Enforceability of Non-Compete Agreements in IllinoisBy Ariana Thao & Lawrence StarkEmployee Benefits, June 2025Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Enforceability of Non-Compete Agreements in IllinoisBy Ariana Thao & Lawrence StarkElder Law, May 2025Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Environmental and Natural Resources Law Conference CollageEnvironmental and Natural Resources Law, July 2025The ISBA Environmental and Natural Resources Law Section hosted the 23rd annual Environmental and Natural Resources Law Conference on May 22-23, 2025, at the IIT Chicago-Kent College of Law.
Equal Rights Amendment Update: Where Are We Now?By Cindy G. BuysDiversity Leadership Council, June 2025At its Annual Meeting in Chicago in July 2024, the American Bar Association adopted a resolution recognizing the ERA as the 28th Amendment to the U.S. Constitution because it satisfies all requirements of Article V of the U.S. Constitution. The ABA did so with support of the ISBA. The ABA Resolution rejects the argument that the ratifications are time barred because the time bar is not part of Article V of the Constitution and because it was contained in the text of a congressional resolution and not in the language of the amendment itself.
Equal Rights Amendment Update: Where Are We Now?By Cindy G. BuysWomen and the Law, May 2025At its Annual Meeting in Chicago in July 2024, the American Bar Association adopted a resolution recognizing the ERA as the 28th Amendment to the U.S. Constitution because it satisfies all requirements of Article V of the U.S. Constitution. The ABA did so with support of the ISBA. The ABA Resolution rejects the argument that the ratifications are time barred because the time bar is not part of Article V of the Constitution and because it was contained in the text of a congressional resolution and not in the language of the amendment itself.
Equal Rights Amendment Update: Where Are We Now?By Cindy G. BuysHuman and Civil Rights, April 2025At its Annual Meeting in Chicago in July 2024, the American Bar Association adopted a resolution recognizing the ERA as the 28th Amendment to the U.S. Constitution because it satisfies all requirements of Article V of the U.S. Constitution. The ABA did so with support of the ISBA. The ABA Resolution rejects the argument that the ratifications are time barred because the time bar is not part of Article V of the Constitution and because it was contained in the text of a congressional resolution and not in the language of the amendment itself.
Estate Planning for AnimalsBy Timothy S. MiduraElder Law, July 2025This article by Timothy S. Midura explores the often-overlooked area of estate planning for pets, framing it as a specialized form of special needs planning. Since pets are dependent, perishable beings lacking legal personhood, estate plans must explicitly address their care upon the incapacity or death of their human guardians. Despite their central role in many families, pets are legally treated as property, which complicates planning but also mandates it for ethical and practical reasons.
Estate Planning for AnimalsBy Timothy S. MiduraTrusts and Estates, June 2025This article by Timothy S. Midura explores the often-overlooked area of estate planning for pets, framing it as a specialized form of special needs planning. Since pets are dependent, perishable beings lacking legal personhood, estate plans must explicitly address their care upon the incapacity or death of their human guardians. Despite their central role in many families, pets are legally treated as property, which complicates planning but also mandates it for ethical and practical reasons.
Estate Planning for AnimalsBy Timothy S. MiduraAnimal Law, May 2025This article by Timothy S. Midura explores the often-overlooked area of estate planning for pets, framing it as a specialized form of special needs planning. Since pets are dependent, perishable beings lacking legal personhood, estate plans must explicitly address their care upon the incapacity or death of their human guardians. Despite their central role in many families, pets are legally treated as property, which complicates planning but also mandates it for ethical and practical reasons.
An Estate Planning Trap That Affects Real Estate, Too!By Michael J. MaslankaTrusts and Estates, November 2025Ensure that you are choosing the right language in trusts, wills, Transfer on Death Instruments, or any other means to correctly express your client's intention on passing title to property.
An Estate Planning Trap That Affects Real Estate, Too!By Michael J. MaslankaReal Estate Law, September 2025Ensure that you are choosing the right language in trusts, wills, Transfer on Death Instruments, or any other means to correctly express your client's intention on passing title to property.
Ethical Considerations When Representing Elderly ClientsBy Judith ConwayTort Law, April 2025A quick summary of some important ethical rules, all of which come from the Illinois Supreme Court Rules of Professional Conduct, which texts should be reviewed in full. Following the Rules are some practical things to consider. Additionally, the comments on the Rules provide excellent insight for any questions practitioners may have.
Ethics FYIReal Estate Law, June 2025Real estate transactions and related litigation can raise various ethical challenges. If faced with such issues, attorneys are encouraged to contact the ARDC ethics hotline at (312) 565-2600 or (800) 826-8625 for guidance—support is always available.
EUTT Section Council Member Spotlight: Danny ChungEnergy, Utilities, Telecommunications, and Transportation, April 2025A spotlight on a member of the Energy, Utilities, Telecommunications & Transportation Section Council.
Event Recap: What It Takes to be a Trial Lawyer if You’re Not a ManBy Kristine HoniotesDiversity Leadership Council, June 2025A synopsis of the University of Illinois College of Law's Fall Symposium from November 8, 2024, entitled, "Teaching the Next Generation of Trial Lawyers: What It Takes to be a Trial Lawyer if You’re Not a Man."
Event Recap: What It Takes to be a Trial Lawyer if You’re Not a ManBy Kristine HoniotesWomen and the Law, February 2025A synopsis of the University of Illinois College of Law's Fall Symposium from November 8, 2024, entitled, "Teaching the Next Generation of Trial Lawyers: What It Takes to be a Trial Lawyer if You’re Not a Man."
Events CornerBy Andrew G. WhiteAgricultural Law, September 2025Learn more about events hosted by the Agricultural Law Section Council!
Ex-Officio Letter From the ChairBy Ebony R. HuddlestonRacial and Ethnic Minorities and the Law, October 2025A Letter from the past Chair of the Racial and Ethnic Minorities and the Law Committee, looking forward to all that's to come in the upcoming year.
Exemptions to Notary Certification Requirements for RenewalBy Ariana Thao & Lawrence StarkHealth Care Law, May 2025As Health Care attorneys, we routinely draft documents that require notarization, such as powers of attorney for property, deeds, various affidavits, and banking documents. As such, access to a notary and maintaining a notary certification can be crucial. Commencing January 1, 2024, requirements changed to obtain and renew a notary certification. But there are exceptions, which are discussed in this article.
Exemptions to Notary Certification Requirements for RenewalBy Ariana Thao & Lawrence StarkElder Law, March 2025As Elder Law attorneys, we routinely draft documents that require notarization, such as powers of attorney for property, deeds, various affidavits, and banking documents. As such, access to a notary and maintaining a notary certification can be crucial. Commencing January 1, 2024, requirements changed to obtain and renew a notary certification. But there are exceptions, which are discussed in this article.
Expanding the Reach of Mediation: The State-Wide Vision of the Southern California Mediation Association (SCMA)By Judge Ann Breen-GrecoAlternative Dispute Resolution, November 2025The Southern California Mediation Association (SCMA) may be paving the way for expansion of mediation services. Recently, the SCMA has evolved from a regional to a state-wide organization, positioning itself as the largest mediation organization in California, and expanding access to mediation services within the state.
An Expeditious and Economical Path to JusticeBy Judge Brian WeinthalDiversity Leadership Council, June 2025As the result of statutory changes that took effect on January 1, 2025, the Illinois Human Rights Act now provides up to two years for individuals to assert allegations of discrimination, harassment, sexual harassment, and retaliation in connection with purported civil rights violations. In addition, the Human Rights Act now prohibits unlawful discrimination against individuals on the basis of “reproductive health decisions” and “family responsibilities.” Attorneys seeking to file civil rights lawsuits under the newly-amended law in 2025 should strongly consider bringing their claims before the Illinois Human Rights Commission.
An Expeditious and Economical Path to JusticeBy Judge Brian WeinthalHuman and Civil Rights, January 2025As the result of statutory changes that took effect on January 1, 2025, the Illinois Human Rights Act now provides up to two years for individuals to assert allegations of discrimination, harassment, sexual harassment, and retaliation in connection with purported civil rights violations. In addition, the Human Rights Act now prohibits unlawful discrimination against individuals on the basis of “reproductive health decisions” and “family responsibilities.” Attorneys seeking to file civil rights lawsuits under the newly-amended law in 2025 should strongly consider bringing their claims before the Illinois Human Rights Commission.
