Section Newsletters

Articles From 2019

The United States-Mexico-Canada Agreement By Reagan Quynn International and Immigration Law, February 2019 An overview of the United States-Mexico-Canada Agreement.
The Unknown or Contrary Mineral Owner By Matthew L. McArthy Mineral Law, September 2019 A discussion of legal remedies available for oil and gas operators facing common legal problems.
Upcoming CLE events Privacy and Information Security Law, May 2019 Upcoming continued legal education offerings of interest.
Upcoming Privacy & Security Law Events Privacy and Information Security Law, September 2019 A list of upcoming events relevant to the Privacy & Information Security Law Section.
Update: Estate Planners Are Still Vulnerable to Dormant Legal Malpractice Claims, But ISBA Proposed Legislation Suggests a Reasonable Change to the Law By David C. Thies & Mia O. Hernandez Trusts and Estates, November 2019 The elimination of the estate planner exception to the Illinois Statute of Repose is in the interest of not only of the practicing bar, but also the public at large.
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The U.S. Environmental Protection Agency Proposes Amendments to Methane Regulations By Craig R. Hedin Mineral Law, September 2019 On August 29, 2019, the EPA proposed certain updates for the oil and natural gas industry as a result of its review of the 2016 New Source Performance Standards.
U.S. Supreme Court addresses state income taxation of trusts in Kaestner By Oliver R. Merrill Trusts and Estates, July 2019 On June 21, 2019, the U.S. Supreme Court issued its decision in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, which considered whether the Due Process Clause of the Fourteenth Amendment prohibits states from taxing trusts based on trust beneficiaries’ in-state residency.
U.S. Supreme Court holds class arbitration cannot be ordered absent an express agreement By Jay Schleppenbach Alternative Dispute Resolution, July 2019 The U.S. Supreme Court concluded in Lamps Plus, Inc. v. Varela that class arbitration cannot be compelled where the arbitration agreement is not silent but rather ambiguous about the availability of such arbitration.
USCIS Revised Fee Waiver Requirements Impact on Pathways to Legal Immigration By Bhavani Raveendran Human and Civil Rights, December 2019 In October, USCIS announced that it would be removing the means-tested benefit criteria in determining whether an applicant was exempt from filing fees.
Use it or lose it: The IRS proposed regulations will not clawback sunsetting exemption amounts By Lawrence J. Gregory Trusts and Estates, January 2019 The Tax Cuts and Jobs Act of 2017 has temporarily increased the federal estate and gift tax exemption from $5 to $10 million until the end of 2025.
The use of document assembly software in family law By Wesley A. Gozia Family Law, April 2019 Document assembly software is one way to help increase efficiency and accuracy in document preparation.
USEPA Considers Emission Standards for Methane By Craig R. Hedin Mineral Law, December 2019 The U.S. Environmental Protection Agency's one-size-fits-all approach with respect to all oil and natural gas operators in the United States has a disproportional impact on conventional operations such as those in Illinois where the norm is low production wells and small business operators.
Using ADR in Estate Planning and Administration By David C. Thies Alternative Dispute Resolution, December 2019 A call to incorporate ADR techniques in the administration of trusts and estates.
Using cloud-based law practice management software for document automation By Michael Brennan Legal Technology, Standing Committee on, January 2019 Whether it’s an engagement letter, power of attorney, lease, or contract, document automation can save you time and reduce risk, leading to a more efficient and effective practice.
V&T Investment Corp. v. West Columbia Place Condominium Ass’n: A decision offering major answers to questions from purchasers of units in mortgage foreclosures By Ellis B. Levin Real Estate Law, January 2019 Interpretations of subsections 9(g)(3), 9(g)(4), and 9(g)(5) of the Condominium Property Act have been the subject of numerous court decisions, the most recent being the decision by the first district in V&T Investment Corp. v. West Columbia Place Condominium Ass’n.
Validity of E-Signatures in Illinois By Bryan Sims Legal Technology, Standing Committee on, September 2019 A look at whether electronic signatures are permissible with e-filing in Illinois.
VAPs and you By Jared Giuffre Child Law, May 2019 An overview of voluntary acknowledgement of paternity.
Warning: Illinois Human Rights Act has new posting requirement By Mark Anthony Spognardi Corporate Law Departments, February 2019 An overview of how amendments to the Illinois Human Rights Act will affect employers.
Website accessibility and the ADA By Ethel Spyratos Legal Technology, Standing Committee on, April 2019 There has been a recent surge of lawsuits against businesses under the Americans with Disabilities Act based on claims that their websites are places of public accommodation and are not fully accessible to people with various impairments.
Welcome to the 2019-20 bar year By Karen Kloppe Elder Law, July 2019 An introduction to the issue from the editor, Karen Kloppe.
What ‘accredited investor’ or other investor definitions apply in exempt offerings rules? By William A. Price Business and Securities Law, May 2019 An overview of the definitions of investor types and Illinois securities laws and rules.
What does the Illinois Biometric Information Privacy Act require employers to do? By Ambrose V. McCall Privacy and Information Security Law, February 2019 Illinois employers must take several steps before obtaining or transferring their employees’ biometric identifiers or biometric information.
What every lawyer should know about the internet of things By Jonathan Nessler Business Advice and Financial Planning, July 2019 The internet of things is an ever-expanding group of smart devices that have infiltrated our everyday lives and the daily operations of many law firms, but they present a number of security concerns.
What every lawyer should know about the internet of things By Jonathan Nessler Law Office Management and Economics, Standing Committee on, June 2019 The internet of things is an ever-expanding group of smart devices that have infiltrated our everyday lives and the daily operations of many law firms, but they present a number of security concerns.
What happened to the senior lawyer listserv? By Don Mateer Senior Lawyers, January 2019 Information to get involved in the Senior Lawyers discussion on ISBA Central.
What is the valuation standard for valuation of a minority interest in an Illinois LLC? By George Bellas & Jillian Tattersall Agricultural Law, January 2019 When a minority interest holder leaves an Illinois limited liability company, determining the value of that former member’s share presents counsel and courts with questions of methodology.
When Form Construction Contracts Are Not Enough: Top 5 Construction Contract Drafting Tips By Mallory P. Sanzeri Young Lawyers Division, November 2019 An overview of the common clauses in form construction contracts that can leave contractors exposed to unnecessary litigation.
‘When They Pry It From My Cold Dead Hand’—Transferring Firearms Following the Death or Disability of an Illinois Resident: Part 1 By Melissa A. Maye Trusts and Estates, September 2019 Every attorney who engages in estate planning and administration in Illinois has a responsibility to his or her clients to understand the federal, state, and local laws that apply to the transfer of firearms following the disability or death of an Illinois resident.
‘When They Pry It From My Cold Dead Hand’—Transferring Firearms Following the Death or Disability of an Illinois Resident: Part 2 By Melissa A. Maye Trusts and Estates, October 2019 Every attorney who engages in estate planning and administration in Illinois has a responsibility to his or her clients to understand the federal, state, and local laws that apply to the transfer of firearms following the disability or death of an Illinois resident.
Where Borrower Does Not Reside In Property as Principal Residence, It Does Not Qualify As Residential Real Estate Under Illinois Foreclosure Law By James V. Noonan Real Estate Law, October 2019 A summary of First Bank of Highland Park v. Sklarov.