The question facing Illinois courts interpreting the state’s Biometric Information Privacy Act (BIPA) has been how best to interpret the meaning of “aggrieved.” Was an individual aggrieved if the defendant violated the statute or did the individual need to have sustained “some actual injury or harm, apart from the statutory violation itself, in order to sue under the Act”? Illinois appellate courts had reached conflicting decisions on this question, but on Jan. 25, 2019, the Illinois Supreme Court resolved this split and held, in Rosenbach v. Six Flags Entertainment Corp., that a person is aggrieved in the legal sense “when a legal right is invaded by the act complained of ….” In his January 2019 Illinois Bar Journal article, “Still a Wild Ride,” Charles N. Insler, a partner in the St. Louis office of HeplerBroom LLC, where he concentrates on complex commercial litigation matters, follows BIPA litigation developments after Rosenbach.
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January 21, 2020 | Practice News
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January 21, 2020 |
Events | ISBA News
Volunteers are needed for the 2020 ISBA High School Mock Trial Invitational, which will be held March 14-15 at the University of Illinois College of Law in Champaign-Urbana. This program provides an opportunity for students to learn what it is like to prepare and present a legal case before the Illinois courts. Participating students gain a better understanding of the justice system and improve their knowledge, skills, and ability to articulate in a reasoned, thoughtful manner.
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January 17, 2020 | CLE
Join us from 8:55 a.m. until 4:30 p.m. Friday, Feb. 7 in Chicago for the 2020 Federal Tax Conference. Increase your understanding of federal taxation in this full-day seminar, including how the Tax Cuts and Jobs Act was implemented in 2019, how the treasury has interpreted the Act, and what guidance is still needed. Attorneys with intermediate practice experience who attend this seminar will better understand: the regulatory updates for individuals that you need to be aware of; the recent changes to estate and gift tax law; the significant legal developments in 2019 affecting corporate and partnership taxes; the various ethical issues facing Illinois tax attorneys; the unique tax considerations for cryptocurrencies; and the options your clients have when they are unable to pay their tax liabilities. -
January 17, 2020 | Practice News
The Illinois Supreme Court announced the filing of lawyer disciplinary orders on Jan. 17, 2020. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law. -
January 16, 2020 |
ISBA News
The ISBA Mutual Insurance Company has partnered with the Illinois Bar Foundation to create the ISBA Mutual Giving Circle. This program allows ISBA Mutual policyholders to donate all or part of their dividend to support the mission of the IBF. For more information on joining the ISBA Mutual Giving Circle, contact the Illinois Bar Foundation at (312) 726-6072 or visit the IBF online. A complete list of our 2019 donors is available online.
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January 13, 2020 |
Practice News
Dr. Hanif Nu’Man with Resci Consulting, LLC, discusses the causes of lawyer burnout, and how attorneys and firms can avoid this issue.
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January 13, 2020 | Member Services
Being an attorney is more difficult than ever. Clients are more demanding. Advancements in technology require your immediate attention and feedback. It may be difficult to effectively manage your workday without something slipping through the cracks, making practice management software an essential component of an effective law firm. -
January 13, 2020 |
ISBA News
Every year, the Illinois State Bar Association presents awards to recognize individuals for their commitment and service to the profession, their communities, and the association. Award recipients are selected through a nomination process, and members are encouraged to nominate persons who meet the criteria for each award. Please submit the online nomination form, available following the links below, for the following awards no later than March 6.
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January 13, 2020 | CLE
Don’t miss the 26th Annual Agricultural Law Seminar, held from 8:30 a.m. until 4:45 p.m. on Friday, Feb. 7 in Bloomington, which offers the updates you need on a number of important agricultural law issues, including Illinois and federal estate and income tax law. Attorneys with intermediate practice experience who attend this seminar will better understand: how the past years’ federal estate tax cases have impacted the agricultural community; how the 2019 federal and state income tax changes are affecting agricultural producers; the new farm bill and marijuana laws; how to negotiate and draft farm leases; the issues facing farmers on transferring farm ownership; the new Uniform Partition of Heirs Property Act; Chapter 12 bankruptcy and farm workouts; and more. The program closes with a comprehensive look at mental health and suicide in the legal profession, including its causes, solutions, and how to help. -
January 13, 2020 | Practice News
Gino DiVito, author of the ISBA’s “The Illinois Rules of Evidence: A Color-Coded Guide,” was recently surprised when he uncovered more than three dozen differences between the Illinois and Federal Rules of Evidence. Some differences are major, some are minor. ”But all differences matter,” DiVito says. “Anyone serious about evidence—including all judges and most attorneys—must know the differences.” Fortunately, in the January 2020 issue of the Illinois Bar Journal, DiVito provides a succinct guide of all the differences between the IRE and FRE in his article, “The Surprising Number of Differences Between the Federal and Illinois Rules of Evidence.” DiVito writes, “I’m not aware of any freestanding guide on the differences between the Federal Rules of Evidence and the Illinois Rules of Evidence. Until now.”