2024 Articles

AI and Law: An Opportunity to Improve Legal Practice By Damien Riehl March 2024 Recent exponential leaps in advanced large language models have presented both opportunities and challenges that have the capacity to reshape the legal landscape.

All the Latest Developments in Health Care Law By W. Eugene Basanta & Michael Lee January 2024 Summaries of recent Illinois health care law cases.

Become an Illinois Bar Foundation Champion By Jessica R. Durkin November 2024 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?

The DOL Issues Its Final Independent Contractor Rule By Ellen M. Hemminger & Peter Walrod March 2024 The Department of Labor sets new multi-factor test for determining whether worker is employee or independent contractor under Fair Labor Standards Act.

Due Process Requirements in Pensionable Salary Matters By Nemura Pencyla April 2024 In a recent unpublished Rule 23 order, the appellate court analyzed the due process required for pension decisions.

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 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.

Federal Trade Commission: Non-Compete Rule By Bernard G. Peter October 2024 On April 23, 2024, the U.S. Federal Trade Commission issued a Final Rule banning Non-Compete Clauses in employee agreements nationwide with an exception for “senior executives” who have a Non-Compete which is in place prior to the effective date of the Rule.

HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations With HIPAA By Jennifer S. Geetter, Daniel F. Gottlieb, Alya Sulaiman, Li Wang, Edward G. Zacharias, & Kyle E. Hafkey April 2024 On February 8, 2024, the U.S. Department of Health and Human Services Office for Civil Rights and Substance Abuse and Mental Health Services Administration jointly issued a final rule to amend the Confidentiality of Substance Use Disorder Patient Records regulations under 42 C.F.R. Part 2.

IRS Guidance on SECURE 2.0 Act Provision Allowing 401(k) and 403(b) Plan Participants to Elect to Receive Employer Matching and Nonelective Contributions on a Roth Basis By Bernard G. Peter March 2024 The Internal Revenue Service recently issued guidance on an amendment to the Internal Revenue Code.

Municipal Pension Fund Attorney Entitled to a Pension By Nemura Pencyla 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.

New Regs Implement SECURE Changes to Plan Distributions (Part 1) By Kathryn J. Kennedy November 2024 Dive into the new IRS regulations affecting retirement plan participants and beneficiaries with Kathryn J. Kennedy, former professor of law at the University of Illinois, for this first part of a two-part article series.

New Regs Implement SECURE Changes to Plan Distributions (Part 2) By Kathryn J. Kennedy November 2024 Dive into the new IRS regulations affecting retirement plan participants and beneficiaries with Kathryn J. Kennedy, former professor of law at the University of Illinois, for this second part of a two-part article series.

A Note From the Co-Editors By Bernard G. Peter & Aldridge Asa Mauer October 2024 A note from the co-editors.

Proceeding With Disability Hearing While Still Treating Is a Risky Proposition By Nemura Pencyla May 2024 A summary and analysis of a disability benefits case, Luciano v. The Retirement Board of the Policemen’s Annuity and Benefit Fund of The City of Chicago.

A Q&A and More Delay: IRS Begins to Issue Clarifying Guidance on SECURE 2.0 Provisions By Jeffrey M. Holdvogt, Lisa K. Loesel, & Teal N. Trujillo April 2024 In late December 2023, the Internal Revenue Service issued Notice 2024-2, providing guidance on key provisions of the SECURE 2.0 Act of 2022, which includes more than 90 provisions affecting U.S. retirement plans, many of which are specifically aimed at enhancing savings opportunities for workers.

Retirement: Some of Its Joys and Some of Its Concerns By Hon. Robert J. Anderson, (ret.), Albert Durkin, David M. House, Timothy J. Howard, & Gary T. Rafool July 2024 The ISBA's Senior Lawyers Section Council recently appointed a subcommittee to address some of the interests and concerns of retired attorneys.

SCOTUS Resolves Circuit Split Regarding Staying or Dismissing Lawsuits in the Face of Arbitration Agreements By John S. Delikanakis & Markie L. Betor July 2024 On May 16, 2024, the U.S. Supreme Court unanimously held that where a district court is presented with a motion to stay and/or dismiss on the basis of an arbitration agreement, the plain language of the Federal Arbitration Act compels the court to issue a stay.

Seventh Circuit Affirms Prior Decision Regarding Gender-Affirming Bathroom Use By Jessica Galanos January 2024 In August 2023, the seventh circuit issued its decision in A.C. by M.C. v. Metropolitan School District of Martinsville, affirming the decisions of two lower courts to preliminarily enjoin two Indiana school districts from enforcing their bathroom policies.

Taxable IRAs and Credit Shelter Trusts Under the SECURE Act By Curt W. Ferguson June 2024 Trusts can be designed to give the second and third beneficiary types broad control over their inheritance even while they benefit from the tax and catastrophe protections.

U.S. Treasury Department and Internal Revenue Service Give Employer Sponsors of 401(k) Plans Welcome Relief By Bernard G. Peter January 2024 In August 2023, the U.S. Treasury Department and the IRS issued Notice 2023-62.

Village Violates Litigation and Bargaining Exceptions to Open Meetings Act By Nemura Pencyla May 2024 The appellate court recently reiterated important issues and rules public bodies must follow when conducting public meetings in light of the Freedom of Information Act and the Open Meetings Act.