The advent of smartphones containing audio and video capabilities gives virtually everyone the means to preserve evidence. More often than not, audio and video information will be the most persuasive evidence the jury will see or hear. In his November 2019 Illinois Bar Journal article, “What Every Trial Lawyer Needs to Know About Audio Recordings,” William Hanson reminds us that in Illinois, a person commits eavesdropping when he or she knowingly, intentionally, and without consent uses an eavesdropping device in a surreptitious manner for the purpose of overhearing, transmitting, or recording all or any part of any private conversation. Hanson goes on to unpack the differences between legality, authenticity, and consent as these concepts pertain to audio recordings.

You have represented ABC Company for many years and seen it grow from a mom-and-pop operation to having more than $200 million in annual revenues and more than 300 employees. You are of that increasingly rare breed—a corporate generalist—and have represented ABC on its day-to-day contractual matters and during occasional acquisitions. But now, the first-generation owners have told you that they wish to sell the business. Of course, they want you to represent them in this once-in-a-lifetime transaction. The investment banker they have engaged to conduct the sale process has recommended that the buyer be required to obtain a representations and warranties (rep & warranty) insurance policy as part of the transaction. While you have heard about rep & warranty insurance, you have never come across it on a transaction before. Dykema attorneys Stephen Sayre and Brendan Cahill, in their November 2019 Illinois Bar Journal article, “Coming to a Deal Near You,” walk you through the steps of a deal requiring rep & warranty insurance.  

The Nominating Committee of the Circuit Court of Cook County today announced its selection of the 30 candidates who will seek appointment to 15 associate judge vacancies by a vote of the circuit judges. All of the candidates received across-the-board positive ratings from the bar associations.

The nominating committee employed a comprehensive approach in the nomination process that considered multiple aspects such as a variety of legal experience in the public and private sectors, and diversity of race, ethnicity and gender.

At times, clients must be distinguished from nonclients for purposes of determining who is a client during attorney-client communications involving a corporate client, says Jeffrey Parness in his November 2019 Illinois Bar Journal article, “Confidentiality and Client Communications in Illinois.” In this setting—in Illinois, though often not elsewhere, Parness shows,—the so-called “control group” test serves to limit who speaks as an agent for the corporate client. As well, the law of masters and servants is usually not employed to determine issues of client agency in the attorney-client communication setting. One takeaway: An Illinois appellate ruling has placed the burden of proof on agency on the party asserting the privilege.