Articles From 2025

Ninth Circuit Upholds Mass Arbitration Consolidation By David M. Krueger, Meegan Brooks, & Carlo Lipson Federal Civil Practice, May 2025 The Ninth Circuit's decision in Jones v. Starz Entertainment, LLC (2025) marks a significant development in managing mass arbitration. The court upheld the consolidation of over 7,200 individual claims into a single arbitration under JAMS rules, saving Starz over $12 million in fees. The court ruled that consolidation is a procedural matter for arbitration providers—not courts—and found that Starz did not refuse to arbitrate by supporting consolidation. The decision distinguishes consolidated arbitration from class arbitration and confirms that mass arbitration procedures are enforceable if the underlying agreement permits them. This ruling provides critical guidance for businesses to craft enforceable and cost-effective arbitration agreements amid the rise of mass arbitration strategies.
NLRB Bans Mandatory Captive Audience Meetings By Jeffrey A. Risch Labor and Employment Law, January 2025 The National Labor Relations Board, in Amazon.com Services LLC and Dana Joann Miller and Amazon Labor Union, November 13, 2024, outright banned mandatory meetings at which an employer expresses its views on unionization and educates workers on the good, bad, and ugly of union membership (“captive audience meeting”). The NLRB held that mandatory captive audience meetings constitute an automatic unfair labor practice that violates section 8(a)(1) of the National Labor Relations Act. 
No Access to Justice Without Access to a Lawyer By Judge James A. Shapiro & James J. Herdegen Bench and Bar, December 2025 Part I of this two-part series explores the difficulties that self-represented litigants face in the court system, particularly as it relates to Domestic Relations cases and the inability to afford an attorney. 
No, Illinois Does Not Have a $4 Million Estate Tax Exemption! By Allison K. Pfeifle & Aisha E. Fashawe Real Estate Law, December 2025 Contrary to what many clients and some practitioners may think, Illinois does not have a $4 million estate tax exemption. Instead, Illinois employs two different calculations, as explored in this article, and the lesser of the result is the applicable estate tax. 
1 comment (Most recent December 11, 2025)
No, Illinois Does Not Have a $4 Million Estate Tax Exemption! By Allison K. Pfeifle & Aisha E. Fashawe Trusts and Estates, November 2025 Contrary to what many clients and some practitioners may think, Illinois does not have a $4 million estate tax exemption. Instead, Illinois employs two different calculations, as explored in this article, and the lesser of the result is the applicable estate tax. 
No More Backsliding: It Is Time to Push Forward By Junaid Afeef Diversity Leadership Council, June 2025 The article explores why the U.S. legal profession remains predominantly white and male despite long-standing diversity efforts. It argues that historical exclusion and structural barriers—not lack of merit—explain the imbalance. It refutes claims that DEI undermines merit, showing that diversity can improve fairness and performance. The Illinois State Bar Association’s past work is highlighted as a basis for renewed commitment in the face of current backlash.
No “Second Bite at the Apple” Pursuant to People v. Cousins By Anthony Bruno Criminal Justice, August 2025 In People v. Cousins, 2025 IL 130866, the Illinois Supreme Court clarified the consequences when the State fails to meet its burden in seeking pretrial detention under the Pretrial Fairness Act (PFA) (725 ILCS 5/110-6.1).
Nominate a Deserving Lawyer for the Matthew Maloney Tradition of Excellence Award By Ashanti Madlock Henderson General Practice, Solo, and Small Firm, December 2025 It is ISBA award nomination season: If you know someone that should be recognized, nominate them (or self-nominate) for the Matthew Maloney Tradition of Excellence Award! 
Non-Bargained School Employment Contracts From a Board/Management Perspective By James S. Peters & Walter J. Zukowski Education Law, December 2025 A primer on the most important factors and principles that school districts must weigh and consider when drafting employment contracts for non-union employees. 
A Note by Any Other Name, or What Is a “Security” By Christopher C. Kendall Business and Securities Law, February 2025 An analysis of the 3rd District Appellate Court case, Stukel v. Rowe, where the plaintiff alleged that the promissory note was a “security” under the Illinois Securities Law and that the defendant had acted as a salesperson in connection with the sale. Plaintiff’s theory was that the promissory note was indeed a security because repayment of the loan was “contingent upon the completion of” a construction project for which the loan was provided. 
A Note From the Chair By Cheryl A. Morrison Real Estate Law, August 2025 A note from the chair of the Real Estate Law Section Council.
1 comment (Most recent August 21, 2025)
Note Is Unenforceable but the Lien on the Property Remains Valid By Robert Handley Commercial Banking, Collections, and Bankruptcy, September 2025 A summary of Chicago Title Land Trust v. Sara Watkin, 2025 IL App (1st) 241354, and lessons learned about the validity of notes and liens on property. 
NOTE! Real Estate Law, July 2025 Do your clients use their properties for short-term rentals, like airbnb, etc.? Read this Note on upcoming taxes that will be taking effect under the Hotel Operators' Occupation Tax. 
Note: CLE Opportunity! Real Estate Law, December 2025 The ISBA Real Estate Law Section is co-sponsoring a one-hour CLE on January 28, 2026, at 11:00 AM titled the New Illinois Receivership Act. The program is a primer on the new Act. It will explain the impact of the Act on real estate and construction law.
November 2025 Bar Admission Photos Young Lawyers Division, December 2025 On November 5, 2025, 1,637 new lawyers were sworn into the practice of law in Illinois during ceremonies held across all five judicial districts. Congratulations to Illinois' newest lawyers! 
Now Comes the Spring By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, March 2025 An introduction to the issue from the editor.
Nuclear Tesla Verdict & the “Full Self-Driving” Hustle By Michael Alkaraki Tort Law, December 2025 The number of people who have been injured due to Tesla's alleged self-driving cars is increasing; however, Tesla is doubling down that user is to blame, not the faulty Tesla feature. 
Observations From a Judge on Collection Litigation, and Perhaps All Litigation By Hon. Michael J. Chmiel Bench and Bar, December 2025 An insightful behind the scenes look at thoughts from a 21-year-tenured judge in the 22nd Judicial Circuit Court regarding time standards, technology, mentorship, and standing orders. 
Observations From a Judge on Collection Litigation, and Perhaps All Litigation By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, November 2025 An insightful behind the scenes look at thoughts from a 21-year-tenured judge in the 22nd Judicial Circuit Court regarding time standards, technology, mentorship, and standing orders. 
1 comment (Most recent November 27, 2025)
Oil and Gas Advisory Board By Craig R. Hedin Mineral Law, June 2025 The Illinois Oil and Gas Advisory Board held its quarterly meeting on April 24, 2025. Here is a summary of reports and actions undertaken at the meeting.
Oil and Gas Law Ownership Rights and Surface Issues By David M. Foreman Mineral Law, December 2025 Historically, an owner of real estate, in fee simple absolute, was thought to own a pie shaped cubit, extending from the center of the Earth, all the way up to the heavens. This traditional rule of ownership is a gross over simplification which, as we shall see, does not truly apply in the case of oil and gas.
One Big Beautiful Bill Act By Aaron D. Evans Elder Law, August 2025 This article discusses the 2025 One Big Beautiful Bill Act, including tax cuts, increased basic exclusion amount, SALT limitations, tax-deferred investment accounts, 529 plans, limitations on charitable deductions, and Pease limitations. 
One Big Beautiful Bill Act By Aaron D. Evans Corporate Law Departments, August 2025 This article discusses the 2025 One Big Beautiful Bill Act, including tax cuts, increased basic exclusion amount, SALT limitations, tax-deferred investment accounts, 529 plans, limitations on charitable deductions, and Pease limitations. 
One Big Beautiful Bill Act By Aaron D. Evans Employee Benefits, August 2025 This article discusses the 2025 One Big Beautiful Bill Act, including tax cuts, increased basic exclusion amount, SALT limitations, tax-deferred investment accounts, 529 plans, limitations on charitable deductions, and Pease limitations. 
One Big Beautiful Bill Act By Aaron D. Evans Trusts and Estates, August 2025 This article discusses the 2025 One Big Beautiful Bill Act, including tax cuts, increased basic exclusion amount, SALT limitations, tax-deferred investment accounts, 529 plans, limitations on charitable deductions, and Pease limitations. 
One Big Beautiful Bill Act: Considerations for Charitable Planning By Philip M. Purcell Federal Taxation, November 2025 A look at provisions of the One Big Beautiful Bill Act (OBBBA) and how this Act impacts income tax, estate tax, and other miscellaneous changes. 
One Big Beautiful Bill Act: Considerations for Charitable Planning By Philip M. Purcell Employee Benefits, September 2025 A look at provisions of the One Big Beautiful Bill Act (OBBBA) and how this Act impacts income tax, estate tax, and other miscellaneous changes. 
One Big Beautiful Bill Act: Considerations for Charitable Planning By Philip M. Purcell Corporate Law Departments, September 2025 A look at provisions of the One Big Beautiful Bill Act (OBBBA) and how this Act impacts income tax, estate tax, and other miscellaneous changes. 
One Big Beautiful Bill Act: Considerations for Charitable Planning By Philip M. Purcell Trusts and Estates, September 2025 A look at provisions of the One Big Beautiful Bill Act (OBBBA) and how this Act impacts income tax, estate tax, and other miscellaneous changes. 
One Big Beautiful Bill Act: Tax Changes for 2026 for Individuals, Families, and Estates By Sandra D. Mertens Federal Taxation, December 2025 The One Big Beautiful Bill Act contains several provisions that will impact tax law in 2026, including tax rates and tables, no tax on tips, no tax on car loan interest, senior bonus deduction, adoption credits, Trump accounts, and more.