Articles From 2025

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.
The Time for Digitalization in Food & Beverage Is Now By Andy Hanacek Food Law, September 2025 The food & beverage digital age is here, and for those processors who were waiting to see other processors swim successfully before jumping into the pool, now is the time to do more than just dip a toe in the shallow end.
The Time for Digitalization in Food & Beverage Is Now, by Food Processing By Andy Hanacek Food Law, July 2025 The food & beverage digital age is here, and for those processors who were waiting to see other processors swim successfully before jumping into the pool, now is the time to do more than just dip a toe in the shallow end.
TIP Real Estate Law, April 2025 A tip for practitioners on using Adobe Acrobat Reader’s Find Text or Tool function.
To Be or Not to Be…Discoverable: Third-Party Litigation Funders By Lee S. Brenner, Alicia Sharon, & Matthew Raber Federal Civil Practice, July 2025 This article explores under what circumstances can a court permit discovery of third-party litigation funding. 
Too Much Litigation: “Frivolity” Results in Sanctions By Michael R. Lied Federal Civil Practice, August 2025 In Ruben Santoyo v. City of Chicago, the court of appeals upheld a sanction against a pro se plaintiff for filing frivolous litigation. 
Top 5 Email Management/Organization Tips for Outlook By Kimberly A. Hilton Legal Technology, Standing Committee on, February 2025 Managing email can be overwhelming, especially when you’re juggling multiple tasks or handling a high volume of messages. Fortunately, Microsoft Outlook offers several powerful features to help streamline your workflow, improve productivity, and ensure you never miss an important task or email. Here are my top five email management tips for Outlook to help you stay organized and efficient.
Toronto ABA Recap By Patrick M. Collins Young Lawyers Division, October 2025 A summary of the ABA Young Lawyers' Division Assembly that was held in Toronto this summer, including details about resolutions concerning public service loan forgiveness, legal resource hubs in public libraries, paid public interest legal internships, and community justice workers. 
Tower of Babel: Trump Tariff Impact on the Illinois Real Estate Attorney By Donald Hyun Kiolbassa & Emily Holmes Real Estate Law, May 2025 The article argues that globalization is collapsing, largely due to rising tariffs and nationalist policies, especially in the U.S. This shift will have significant economic impacts, including a potential resurgence of domestic manufacturing in the Midwest. For Illinois real estate attorneys, this presents a major opportunity, particularly with the growth of data centers and energy infrastructure needed to support the rise of Agentic AI—a new phase of artificial intelligence that operates with minimal human input. The authors urge real estate professionals to focus on emerging markets outside of Chicago, as smaller towns may benefit most from these developments.
The Transient Debtor and the Debtor’s Homestead Exemption By Laura E. Richardson Commercial Banking, Collections, and Bankruptcy, November 2025 Courts are split regarding the application of extraterritorial exemption law in bankruptcy cases. As the population becomes more migratory, bankruptcy practitioners should be cognizant of the laws surrounding transient debtors who may be filing bankruptcy in a new state. 
Travel Tech Tips: Yeah, I’ve Seen It By Brandon P. Woudenberg Privacy and Information Security Law, August 2025 Valuable tips to use when traveling to ensure that you are protecting your data and private information. 
The Trilogy of Builder’s Risk Cases—Clarity or Confusion? By Geoffrey Bryce Construction Law, February 2025 A recent Illinois Supreme Court case completes the trilogy of recent builder’s risk decisions. The builder’s risk policy is intended to shift the risk of loss to the insurer to facilitate the completion of the construction project and avoid litigation. The builder’s risk claim, if paid, almost always presents the issue of just how far does the waiver of subrogation by the parties covered by the builder’s risk policy extend. The recent caselaw delves into this issue.
Turn On Your Video! By Judge James A. Shapiro & Thomas DeMouy Commercial Banking, Collections, and Bankruptcy, May 2025 Few things are more annoying to a judge than when we can't see the litigant or lawyer we are addressing (or who is addressing us). I once heard a judge describe it on Zoom as the equivalent of "hiding under the benches in court." During the height of the pandemic, there were judges who were not turning on their video as well. Without naming names, my former presiding judge once had to remind everyone in the division to turn on their videos. To a self-represented litigant–much less a lawyer–it must be like addressing the Great Oz in The Wizard of Oz: "Pay no attention to that man behind the curtain!" Pay no attention to that judge on the blank screen. It was inexcusable and unacceptable.
Turn On Your Video! By Judge James A. Shapiro & Thomas DeMouy Bench and Bar, April 2025 Few things are more annoying to a judge than when we can't see the litigant or lawyer we are addressing (or who is addressing us). I once heard a judge describe it on Zoom as the equivalent of "hiding under the benches in court." During the height of the pandemic, there were judges who were not turning on their video as well. Without naming names, my former presiding judge once had to remind everyone in the division to turn on their videos. To a self-represented litigant–much less a lawyer–it must be like addressing the Great Oz in The Wizard of Oz: "Pay no attention to that man behind the curtain!" Pay no attention to that judge on the blank screen. It was inexcusable and unacceptable.
Understanding Reasonable Charges and Allocation Under the Illinois Health Care Services Lien Act By Julian E. Zito Tort Law, December 2025 The Health Care Services Lien Act provides a predictable and structured framework for handling medical liens in personal injury cases, but only if practitioners understand: (1) Reasonableness is a fact-based market analysis; and (2) The 40% total cap and 20/20 split strictly govern allocation, regardless of billed amounts.
Understanding the Illinois DOI’s External Review Process: A Guide for Attorneys By Jennifer M. Danish Insurance Law, February 2025 A guide for Illinois attorneys on navigating the IDOI External Review Process, emphasizing research, insurer criteria, and medical evidence to contest health coverage denials effectively.
An Underutilized Remedy: Understanding the Drug or Alcohol Impaired Minor Responsibility Act By Joshua G. Rohrscheib Tort Law, December 2025 The Drug or Alcohol Impaired Minor Responsibility Act remains unfamiliar to many practitioners. The Act creates two causes of action. Taken in totality, this Act reflects the legislature’s intent to prevent avoidable tragedies and provide meaningful remedies when impairment leads to harm.
Universal Health Care – What Would It Take? By James Engelman Health Care Law, May 2025 The purpose of the chair's article is to pose considerations to be addressed in any universal health coverage plan, of which the HCAI Act is but one example. These considerations are presented belowgenerally without solutions, which would depend on the levels of health care expansion sought.
Upcoming & Recent CLE Opportunities From the Tort Law Section Council By Josh Rohrscheib Tort Law, October 2025 Don't miss out on this helpful, informative, and useful line-up of tort-related CLE's! 
Upcoming CLE Offerings for Rural Practitioners By Billie Constant Rural Practice, December 2025 Mark your calendars for these upcoming CLEs!
Upcoming CLE Programs of Special Interest To In-House Counsel By Margo Lynn Hablutzel, J.D. Corporate Law Departments, November 2025 Earn CLE credits with two upcoming CLE programs that address intellectual property, including brand strategy, trademarks, and reputation for in-house counsel; and copyright and AI. 
Upcoming CLEs By Billie J. Constant Rural Practice, October 2025 Don't forget to regularly check the CLE calendar for programs that may impact your practice!
Upcoming Events By ADR Section Council Alternative Dispute Resolution, August 2025 Learn more about upcoming mediation trainings and the 2025 ADR Summit.
Upcoming Webinars Elder Law, January 2025 Mark your calendars for these upcoming webinars from the Office for Older Americans at the Consumer Financial Protection Bureau. 
An Update from the Chair By Angel Wawrzynek Rural Practice, April 2025 A message from the chair regarding recent section council activity.
Update on Status of Corporate Transparency Act By Craig R. Hedin Business Advice and Financial Planning, July 2025 On March 21, 2025, FinCEN issued an interim final rule that removes U.S. entities from the definition of “reporting company” and added a new exemption to expressly exempt U.S. entities from the reporting requirements of the CTA. 
Update on Status of Corporate Transparency Act By Craig R. Hedin Corporate Law Departments, March 2025 On March 21, 2025, FinCEN issued an interim final rule that removes U.S. entities from the definition of “reporting company” and added a new exemption to expressly exempt U.S. entities from the reporting requirements of the CTA. 
Update on Status of Corporate Transparency Act By Craig R. Hedin Mineral Law, March 2025 On March 21, 2025, FinCEN issued an interim final rule that removes U.S. entities from the definition of “reporting company” and added a new exemption to expressly exempt U.S. entities from the reporting requirements of the CTA.