Articles From 2025

Probate Pitfalls By Ed Finkel Trusts and Estates, June 2025 The Illinois State Bar Association’s Trusts and Estates Section Council finds interest in programming focused on the basics.
Profile Highlight of Ag Law Section Council Member Interview: Alan E. Stumpf By Cari Brett Rincker Agricultural Law, November 2025 Learn more about Alan E. Stumpf, who has been a member of the ISBA Agricultural Law Section Council for 9 years. 
Profile of Ag Law Section Council Member: Christopher W. Byron Agricultural Law, December 2025 Learn more about Christopher W. Byron, an Agricultural Law Section Council Member and an attorney with 3 decades of experience! 
Programming Sentencing Credits By Hon. Randy Rosenbaum Criminal Justice, January 2025 This article addresses programming sentencing credits that are available to defendants in the trial court. It does not address other sentencing credits such as truth-in-sentencing, earned sentencing credits, credits available in the Department of Corrections, or revocation of credits.
Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship Proceedings By Judge Maureen Ward Kirby, Judge Daniel Malone, & Judge Susan Kennedy Sullivan Elder Law, April 2025 Because of the size of our Cook County Court system, in certain circumstances, there is a more burdensome, costly, and inefficient legal process where a resident is a respondent in two separate legal arenas: a resident is or will be ordered to outpatient treatment for his/her/their mental health treatment and where the same Cook County resident is or will benefit from some level of guardianship.
Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship Proceedings By Judge Maureen Ward Kirby, Judge Daniel Malone, & Judge Susan Kennedy Sullivan Trusts and Estates, March 2025 Because of the size of our Cook County Court system, in certain circumstances, there is a more burdensome, costly, and inefficient legal process where a resident is a respondent in two separate legal arenas: a resident is or will be ordered to outpatient treatment for his/her/their mental health treatment and where the same Cook County resident is or will benefit from some level of guardianship.
Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship Proceedings By Judge Maureen Ward Kirby, Judge Daniel Malone, & Judge Susan Kennedy Sullivan Elder Law, February 2025 Because of the size of our Cook County Court system, in certain circumstances, there is a more burdensome, costly, and inefficient legal process where a resident is a respondent in two separate legal arenas: a resident is or will be ordered to outpatient treatment for his/her/their mental health treatment and where the same Cook County resident is or will benefit from some level of guardianship.
Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship Proceedings By Judge Maureen Ward Kirby, Judge Daniel Malone, & Judge Susan Kennedy Sullivan Mental Health Law, January 2025 Because of the size of our Cook County Court system, in certain circumstances, there is a more burdensome, costly, and inefficient legal process where a resident is a respondent in two separate legal arenas: a resident is or will be ordered to outpatient treatment for his/her/their mental health treatment and where the same Cook County resident is or will benefit from some level of guardianship.
Proposed Revision to IBCA Allowing Easier Removal of Cumulative Voting By Margo Hablutzel, J.D., LLM, CISSP Corporate Law Departments, March 2025 In its March meeting, the Corporate Law Departments Section Council considered proposals before the Illinois Legislature to eliminate the requirement that Illinois corporations chartered before July 1, 1971, obtain the unanimous consent of shareholders before eliminating cumulative voting. Currently, those companies can only eliminate cumulative voting for directors by a unanimous vote of shareholders, unlike other charter amendments that can be accomplished by a two-thirds majority. The reason this is specific to companies incorporated in Illinois before that date is not only due to the terms of the Illinois Business Corporation Act, but also to the Illinois Constitution. 
Pros and Cons of Becoming an Employee Benefits Attorney By Aldridge Maurer Employee Benefits, September 2025 Experience is invaluable, but it's impossible for young attorneys to gain requisite experience without being given the chance to do so. Especially in the more niche field of employee benefits, it's important for young attorneys to connect with more experienced attorneys to gain necessary knowledge and insight into the field. 
Protect Your Profits: Build a Tariff Roadmap By Angela Peters International and Immigration Law, August 2025 Register today for Protect Your Profits: Build a Tariff Roadmap to learn more about how to assess your tariff exposure, including tariff mitigation strategies. 
Protecting Nature’s Secrets: How IP Fights Biopiracy By Amer Alnasser Intellectual Property, June 2025 Companies often look to nature for inspiration, whether it’s plants with healing powers or unique microorganisms. However, when they use these resources without fair compensation to the communities that have preserved them for centuries, it’s called biopiracy. This practice not only exploits indigenous knowledge but also threatens biodiversity.
PTO Alternative Filing By Daniel Kegan Intellectual Property, March 2025 This article contains previews of forms from the Trademark Electronic Application System (TEAS).
Public Act 104-0120: Amendments to the Code of Civil Procedure By Robert G. Markoff Commercial Banking, Collections, and Bankruptcy, September 2025 Public Act 104-0120 amends certain sections of the Illinois Code of Civil Procedure, including provisions relating to small claims, citations to discover assets, revival of judgments, garnishment, and exemptions.
Public Act 104-0382 Will Affect Real Estate Practitioners By Michael J. Maslanka Real Estate Law, November 2025 Amendments to the Counties Code, effective on January 1, 2026, include changes to sections regarding fraud referral and review, property fraud alert systems, and registration by property owners and real estate professionals. 
Public Acts Summary By Paul Peterson Construction Law, October 2025 An overview of the Public Acts of the 104th General Assembly that were submitted to the Construction Law Section Council and may impact various areas of construction law. 
Public Acts Summary By Paul Peterson Real Estate Law, September 2025 A summary of new legislation from the 104th General Assembly that may impact your area of practice. 
Public Domain Day 2025 Report By Margo Lynn Hablutzel, J.D., LLM, CISSP Intellectual Property, March 2025 Public Domain Day began as an informal observance in 2004 and since has become formal recognition of works falling into the public domain due to age. The rule of Public Domain Day is simple: works more than 95 years old (100 years for sound recordings) fall into the public domain and are no longer protectible by copyright.
Pulling Out: A Rules-Based Approach To Withdrawing From Representation By Matthew Benson Family Law, September 2025 It is inevitable that an attorney will eventually have to withdraw from representing a client based on a breakdown of the attorney-client relationship. Ensure you are taking necessary steps to not only protect yourself in the withdrawal but also to develop internal procedures that govern when your office must withdraw from representation. 
Queen Anne’s Revenge: Government Copyright Creators and Government Copiers By David C. Brezina Intellectual Property, March 2025 This article comments only on the availability and publication of government-conducted, contracted, or funded information. Premises predating the writing of the Constitution favor public access to information—consistent with the availability of science to enable better science, as opposed to royal suppression long predating the U.S. Constitution.
Re-Cap of Women and the Law’s Annual Afternoon Tea By Jessica Sparbeck Young Lawyers Division, April 2025 Last month, the Afternoon Tea was held to celebrate Women’s History Month. The ISBA Standing Committee on Women and the Law hosts this event annually. This year’s Tea took place on Friday, March 14, 2025, at Loew’s Chicago Hotel. 
Read the Contract Before You Sign By David C. Brezina Commercial Banking, Collections, and Bankruptcy, July 2025 A cautionary tale from four cases that remind practitioners to "read the contract."
Read the Contract Before You Sign By David C. Brezina Business Advice and Financial Planning, June 2025 A cautionary tale from four cases that remind practitioners to "read the contract."
Real Estate Information Providers – Liability By R. Kymn Harp Real Estate Law, June 2025 The article discusses how real estate professionals may hold third-party information providers liable for negligent misrepresentation if faulty information causes financial loss. Under Illinois law, such claims are limited by the Moorman Doctrine, which bars recovery for purely economic loss—unless the provider is a “pure information provider.” Liability depends on the provider’s role, the nature of their work, and whether they had a duty to provide accurate information.
Real Estate Lawyers Attend the Annual Meeting in Lincolnshire Real Estate Law, June 2025 Key moments featuring the Association’s Real Estate Law Section members at the 2025 Annual Meeting held in Lincolnshire on June 5–6.
Reassignment on Remand in Criminal Cases: People v. Class, 2025 IL 129695 By Brendan Bukalski Criminal Justice, December 2025 The Illinois Supreme Court clarified Supreme Court Rule 615 earlier this year, in People v. Class, holding that an appellate court improperly ordered, sua sponte, reassignment of the judge on remand. 
Recap of Illinois State Bar Association’s 149th Annual Meeting By Genevieve Miller Family Law, July 2025 The Illinois State Bar Association’s 149th Annual Meeting was held June 5 and 6 at the Lincolnshire Marriott Resort this year and brought together legal professionals from across the state for two days of education, collaboration, and celebration! The conference marked the official installation of incoming ISBA President Bridget C. Duignan, who welcomed attendees with a renewed focus on innovation, inclusivity, and attorney well-being. From continuing legal education to social receptions and business meetings, the event offered a dynamic and enriching experience for all who participated.
Recap of WATL-Sponsored Event: “Trailblazing Through the Law: Lifting as We Climb” By Jennifer Bunker Skerston Women and the Law, September 2025 The ISBA and the Woman and the Law Committee hosted a very successful event in Springfield, "Trailblazing Through the Law: Lifting as We Climb," where attendees received a tour of the Capitol Building and the Illinios Supreme Court. 
Recap of YLD’s CLE from January 15: Family Law 101 By Genevieve E. Miller, Esq. Young Lawyers Division, February 2025 Olivia Basu and I teamed up as co-speakers on January 15, 2025, for a one-hour virtual CLE entitled Family Law 101 that was co-sponsored by ISBA’s YLD, Family Law, and Rural Practice Sections. We provided attendees with the basics of practicing family law, which included a brief overview of important aspects to consider when handling a family law case. We discussed tools to facilitate settlements and things to be mindful of, such as how each family dynamic is unique.
Recent Amendments to the Illinois Biometric Information Privacy Act By Nikhil A. Mehta Commercial Banking, Collections, and Bankruptcy, July 2025 The recent amendments bring significant changes, particularly with respect to liability and consent procedures, which will impact businesses, privacy advocates, and legal professionals alike. The amendments are codified in Illinois Public Act 103-0666.