A right of first refusal (ROFR) is an agreement giving its holder the right to purchase property in certain circumstances. ROFRs usually concern real estate, but they can cover any type of property. Generally, ROFRs provide that if an owner receives a bona fide offer to buy its property on terms it wishes to accept, the owner must give the ROFR holder notice of the offer and the opportunity to match it. The ROFR holder has no obligation to match the offer and it can refuse to do so. In that instance, the owner is free to sell the property to the offeror. If the ROFR holder does match the offer, the holder has the right to buy the property and the owner must sell it to the ROFR holder. But as Mitchell L. Marinello and Andrew P. Shelby demonstrate in their January 2021 Illinois Bar Journal article, “Right of First Refusal, Right?” under the peculiarities of Illinois law, ROFRs generally are enforceable but can lead to litigation, specifically when a property’s ROFR provisions may not be considered definite enough to be enforced.
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January 25, 2021 | Practice News
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January 22, 2021 | Practice News
The Illinois Supreme Court issued three opinions on January 22. In In re J.M.A., the Supreme Court was equally divided and dismissed the appeal. In Steed v. Rezin Orthopedics & Sports Medicine, S.C., the Supreme Court unanimously reversed an unpublished order issued by an appellate court that reversed a jury verdict in favor of an institutional defendant. In Board of Education of the City of Chicago v. Moore, the court addressed whether the School Code authorized the Board of Education of the City of Chicago to opt for suspension rather than either dismissal or reinstatement of a tenured teacher. -
January 22, 2021 |
Events | ISBA News
Volunteers are needed for the 2021 ISBA High School Mock Trial Invitational, which will be held virtually March 12-14 via Zoom. 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 22, 2021 |
Practice News
The Metropolitan Correctional Center (MCC) Chicago is seeking an attorney for the Consolidated Legal Center (CLC), St. Louis, Missouri.
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January 22, 2021 |
Practice News
The Illinois Supreme Court announced the filing of lawyer disciplinary orders on January 21, 2021. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
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January 21, 2021 |
Practice News
The Secretary of State’s office is looking for an attorney to serve as assistant general counsel in the Springfield office advising the vehicle services department. The duties of this position include drafting legislation and administrative rules, advising the department regarding compliance with existing laws and regulations, answering questions regarding the licensing of vehicle dealerships, and participating in formulating policies for the operations of the department. The attorney will also assist the personnel department in collective bargaining agreements and litigation concerning personnel actions, and represents the Office of the Secretary of State at arbitration proceedings.
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January 20, 2021 | Practice News
Justice James D. Heiple, the author of the controversial 1994 “Baby Richard” adoption case ruling, passed away on January 18 at OSF St. Francis Medical Center in Peoria from complications following a brain hemorrhage. He was 87. During his time on the Illinois Supreme Court, Justice Heiple authored 175 majority opinions, 98 dissents, 27 special concurrences and 18 partial concurrences/partial dissents.2 comments (Most recent January 26, 2021) -
January 20, 2021 |
ISBA News
The 2021 first place winner of the Lincoln Award Legal Writing Contest is Deanna Shahnami, Rockville, Maryland, who wrote “Liberties and Lockdowns: Illinois COVID-19 Restrictions and First Amendment Rights.” Her article will appear in the February issue of the Illinois Bar Journal.
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January 19, 2021 | CLE
Join us from noon until 1 p.m. on Thursday, February 4 from the comfort of your home or office as we offer a comprehensive update on the executive actions, legislative changes, and caselaw developments that will impact U.S. immigration law in 2020/2021. Immigration law attorneys, general practitioners, and new lawyers with basic to intermediate practice experience who attend this online program will better understand: the immigration law changes that took place throughout 2020; how the presidential election will impact immigration law; the changes to be aware of in immigration enforcement standards, including the new executive orders on interior security and border enforcement; the issues relating to the Public Charge Rule and designation; and changes effecting refugees, asylum and special immigrant juveniles. -
January 19, 2021 | Practice News
In Smart Oil LLC v. DW Mazel, LLC, the U.S. Court of Appeals for the Seventh Circuit confirmed that lawyers are essential in real estate transactions. The Seventh Circuit recognized its role in interpreting contracts and giving effect “to the intention of the parties as expressed in the agreed terms.” Lawyers are the client’s advocate, charged with articulating the client’s precise intentions in the agreement, and then guiding the transaction with careful attention to detail through closing. According to William J. Anaya in his January 2021 Illinois Bar Journal article, “Old Wine in New Cases,” Smart Oil offers insights to environmental and real estate lawyers and a cautionary tale for those who seek to cleverly avoid or circumvent settled law in modern real estate transactions. Anaya advises lawyers who represent sellers and buyers in transactions and litigation are well served in reading this Seventh Circuit’s primer on settled law in Illinois.