Articles From 2025

Editors’ Note By Michael J. Maslanka & Nicky Sonntag Real Estate Law, April 2025 A brief note from the editors.
Editor’s Note By Alexis P. Ferracuti Workers’ Compensation Law, March 2025 A note from the editor introducing the issue as well as an update on recent section activity from the chair. 
Editor’s Note By William J. Anaya Environmental and Natural Resources Law, March 2025 Save the date for ISBA’s 23rd Annual Environmental Law Conference on Thursday, May 22, 2025 and Friday, May 23, 2025 and an introduction to the issue from the editor.
Editor’s Note By Samuel H. Levine Construction Law, February 2025 An introduction to the issue from the editor.
Editor’s Note By Sandra M. Blake Mental Health Law, January 2025 An introduction to the issue from the editor.
Editor’s Note By William J. Anaya Environmental and Natural Resources Law, January 2025 An introduction to the issue from the editor.
Editor’s Note: Save the Date for Midyear! By Kimberly Duda Bench and Bar, September 2025 Mark your calendars for the 2025 Joint Midyear Meeting and check back for more information regarding great programming and networking opportunities! 
Editor’s Plate: Make FDA Great (And Authoritative) Again By Dave Fusaro Food Law, September 2025 President Trump, Robert F. Kennedy Jr., and Marty Makary have taken their victory laps over the past two months as one food or beverage processor after another fell in line and agreed to remove petroleum-based colors. Now it's time for that holy trinity to return the favor and strong-arm the states into repealing laws that ban not just colors but, in some cases, 50 ingredients. Or pre-empt them.
Elder Law Case Summaries: April 1, 2025, through June 30, 2025 By John W. Foltz Trusts and Estates, September 2025 Summarise of case decisions that will impact elder law practitioners, particularly in the areas of guardianship; wills, trusts and estates; social security disability; pensions; and discriminatory firing practices. 
Elder Law Case Summaries: April 1, 2025, through June 30, 2025 By John W. Foltz Elder Law, August 2025 Summarise of case decisions that will impact elder law practitioners, particularly in the areas of guardianship; wills, trusts and estates; social security disability; pensions; and discriminatory firing practices. 
Elder Law Section Council Leadership and Roster Changes Elder Law, July 2025 Welcome to the 2025-2026 Bar Year!
Employers Beware: GIPA Is Coming for You! By Hon. Joel Chupack Civil Practice and Procedure, March 2025 Just as soon as you were getting a handle on BIPA, along comes GIPA. The Genetic Information Privacy Act became law on January 1, 1998. This was 10 years before the passage of the Biometric Information Privacy Act. Now, 25 years later, GIPA is having its day in the sun. So, why the fuss on GIPA now? There is not one state court appellate decision interpreting GIPA and only a handful of federal court decisions. However, in the past year, at least 20 GIPA lawsuits have been filed in the Circuit Court of Cook County. This article will focus on GIPA in the hiring of employees, as that is where the violations are being asserted.
The End Is Near By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, November 2025 An introduction to the current issue and a nod to the close of 2025. 
End of Year Donations Elder Law, November 2025 As 2025 ends, please consider including advocacy organizations, assistance programs, legal aid providers, and law schools as part of your end of year donations. Not-for-profit organizations receive most of the donations that make their services possible during November and December.
Enforceability of Non-Compete Agreements in Illinois By Ariana Thao & Lawrence Stark Intellectual Property, December 2025 Non-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 Illinois By Ariana Thao & Lawrence Stark Agricultural Law, September 2025 Non-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 Illinois By Ariana Thao & Lawrence Stark Corporate Law Departments, June 2025 Non-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 Illinois By Ariana Thao & Lawrence Stark Employee Benefits, June 2025 Non-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 Illinois By Ariana Thao & Lawrence Stark Elder Law, May 2025 Non-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 Collage Environmental and Natural Resources Law, July 2025 The 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. Buys Diversity Leadership Council, June 2025 At 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. Buys Women and the Law, May 2025 At 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. Buys Human and Civil Rights, April 2025 At 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 Animals By Timothy S. Midura Elder Law, July 2025 This 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 Animals By Timothy S. Midura Trusts and Estates, June 2025 This 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 Animals By Timothy S. Midura Animal Law, May 2025 This 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. Maslanka Trusts and Estates, November 2025 Ensure 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. Maslanka Real Estate Law, September 2025 Ensure 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.  
3 comments (Most recent September 21, 2025)
The Ethical and Practical Realities of Maintaining Authorized Contacts for Clients By Matthew Benson Trusts and Estates, July 2025 There are practical benefits to attorneys and law firms to ineract with a client's designated authorized contact.
The Ethical and Practical Realities of Maintaining Authorized Contacts for Clients By Matthew Benson Elder Law, June 2025 There are practical benefits to attorneys and law firms to ineract with a client's designated authorized contact.