Articles From 2021

Continuing Controversy Over FCC’s Efforts to Improve Broadband Connectivity By Guy Hall & Christopher Gorman Energy, Utilities, Telecommunications, and Transportation, June 2021 Despite criticism, the Federal Communications Commission moved forward with its Rural Digital Opportunity Fund programs.
A Contractual Obligation to Pay Workers’ Compensation Benefits Allows a General Contractor to Exercise the Exclusive Remedy Provision By Timothy O’Gorman Workers’ Compensation Law, March 2021 In Munoz v. Bulley & Andrews, the appellate court clarified when a general contractor may exercise the exclusive remedy provision even when the employee of a subcontractor is injured.
Cook County Enacts New Residential Landlord-Tenant Ordinance By Taylor H. Wachal Commercial Banking, Collections, and Bankruptcy, May 2021 A summary of the new landlord-tenant ordinance in Cook County that takes effect on June 1, 2021.
Cook County Landlord Tenant Law: A Compass to Guide You By Laura L. Lundsgaard Elder Law, July 2021 As of June 1, a new ordinance redefines landlord-tenant law and residential purchase and sale transactions in Cook County.
Cook County Landlord Tenant Law: A Compass to Guide You By Laura L. Lundsgaard Real Estate Law, June 2021 As of June 1, a new ordinance redefines landlord-tenant law and residential purchase and sale transactions in Cook County.
Cook County Recorder of Deeds Office Is Obsolete, Now ‘The Recording Division’ of the Cook County Clerk’s Office By Colleen L. Sahlas Trusts and Estates, January 2021 Effective December 7, 2020, the Cook County Clerk’s Office assumed all operations and duties of the Cook County Recorder of Deeds Office.
Copyright Trolls in the Construction Business By Margo Lynn Hablutzel Commercial Banking, Collections, and Bankruptcy, June 2021 There are two main lessons to take from this article. First, copyright trolls will thrive as long as their targets are unfamiliar with decisions such as Lexington Homes and Signature Construction, and decide it is easier to pay a fee to avoid litigation. Second, in an industry where design elements are limited and certain combinations are expected, copyright infringement requires direct and unquestionable copying for liability. Merely echoing certain elements is insufficient to sustain a claim.
Copyright Trolls in the Construction Business By Margo Lynn Hablutzel Intellectual Property, May 2021 There are two main lessons to take from this article. First, copyright trolls will thrive as long as their targets are unfamiliar with decisions such as Lexington Homes and Signature Construction, and decide it is easier to pay a fee to avoid litigation. Second, in an industry where design elements are limited and certain combinations are expected, copyright infringement requires direct and unquestionable copying for liability. Merely echoing certain elements is insufficient to sustain a claim.
Copyright Trolls in the Construction Industry—But Is It Good Law and Bad Facts? By David C. Brezina Intellectual Property, September 2021 In Design Basics LLC v. Signature Construction Inc., Judge Sykes described a problem of copyright trolls. In the copyright context, this was said to be a cottage industry of registering  many architectural graphics and then suing for copyright infringement, hoping to collect, at a minimum, statutory damages, and potentially an infringer’s profits. But this label made no difference to the result in the case. Not all copyrighted works have the same enforcement potential. Some works may contain highly original content, while others might only have bare minimum originality— “thin” copyrights.
Copyright Trolls in the Construction Industry—But Is It Good Law and Bad Facts? By David C. Brezina Construction Law, May 2021 A summary and analysis of Design Basics LLC v. Signature Construction Inc.
Cornucopia of Legislative Developments for EUTT Industries By Christine Zeman Energy, Utilities, Telecommunications, and Transportation, December 2021 Summaries of recent legislation of interest to the Energy, Utilities, Telecommunications and Transportation Law Section.
The Corporate Transparency Act (Title LXIV of the NDAA, H.R. 6395) By William A. Price Business and Securities Law, March 2021 Congress included the Corporate Transparency Act in the National Defense Authorization Act. The legislation requires filing information on beneficial owners of new U.S. entities and foreign entities which apply for permission to do business in the U.S. 
COVID Considerations: Long COVID Now a Disability By Barbara E. Hoey & Sebastian Clarkin Labor and Employment Law, September 2021 On July 26, 2021, the U.S. Department of Health and Human Services Office for Civil Rights and the U.S. Department of Justice Civil Rights Division jointly published guidance on whether long COVID may qualify as a disability subject to the nondiscrimination requirements of the Americans with Disabilities Act, the Rehabilitation Act, and the Affordable Care Act.
COVID Litigation: Predictions vs. Experience By Marcie Lape, Chuck Smith, & Amy Van Gelder Corporate Law Departments, April 2021 A look at the impact of COVID-19 on litigation one year in and tentative predictions for the near future.
COVID-19 and Mental Health By Dr. Alexandra Tsang Bench and Bar, May 2021 Strategies to manage your well-being during COVID-19.
COVID-19 and Mental Health By Dr. Alexandra Tsang Women and the Law, March 2021 Strategies to manage your well-being during COVID-19.
COVID-19 and Mental Health By Dr. Alexandra Tsang Mental Health Law, February 2021 Strategies to manage your well-being during COVID-19.
COVID-19 and the Practice of Law By Stephen B. Cohen Alternative Dispute Resolution, April 2021 A look at how the COVID-19 pandemic has changed the practice of law.
COVID-19 Impact on Office Building Assessments By Thomas Battista State and Local Taxation, September 2021 A look at the impact of COVID-19 on office building vacancy in Chicago and the surrounding suburbs.
Crawford v. Hayen: The Infamous Count VI By Michael J. Rooney Real Estate Law, September 2021 The first district appellate court published an opinion last November, Crawford v. Hayen, where the narrow and precise holding may be correct, but the opinion itself is highly suspect.
Creating and Construing a Trust and the Problem of the Unsigned Amendment Under the Illinois Trust Code By Chuck Newland Trusts and Estates, December 2021 Practitioners should make sure that their trust documents expressly allow for the documents to be amended and revoked and set forth a clear method of amending. They should also impress upon their clients that it is important to substantially comply with the method if they want the amendment to be enforceable.
Creditor Claims Against ‘Real Estate’: Comparing the Effectiveness of a Land Trust to an Express Trust When Seeking to Protect Real Estate From Creditor Claims By Nicole Soltanzadeh Commercial Banking, Collections, and Bankruptcy, March 2021 The recent enactment of the Illinois Trust Code has caused some practitioners to wonder whether our clients may be better served, for asset protection purposes, by holding title to real estate in a land trust, rather than an express trust.
Creditor Claims Against ‘Real Estate’: Comparing the Effectiveness of a Land Trust to an Express Trust When Seeking to Protect Real Estate From Creditor Claims By Nicole Soltanzadeh Trusts and Estates, February 2021 The recent enactment of the Illinois Trust Code has caused some practitioners to wonder whether our clients may be better served, for asset protection purposes, by holding title to real estate in a land trust, rather than an express trust.
Criminal Convictions No Longer an Automatic Disqualifier for Employment By Carl R. Draper Labor and Employment Law, September 2021 Public Act 101-656 made two significant changes to the Illinois Human Rights Act, including limiting the ability of employers to rely on conviction records in making employment decisions.
Criminal Justice Reform Omnibus Act (House Act 3653): Statewide Use of Force Standardization Act (The Safe-T Act, Public Act 101-0652) By Jim Ferolo & George Wagner Local Government Law, March 2021 An overview of some of the more significant provisions of the Statewide Use of Force Standardization Act affecting law enforcement activities and citizens’ rights.
Criminal Records Relief By Brittany Shaw Law Related Education for the Public, December 2021 An overview of the options available to individuals in Illinois seeking relief from the burden of a criminal record.
The CROWN Act By Janelle A. Dixon Diversity Leadership Council, November 2021 California became the first state to ban natural hair discrimination through the CROWN Act and, since being signd into law in 2019, 14 states, including Illinois, have passed similar laws.
Cybersecurity Best Practices By Adam Ford & Jenifer L. Johnson Government Lawyers, August 2021 With the rash of recent cybersecurity attacks nationwide, cyber hygiene has never been more important for government lawyers.
DCFS Odds and Ends By Jared A. Giuffre Child Law, March 2021 A brief summary of how to handle cases under the Juvenile Court Act and administrative cases with the Department of Children and Family Services.
Decennial Liability in Egypt: A Brief Summary By Howard L. Stovall International and Immigration Law, March 2021 Under the Egyptian Civil Code, architects and contractors generally face strict liability for the collapse of a building they erected, for a period of 10 years from the date of delivery.