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Practice News

ISBA Launches New Food Law Section

Posted on July 25, 2019 by Rhys Saunders

The ISBA has created a new section council to address food law, an increasingly specialized practice area that shows signs of surging.

The practice of food law includes legal issues affecting agriculture and farmers, health and the environment, sustainability, intellectual property and licensing, the regulation of food trends and innovation, and laws and regulations protecting consumers, says Molly Wiltshire, a Chicago-based attorney who was instrumental in drafting a proposal to create the new section.

Spotlight on Pro Bono: Collaborative Law Institute of Illinois (CLII) Brings Collaborative Process to Modest Means Illinoisans

Posted on July 25, 2019 by Rhys Saunders

By Sandra Crawford, JD

In 2018, Illinois formally recognized the collaborative law model of dispute resolution with the enactment of legislation and the adoption of Supreme Court Rule – 750 ILSC 5/90 and Rule 294, respectively. The history of this model of limited scope representation or unbundled legal services starts back in 1990 in Minnesota. 

In 1990, a Minnesota litigator, Stu Webb, the “godfather” of the collaborative model, wrote in his journal, “what if I just announce on January 1, 1990, I will no longer take any cases to court?

Ending on a High Note

Posted on July 22, 2019 by Rhys Saunders

Ashley Brandt, a partner with Goldstein & McClintock LLLP and a member of the Illinois Bar Journal Editorial Board, provides an overview of the Cannabis Regulation and Tax Act (HB 1438-SFA 2), which made Illinois the 11th state to legalize recreational cannabis and the first to do so without a public referendum. The Act provides for the state’s oversight and control of cannabis production, sale, regulation, testing, decriminalization, and taxation. It also includes social equity and criminal justice reforms.

Illinois Supreme Court Amends Rule 280.2

Posted on July 22, 2019 by Rhys Saunders

The Illinois Supreme Court on July 19 entered an order amending Rule 280.2, which updates the requirements for complaints in credit card or debt buyer collection actions.

The amendment is effective immediately. Additionally, the court amended the accompanying affidavit form for actions under the Rule.

IBF, ILAO & PILI Announce Changes to Illinois Free Legal Answers

Posted on July 16, 2019 by Rhys Saunders

The Illinois Bar Foundation (IBF), Illinois Legal Aid Online (ILAO) and Public Interest Law Initiative (PILI) have announced their combined efforts to further the impact of Free Legal Answers in Illinois. After establishing this project in Illinois in 2017 and building a solid foundation for its future, ILAO will transition the state administrator role for the site to PILI as of Aug. 1, 2019.

At that time, PILI will take over the day-to-day operations of the site including volunteer recruitment, management and training with the help of funding from the IBF. ILAO will continue to contribute support through by providing client referrals and being a resource for pro bono volunteers answering questions through the site. 

Illinois Supreme Court Appoints Sutton as Circuit Judge in Ninth Circuit

Posted on July 15, 2019 by Rhys Saunders

Emily S. Sutton has been appointed as an at-large circuit judge in the Ninth Judicial Circuit.

The appointment is effective Aug. 12 and will conclude Dec. 6, 2020, when the position will be filled by the November 2020 general election.

Sutton has worked in private practice since 2008, first as an associate with Scholz, Loos, Palmer, Siebers & Duesterhaus, LLP, and most recently as a partner at Lucie, Scalf, Sutton & Bougher, Attorneys at Law, P.C. From 2012 to 2015, she was also a contract author for Thomson Reuters Corporation, and served as co-author of the Illinois Civil Trial Handbook. Sutton was a law clerk to Fourth District Appellate Justice Robert W. Cook from 2004-2008 and has also served on the adjunct faculty at Quincy University.

Can You Record Me Now? The Illinois Eavesdropping Act and Its Effect on Attorneys, Employers, and Individuals

Posted on July 15, 2019 by Rhys Saunders

Illinois attorneys, employers, and individuals routinely face issues involving the legality of recording conversations. Whether it’s an Uber driver recording passengers, a player recording a coach, or a bystander recording a police officer, problems involving recorded conversations regularly appear in the news. In his July Illinois Bar Journal article, “Can You Record Me Now? The Illinois Eavesdropping Act and Its Effect on Attorneys, Employers, and Individuals,” Daniel Katzman traces the history of the Illinois Eavesdropping Act—amongst the strictest in the country—and its criminal, civil, and ethical implications.  

Responding to Affirmative Defense

Posted on July 8, 2019 by Rhys Saunders

In his July 2019 Illinois Bar Journal article, “Responding to Affirmative Defense,” Jake Crabbs, a law clerk for Justice Mathias W. Delort in the Illinois Appellate Court (First District), lays out a plan for responding to affirmative defenses in the early stages of litigation. To set the stage, he asks you to “[i]magine you have filed a civil complaint for breach of a simple personal-loan contract. Predictably, the defendant responds with a section 2-619.1 combined motion to dismiss and throws everything into it. After a tedious round of briefing and even oral arguments, the judge denies the motion entirely and orders the defendant to answer the complaint. Finally, you assume, this simple, little case can get moving. But you are wrong. When the defendant files her answer, she also raises 11 affirmative defenses. Eleven! Some of the defenses are merely one-sentence denials of your well-pleaded allegations and several were already raised in her motion to dismiss. Does opposing counsel even know what affirmative defenses are? Regardless, you are now in for another round of time-consuming motion practice.”

American Bar Endowment Opens 2020 Opportunity Grants Cycle

Posted on July 2, 2019 by Rhys Saunders

The American Bar Endowment (ABE) announced today that it is now accepting applications for its 2020 Opportunity Grant Program cycle. 

ABE Opportunity Grants will be awarded to "boots-on-the-ground" initiatives and innovative projects that:

  • Enhance access to justice through innovative legal services delivery;
  • Promote the rule of law and improve the justice system; and
  • Increase the public’s understanding of the law and the legal system and increase civic engagement.