federal Trade Commission banning the enforcement of almost all noncompete agreements with workers.
Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 2—Prohibited vs. Permissible Compensation Arrangements By Mims Maynard Zabriskie, Gina L. Lauriero, Timothy J. Durbin, & Emily Jordan Corporate Law Departments, May 2024 An analysis of the implications and fallout from the final rule recently adopted by the Federal Trade Commission banning the enforcement of almost all noncompete agreements with workers.
Exploring Upward Deviation in Child Support: The Road Rarely Taken By Kathy E. Bojczuk Family Law, May 2024 Upward deviation in child support cases in Illinois offers a valuable mechanism for tailoring support payments to the specific needs of children and families.
Expunge in Illinois Means to Physically Destroy the Records –Springfield, We May Have a Problem By Ted Hammel Traffic Laws and Courts, May 2024 The statutory authority for expungement for misdemeanor driving under the influences cases is found in the Criminal Identification Act.
FAIR Is the Four-Letter ‘F-Word’ in Divorce By L. Steven Rakowski Family Law, April 2024 During a divorce, one way to ensure your client is happier with the outcome is to manage expectations and attitudes.
Family Law Legislation 2024 By Richard Zuckerman Family Law, June 2024 In 2024, the Family Law Section Council reviewed and tracked 64 bills, seven of which made it to the governor's desk for signature.
Family Law Meets Immigration Law By Kathy Jara Child Law, June 2024 In 1990 Congress created a new form of humanitarian relief for immigrant children, known as Special Immigrant Juvenile Status. Since its inception, the requirements have modified and expanded.
Farm Animal Housing in 2024: Laws, Proposals and Challenges Food Law, April 2024 Updates on the current landscape of food law issues since the U.S. Supreme Court found in favor of California in 2023, allowing Proposal 12 to go into effect as written.
Farmed Bluefin Tuna Brands Claim to Be Sustainable. Here’s What Really Happens. By Rachael Adams Food Law, May 2024 Despite the certifications, tuna farm operations are typically among the least sustainable types of aquaculture.
Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress? By William J. Anaya Corporate Law Departments, January 2024 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.
First District Appellate Court Gives Common Law Claims for Misallocated Sales Tax Filed in Circuit Court the Green Light to Proceed By Michael J. Smoron Local Government Law, May 2024 In The Village of Arlington Heights v. The City of Rolling Meadows, the appellate court reversed the trial court's decision, determining that the Illinois Department of Revenue did not have exclusive jurisdiction to determine a sales tax dispute.
The First-to-Breach Doctrine and Its Exception By Howard W. Feldman Construction Law, April 2024 In June 2023, the Illinois Supreme Court rendered a decision in PML Development, LLC v. The Village of Hawthorne Woods, which clarified the law when there are cross contractual defaults and continued performance.
Five Reasons Why You Should Support the Illinois Bar Foundation By Laura Castagna Law Office Management and Economics, Standing Committee on, July 2024 Becoming and Illinois Bar Foundation Champion will help to ensure sustainable long-term funding for access to justice and Lawyers Care programs throughout the state.  
Five Reasons Why You Should Support the Illinois Bar Foundation By Laura Castagna Women and the Law, May 2024 Becoming and Illinois Bar Foundation Champion will help to ensure sustainable long-term funding for access to justice and Lawyers Care programs throughout the state.