Articles From 2020

Trustee’s Judicial Lien Trumps Consignor’s Unperfected Security Interest By Michael Weissman Commercial Banking, Collections, and Bankruptcy, August 2020 A summary and analysis of PC (USA), Inc. v. Ellis, which points out the necessity of filing UCC financing statements in consignments.
Tweaks to Judgment Enforcement Law By Robert G. Markoff Commercial Banking, Collections, and Bankruptcy, February 2020 P.A. 101-191, which was recently signed into law, updates and modernizes several aspects of judgment enforcement law related to citations to discover assets, garnishment, and wage deduction.
Two Cases Involving Appellate Court Jurisdiction-Appellant Beware By Michael A. Rom Workers’ Compensation Law, November 2020 Within a month, the appellate court issued two decisions in which they found they lacked jurisdiction to hear an appeal, both of which serve as a reminder to practitioners to only appeal a final award.
Two Foreclosure Case Summaries By James V. Noonan Real Estate Law, November 2020 Summaries of two recent cases of interest to real estate practitioners.
Uncharted Waters: The Discoverability of Forensic Cell Phone Data in Personal Injury Cases By Richard L. Pullano Tort Law, February 2020 In Carlson v. Jerousek, the second district analyzed the competing interests impacting the discoverability of electronically stored information contained on computers in a personal injury case.
Under the IMDMA, What Is the Well-Being of a Companion Animal? By Angela Peters & David Hopkins Family Law, February 2020 Effective January 1, 2018, the Illinois General Assembly amended the Illinois Marriage and Dissolution of Marriage Act to allow parties going through a divorce to petition the court for sole or joint possession of companion animals.
The Unfinished Work of Cannabis Reform in Illinois By Evan Bruno Bench and Bar, November 2020 The results of the November 2020 election made clear that the majority of Americans are ready to move on from criminalized cannabis.
Uniform Collaborative Law Act/Rules Continue to Gain Traction Across the States By Kaitlin D. Wolff Alternative Dispute Resolution, October 2020 A look at how the Uniform Collaborative Law Act is expanding throughout the United States.
The Unlimited Potential of Limited Scope Engagements By Joe Souligne Commercial Banking, Collections, and Bankruptcy, April 2020 Limited scope engagements, which are an often-overlooked tool, can be advantageous to both lawyers and clients.
The Unlimited Potential of Limited Scope Engagements By Joe Souligne Civil Practice and Procedure, March 2020 Limited scope engagements, which are an often-overlooked tool, can be advantageous to both lawyers and clients.
Update on Legislation: Senate Bill 1569 Omnibus Education Bill By Phil Milsk Education Law, June 2020 A summary of the bills passed during the special General Assembly session held May 20-24.
Updates & Resources Elder Law, November 2020 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, October 2020 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, September 2020 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, August 2020 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, July 2020 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources By Karen Kloppe Elder Law, June 2020 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources By Karen Kloppe Elder Law, May 2020 Updates and resources on various topics of interest to elder law practitioners.
U.S. District Court Celebrates Asian Pacific American Heritage Month By Glenn Gaffney Human and Civil Rights, September 2020 In May, the United States District Court for the Northern District of Illinois celebrated Asian Pacific American Heritage month in recognition to the contributions of Asian Pacific Americans to the law and the legal profession.
U.S. DOL’s ‘Joint Employer’ Rule Struck Down, Now What? By Christina Fugate & Paul C. Sweeney Labor and Employment Law, October 2020 On January 16, 2020, the Wage and Hour Division of the U.S. Department of Labor published its final rule to revise and update its regulations regarding joint employer status, announcing a four-factor balancing test for determining vertical FLSA joint employer status.
U.S. Environmental Protection Agency Issues Final Policy and Technical Rules for the Oil and Gas Industry By Craig R. Hedin Environmental and Natural Resources Law, October 2020 On August 13, 2020, the U.S. Environmental Protection Agency issued two final rules related to the New Source Performance Standards for the oil and gas industry.
U.S. Environmental Protection Agency Issues Final Policy and Technical Rules for the Oil and Gas Industry By Craig R. Hedin Mineral Law, September 2020 On August 13, 2020, the U.S. Environmental Protection Agency issued two final rules related to the New Source Performance Standards for the oil and gas industry.
U.S. EPA and OSHA Enforcement Policies in the Time of COVID-19 Provide Opportunities to Mitigate Penalties but Are No Defense for Non-Compliance By William J. Anaya Environmental and Natural Resources Law, October 2020 As a result of the COVID-19 pandemic, the U.S. Environmental Protection Agency and Occupational Safety and Health Administration announced relaxations to their enforcement policies—but it is important to note that neither excuse regulatory non-compliance.
U.S. Privacy Law Implications With the Use of No-Contact Temperature Taking Devices By David Stauss, Malia Rogers, & Megan Herr Labor and Employment Law, June 2020 As U.S. companies start planning and implementing return-to-work plans, many are considering whether to use no-contact temperature taking devices.
U.S. Supreme Court Confirms Landowners’ Right to Seek Remediation Costs at Superfund Sites Under State Law By Shari Lumb Milewski & Robert Petti Environmental and Natural Resources Law, June 2020 In April, the U.S. Supreme Court decided Atlantic Richfield Co. v. Christian, (2020), a case involving landowners who sought to use state law claims in nuisance, trespass, and strict liability to compel Atlantic Richfield Co. to conduct a more extensive cleanup than the U.S. Environmental Protection Agency had required under the Comprehensive Environmental Response, Compensation, and Liability Act.
U.S. Supreme Court to Hear Argument on Arbitrability Issues in Henry Schein Matter By John R. Schleppenbach Alternative Dispute Resolution, October 2020 The United States Supreme Court will hear argument on December 8, 2020, in a matter that could potentially resolve important issues of arbitrability.
USCIS Revised Fee Waiver Requirements Impact on Pathways to Legal Immigration By Bhavani Raveendran International and Immigration Law, April 2020 In October, USCIS announced that it would be removing the means-tested benefit criteria in determining whether an applicant was exempt from filing fees.
USEPA Considers Emission Standards for Methane By Craig R. Hedin Environmental and Natural Resources Law, February 2020 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 Trusts and Estates, January 2020 A call to incorporate ADR techniques in the administration of trusts and estates.
Vaccinate or Terminate: Mandatory Vaccination as Workplace Policy By Jen Rubin Labor and Employment Law, September 2020 Although it may seem natural to want to implement a mandatory vaccination program as soon as a COVID-19 vaccine is widely available to ensure employee health and safety, employers considering doing so should proceed with caution.