Articles From 2025

Summary of President Trump’s Early Executive Orders on Immigration By Cindy G. Buys International and Immigration Law, March 2025 On his first day in office, January 20, 2025, President Trump issued a flurry of Executive Orders (EOs) including at least five EOs affecting immigration. This article briefly summarizes some key parts of these EOs relating to immigration, the status of litigation challenging these EOs, and some possible future issues.
Super Smart Cameras and Copyright, What, Me Worry? Or Should You? By Daniel Kegan Intellectual Property, September 2025 A summary of technology's impact on copyright law and 7 practical suggestions that you should consider before you file your next copyright. 
Superman, Palestine, Truth, Justice & the American Way: A Call to Humanity, Democracy & Rule of Law From the Man of Steel By Michael Alkaraki Human and Civil Rights, August 2025 This article analyzes the parallels that exist between the 2025 Superman movie and the Israeli-Palestinian conflict. 
Supporting and Visiting Non-Minor Children By Lisa M. Nyuli Family Law, September 2025 Learn more about the requirements under the Illinois Marriage and Dissolution of Marriage Act and the Probate Act to award child support or parental visitation for a non-minor child with a disability. 
The Supreme Court Clears the Underbrush for Mental Health Injuries By Kurt Niermann Workers’ Compensation Law, August 2025 A summary of McDonald v. Symphony Bronzeville and its impacts on the field of workers' compensation law. 
Supreme Court Eases the Burden for Proving Reverse Discrimination Claims By Rachel E. Bossard & Christine Eduardo Corporate Law Departments, June 2025 On June 5, 2025, the U.S. Supreme Court unanimously ruled that reverse discrimination claims under Title VII are held to the same standard as other discrimination claims. The Court found that plaintiffs like Marlean Ames, a heterosexual woman, don’t need to show special “background circumstances” to prove bias. This decision clarifies that Title VII protects all individuals equally, regardless of majority or minority status.
Supreme Court Eases the Burden for Proving Reverse Discrimination Claims By Rachel E. Bossard & Christine Eduardo Employee Benefits, June 2025 On June 5, 2025, the U.S. Supreme Court unanimously ruled that reverse discrimination claims under Title VII are held to the same standard as other discrimination claims. The Court found that plaintiffs like Marlean Ames, a heterosexual woman, don’t need to show special “background circumstances” to prove bias. This decision clarifies that Title VII protects all individuals equally, regardless of majority or minority status.
Supreme Court Rejects “Minimum Contacts” Requirement To Enforce Arbitration Awards Against Foreign States By Jay Schleppenbach Alternative Dispute Resolution, November 2025 The Supreme Court’s recent decision in Devas illustrates the pro-arbitration leaning of the United States legal system. Companies that arbitrate in the United States and abroad should take comfort that this remains a favorable jurisdiction to seek enforcement of arbitration awards, even where those awards involve foreign states or state-owned entities.
The Swearing In of Judge Bridget Duignan as the 149th President of the ISBA By Daniel E. O’Brien Tort Law, August 2025 Daniel E. O'Brien, the Editor of the Tort Law Newsletter, recounts President Bridget Duignan's swearing in ceremony as the 149th President of the Illinois State Bar Association. 
The Sword of Damocles and Artificial Intelligence in Law By Donald Hyun Kiolbassa & Emily Holmes Real Estate Law, March 2025 A discussion of the Sword of Damocles story to draw a lesson—artificial intelligence should be used only as an augmentation of the attorney. The attorney needs to have a metaphorical sword over their head.
Taking the Plunge: A Summer in Rural Practice Through the ISBA Initiative By Reagan Honn Rural Practice, October 2025 A 2025 summer law clerk details her experience as part of ISBA's Rural Practice Fellowship Program. 
Tariff Mitigation Strategies: 20 Options for Manufacturers Food Law, August 2025 Tariffs are truly “A Tale of Two Cities.” Some manufacturers are celebrating, thanks to higher domestic demand and an opportunity to sell unused capacity. For others, tariffs have significantly hurt business—resulting in painful price increases, inventory valuation challenges, stalled M&A, and reduced demand.
Tariffs and the New Risks To Be Addressed in Construction Contracts By Jeffrey Kehl Construction Law, September 2025 Consider incorporating additional provisions, like tariff adjustment clauses, price escalation clauses, force majeure clauses, among others, in your contracts to protect yourself against tariff increases. 
Tax Consequences of Settlement Agreements: Lessons From Mennemeyer v. Commissioner By Sandra D. Mertens Federal Taxation, September 2025 A case summary of the U.S. Tax Court matter, Adrienne Mennemeyer v. Commissioner of Internal Revenue, T.C. Memo 2025-80, and lessons learned on taxation of settlements. 
Tax Court Takes a Strict Stance on Procedural Deadlines Under the BBA Partnership Audit Rules By Sandra D. Mertens & Grace Symington Federal Taxation, November 2025 Recent Tax Court decisions, including JM Assets and Bayou Serpent, demonstrate strict enforcement of procedural deadlines. This strict adherence reinforces the importance of diligence and punctuality, safeguarding the integrity of the judicial process by emphasizing the necessity of complying with procedural requirements. 
Tax Deed Proceedings Challenged By Craig R. Hedin Real Estate Law, November 2025 A look at the case Integrity Investment et al. v. Illinois Attorney General et al. and how the future of tax deed proceedings may be changed based on this litigation. 
Tax Deed Proceedings Challenged By Craig R. Hedin Mineral Law, September 2025 A look at the case Integrity Investment et al. v. Illinois Attorney General et al. and how the future of tax deed proceedings may be changed based on this litigation. 
Tax Increment Financing: A Valuable Development Tool – Illinois By R. Kymn Harp Real Estate Law, May 2025 Tax Increment Financing (TIF) is a public funding tool used to revitalize blighted or aging areas by reimbursing developers for certain costs using the increased property tax revenue their projects generate. It helps make otherwise unfeasible projects viable without diverting existing tax funds. TIF districts last up to 23 years (extendable to 35), and funding is only approved if the project wouldn’t happen without it (applying the “but for” test). It’s widely used to promote economic development and eliminate commercial blight.
Tech Tip Real Estate Law, June 2025 Tired of receiving emails you don’t want? Instead of simply hitting delete, take an extra five seconds to unsubscribe.
Ten Ways To Use #GenAI To Start Your Law Firm By Carolyn Elefant Rural Practice, November 2025 GenAI can be a valuable tool for attorneys starting their own firm. Learn 10 tips to incorporate AI into your new law firm.
“That Can’t Be Right”: Illinois Contractors Must Be Aware of Sureties’ Rights Upon Default Under Payment and Performance Bonds By Frank M. Swanson Construction Law, January 2025 Upon receiving notice of a potential declaration of default under a Payment and Performance Bond, we often receive questions from clients about what measure of control they can properly assert over a surety’s selection of a substitute contractor. The answer to some is surprising: almost none. Yet, the risk of the surety selecting an improper surety, or risking contractual relationships, can be minimized at the contracting stage through simple, clear modifications of the standard A312 Payment and Performance Bond and standard contractual provisions. 
That’s a Food Job! Food Law, August 2025 Learn about resources to explore different career opportunitites in the food industry, from podcast recommendations to a job board dedicated to food careers!
Third Circuit Embraces De Novo Review of Demand Futility Dismissals, Overruling Prior Precedent and Joining Delaware Supreme Court and Other Circuits By Jay R. Schleppenbach Business and Securities Law, February 2025 For decades, courts have dismissed derivative suits for failure to properly allege demand futility. But for almost as long, the standard of review appellate courts should apply to such dismissals has been in flux, with courts seeming to gradually move from an abuse of discretion standard to de novo review. Recently, in In re Cognizant, the United States Court of Appeals for the Third Circuit became the latest court to adopt de novo review, overruling its prior precedents.
Thirteen Red Flags for Spotting Problem Clients By Matthew Benson General Practice, Solo, and Small Firm, November 2025 The purpose of this article is to provide a list of phrases that problematic or regrettable clients say or make reference to in initial consultations, or "red flags," so that they can be spotted early and encouraged to find counsel more suited to their disposition. If a client exhibits any of the following, it might be wise to question the wisdom of allowing them to hire you. 
Thirteen Red Flags for Spotting Problem Clients By Matthew Benson Law Office Management and Economics, Standing Committee on, October 2025 The purpose of this article is to provide a list of phrases that problematic or regrettable clients say or make reference to in initial consultations, or "red flags," so that they can be spotted early and encouraged to find counsel more suited to their disposition. If a client exhibits any of the following, it might be wise to question the wisdom of allowing them to hire you. 
Thirteen Red Flags for Spotting Problem Clients By Matthew Benson Rural Practice, April 2025 The purpose of this article is to provide a list of “red flags:” the phrases that problematic or regrettable clients say or make reference to in initial consultations, so that they can be spotted early and encouraged to find counsel more suited to their disposition. If a client exhibits any of the following, it might be wise to question the wisdom of allowing them to hire you. 
Thirteen Red Flags for Spotting Problem Clients By Matthew Benson Elder Law, February 2025 The purpose of this article is to provide a list of “red flags:” the phrases that problematic or regrettable clients say or make reference to in initial consultations, so that they can be spotted early and encouraged to find counsel more suited to their disposition. If a client exhibits any of the following, it might be wise to question the wisdom of allowing them to hire you. 
Thirteen Red Flags for Spotting Problem Clients By Matthew Benson Family Law, January 2025 The purpose of this article is to provide a list of “red flags:” the phrases that problematic or regrettable clients say or make reference to in initial consultations, so that they can be spotted early and encouraged to find counsel more suited to their disposition. If a client exhibits any of the following, it might be wise to question the wisdom of allowing them to hire you. 
“Three Strikes, You’re Out” for All Frivolous Pro Se Inmate Cases? The Prison Litigation Reform Act’s “Balls & Strikes” By Christian Ketter Federal Civil Practice, September 2025 The "three strikes" rule of the Prison Litigation Reform Act may only apply in certain circumstances. Some courts have held that the "three strikes" rule does not apply to removal from state court to federal court. Unless the Supreme Court speaks to this issue, this procedural loophole may allow a backdooring of cases that are otherwise malicious, frivolous, and fail to state a claim.
A Thumbnail Sketch of the Indian Personal Data Protection Rules, 2025 By H. Vincent Draa, FCI Arb, CFE International and Immigration Law, May 2025 India's Digital Personal Data Protection Act, 2023 (DPDPA) marks a significant shift in data privacy regulation. On January 3, 2025, the government released draft Digital Personal Data Protection Rules, 2025 to clarify and operationalize the Act, emphasizing informed consent, data security, and individual rights. The Rules aim to enhance personal data protection in India, with potential changes expected after public consultation.