Traditionally a safeguard exclusively available to journalists, shield laws in many jurisdictions have gradually broadened in scope and now protect material generated and relied upon by many professionals when conducting research for publication. But according to Daniel Schwartz in his April Illinois Bar Journal article, “Discovery Orders and the Peer-Review Privilege,” few cases in Illinois discuss the applicability of shield laws to medical research. Whether—and to what extent—medical research is discoverable therefore remains an unsettled issue, Schwartz argues. To bring coherency to Illinois law governing discovery requests for medical research, Schwartz examines discovery requests litigated under the Illinois Medical Studies Act and several state and federal discovery provisions. He also highlights the factual and doctrinal significance of the cases discussed and notes important considerations for legal practitioners seeking to issue or bar a request to produce medical research.
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April 12, 2021 | Practice News

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April 8, 2021 | CLE
Don’t miss this opportunity on Wednesday, May 5 to expand your understanding of the issues that can arise in your next real estate law transaction – from who should hold the earnest money and the difference between a general warranty deed and special warranty deed, to what constitutes a marketable title and understanding a boundary survey. Join us for part on of this two-part series that will help you better understand: what happens if the realtor refuses to hold the earnest money; the ethical issues involved if the seller’s or buyer’s attorney holds the earnest money; what is required of the seller to disclose; what constitutes a warranty deed; the hazards associated with using a general warranty deed; how to effectively represent your real estate clients during COVID without physically attending the closing; and much more. -
April 6, 2021 |
ISBA News
The ISBA is now accepting applications and nominations for the 2021 Leadership Academy. This landmark program is designed to train the next generation of professionals to become effective leaders in the Illinois legal community.
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April 6, 2021 | Practice News
The Illinois Supreme Court announced today amendments to Order M.R. 30370 regarding residential evictions. The Illinois Judicial Conference’s Court Operations During COVID-19 Task Force (Task Force) recommended these amendments to the Court in order to better clarify the standard for residential evictions impacted by the governor’s executive orders.2 comments (Most recent April 7, 2021) -
April 6, 2021 |
ISBA News
The Illinois State Bar Association’s Board of Governors approved two new Professional Conduct Advisory Opinions on March 26 during its regularly scheduled Board meeting. The opinions address a lawyer representing surviving spouse as both estate administrator and renouncing spouse, and a lawyer's disclosure of client estate planning documents after the client's death.
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April 5, 2021 | Practice News
Historically, guilty-plea defendants in Illinois have been denied the opportunity to present actual-innocence claims based on newly discovered evidence because their convictions were founded on valid guilty pleas. However, the Illinois Supreme Court recently held in People v. Reed that these defendants can raise claims of actual innocence under the Post-Conviction Hearing Act. Although this is a momentous victory for guilty-plea defendants, the burden they must meet is significant. In her April 2021 Illinois Bar Journal article, “Guilty Plea, Innocent Defendant,” Ashley Kidd, a law clerk for the Third District of the Illinois Appellate Court, discusses the function of plea agreements in our criminal justice system, the Reed decision, and how these claims should be presented post-Reed. -
April 5, 2021 |
People
After nearly a century of thoughtfulness toward others, dedication to his craft, and an endless devotion to Chicago sports teams, revered attorney, loving husband and beloved father Dale A. Anderson, 83, passed away on Monday, March 22, 2021 from complications due to cancer. He was an ISBA member for over 40 years, serving as ISBA president in 1980.
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April 1, 2021 | CLE
Most presentations today are virtual, and ISBA wants to equip you with the techniques you need to reach your online audience. Join us as our master series speaker, David Mann, returns from noon until 1:30 p.m. on Wednesday, April 28 with a fresh look at the how to effectively interact in the virtual world, including tips for clarity and how to maintain your online professionalism. Topics include: how to translate arcane legal language into plain English; how to create captivating openings with rhetorical impact; delivering your case story for engaging flow; illustrating complex legal concepts simply; how structure and language can inspire action; understanding which storytelling techniques build clarity, understanding, and trust; using the camera in a professional manner; knowing which Zoom (and other platform) features can enhance your delivery skills; how to use lighting and sound to your advantage; arranging the background to communicate stability and trustworthiness; and how to use polls and other virtual platform features effectively. -
April 1, 2021 |
Practice News
The Federal Bureau of Prisons seeks an administrative united states penitentiary attorney in Thomson, Illinois. The legal practice at the United States Penitentiary located in Thomson is part of the Consolidated Legal Center (CLC), Federal Medical Center, Rochester, Minnesota. This CLC covers a wide variety of issues focusing on correctional law and litigation, either through administrative or litigation channels and includes such matters as inmate's reasonable access to the courts (through access to legal materials, legal correspondence, and attorney-client visits), conditions of confinement, medical care, diet and religious accommodations, housing assignments, hygiene and sanitation, access to information, and discipline.
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March 29, 2021 | Practice News
Every client and trial are different. But successful trial lawyers know that winning a case requires deep preparation and attention to detail that begin long before jurors are seated and the trial starts. Recently, in an ISBA CLE titled The Eight Things Every Trial Lawyer Should Know, Illinois attorneys and judges shared characteristics all good trial attorneys have in common. The Illinois Bar Journal features their key takeaways in the April 2021issue. Their tips and tricks cover eight aspects of trial law: presenting and arguing motions in limine, selecting a jury, making objections, establishing proofs through direct examination, controlling a witness on cross examination, handling the jury instructions conference, delivering a closing argument, and maintaining professionalism during an adversarial process.