Practice News

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.

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 www.IllinoisLegalAid.org by providing client referrals and being a resource for pro bono volunteers answering questions through the site. 

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.  

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.”