Section Newsletters

Articles From 2020

Illinois Supreme Court Reaffirms Common Law Rule of Successor Nonliability By Joshua D. Lee Bench and Bar, October 2020 The Illinois Supreme Court’s recent decision in Department of Human Rights v. Oakridge Healthcare Center, LLC reaffirms that the common law rule of successor nonliability controls in Illinois.
Illinois Supreme Court Rule 415(c) By Robert McIntire Criminal Justice, April 2020 An analysis of Illinois Supreme Court Rule 415(c).
1 comment (Most recent May 8, 2020)
Illinois Supreme Court Rules Public Employers Can Keep Disciplinary Records Longer Than Union Contracts Provide By Carlos Arévalo Local Government Law, July 2020 On June 18, 2020, the Illinois Supreme Court ruled that enforcement of a union contract provision mandating the destruction of disciplinary records was against Illinois’ public policy of preserving and retaining public records.
Illinois Supreme Court Sculpts the Edges of the Collateral Source Rule in Class Action Economic Loss Case By Edward Casmere Bench and Bar, June 2020 The Illinois Supreme Court recently solidified the boundaries of the economic loss doctrine and the collateral source rule in a class action case asserting a civil conspiracy claim.
Illinois’ Testamentary Exception to the Attorney-Client Privilege By Adrian Mendoza Trusts and Estates, November 2020 While many believe the attorney-client privilege is inviolate, there are certain exceptions.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 4 – What Makes a Valid Trust and Revocable Trusts By Michael J. Fleck Elder Law, February 2020 The fourth article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 6 – The Trustee, Trustee Duties, Liability and Rights of Others, and the Prudent Investor Rules By Michael J. Fleck Elder Law, March 2020 The sixth article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 6 – The Trustee, Trustee Duties, Liability and Rights of Others, and the Prudent Investor Rules By Michael J. Fleck Trusts and Estates, January 2020 The sixth article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 7 – Total Return Trusts, Decanting, Powers of Appointment, and Perpetuities By Michael J. Fleck Trusts and Estates, February 2020 The seventh and final article in a series of articles that break down the Illinois Trust Code.
The Illinois Two-Step: The Forbidden Dance? By Michael G. Cortina Bench and Bar, May 2020 When there is a dispute as to the validity of a mortgage and the mortgagee wants to foreclose, some lawyers may consider filing declaratory judgment actions that seek a declaration that the mortgage is valid so that they can later file another action to foreclose the judicially-declared valid mortgage—but this is against the spirit of Illinois mortgage foreclosure law and may violate the tenets of res judicata.
Immigration and Litigation Practice While Dealing with Coronavirus By Patrick M. Kinnally International and Immigration Law, May 2020 A look at the impact of COVID-19 on the practice of immigration law.
Immigration Cases to Watch on the U.S. Supreme Court’s Docket 2019-20 By Cindy G. Buys International and Immigration Law, January 2020 Summaries of U.S. Supreme Court immigration cases.
The Impact of Coronavirus on Construction: How to Prepare By RIchard Reizen & Patrick Johnson Construction Law, April 2020 While there is little that can be done in the short term to mitigate the consequences of COVID-19 on the construction industry, there are a few basic steps suggested as best practices.
Impact of Coronavirus on the Practice of Law By Lewis F. Matuszewich International and Immigration Law, May 2020 Reflections on COVID-19's impact by various contributors to The Globe.
Implicit Bias: How Far Are We Really? By Bianca B. Brown Young Lawyers Division, March 2020 Strides in diversity efforts have not sufficiently addressed implicit bias.
Implicit Bias: How Far Are We Really? By Bianca B. Brown Racial and Ethnic Minorities and the Law, February 2020 Strides in diversity efforts have not sufficiently addressed implicit bias.
The Implied Warranty of Habitability: Implications for the Builder and the Homeowner By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, July 2020 If the implied warranty of habitability is not waived, builders leave themselves at risk from being sued by persons they never contracted with and new homeowners may find they have rights that they never anticipated.
In Defense of an Unpopular Drinking Water Rule By Eric L. Klein Environmental and Natural Resources Law, August 2020 A look at the Lead and Copper Rule in light of the Environmental Protection Agency's 2019 proposed revisions to it.
In Memoriam: John T. Phipps By Marylou Lowder Kent Senior Lawyers, September 2020 An obituary for John T. Phipps, who was an active member of the ISBA Senior Lawyers Section Council.
2 comments (Most recent September 21, 2020)
In Recognition of Illinois Supreme Court Chief Justice Anne Burke By Neil Hartigan Bench and Bar, January 2020 A spotlight on Illinois Supreme Court Chief Justice Anne Burke.
Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy! Will Illinois Ever Clean up Its Mess? By Clifford J. Shapiro Construction Law, January 2020 A look at Illinois' outdated analysis to determine whether construction defects constitute an “occurrence” under the commercial general liability insurance policy.
Income Is Income: A Brief Look at In re Marriage of Solecki and Parties’ Ability to Contract By Michael J. Levy Family Law, October 2020 A recent appellate case, In re the Marriage of Solecki, addressed the issue of whether parties have the authority to contract and create their own definition of net income.
Individual Criminal Liability for Failure to Disclose Data Breach Establishes a New Level of Risk for Companies and Executives By Michael Ward, Devika Kornbacher, Branden Stein, & Elizabeth Matthews Corporate Law Departments, October 2020 Until recently, the criminal prosecution of company executives was not one of the expected consequences of not disclosing a breach.
Infection Control Deficiencies Were Widespread and Persistent in Nursing Homes Prior to COVID-19 Pandemic Elder Law, October 2020 A summary of the May Government Accountability Office report looking at pre-COVID infection prevention in the nation’s nursing homes.
Infection Control Deficiencies Were Widespread and Persistent in Nursing Homes Prior to COVID-19 Pandemic Health Care Law, September 2020 A summary of the May Government Accountability Office report looking at pre-COVID infection prevention in the nation’s nursing homes.
An Informed Public Is Essential: How Lawyers Can Contribute to that Outcome By Rex Gradeless Law Related Education for the Public, June 2020 The last few months of the COVID-19 pandemic have shown us that there has never been a greater need for accurate factual information. For a variety of reasons, those in the legal profession are uniquely trained to provide the public with reliable factual information and have a professional responsibility to do so.
Innovation Transformation: Creative Sparks Generated From Disruption and Intellectual Property Solutions By Beverly A. Berneman Intellectual Property, December 2020 The disruption caused by COVID-19 and the resulting economic downturn sent a lot of businesses reeling. March 2020 began a dark time in almost every business sector. However, some businesses used these disruptions to generate creative sparks. The creative sparks manifested in different ways. Some businesses finally got to those great ideas they never had time to explore before. Others reshaped their business models. The prevailing theme in these changes was the creation of Intellectual Property to spur growth and find new sources of revenue. In other words, Innovation Transformation. The great thing about Innovation Transformation is that it has unlimited potential.   
Instructions for the 18th Judicial Circuit Court in DuPage County Virtual Court Hearings and Proceedings in Probate By Colleen L. Sahlas Trusts and Estates, December 2020 Instructions for virtual probate court hearings and proceedings in DuPage County.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, September 2020 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, May 2020 An eclectic gathering of recent intellectual property developments.