Articles From 2025

Editor’s Note By William J. Anaya Environmental and Natural Resources Law, September 2025 A note from the Editor of the Environmental Law Section Council Newsletter regarding the current issue. 
Editor’s Note By William J. Anaya Environmental and Natural Resources Law, August 2025 A quick note from the Editor of the Environmental and Natural Resources Law Newsletter. 
Editor’s Note By Alexis Ferracuti Workers’ Compensation Law, August 2025 A note from the Editor of the Workers' Compensation Law Newsletter. 
Editors’ Note By William J. Anaya Environmental and Natural Resources Law, July 2025 A Note from the Editors of the Environmental Law Newsletter. 
Editor’s Note By Alexis Ferracuti Workers’ Compensation Law, July 2025 A Note from the Newsletter Editor of the Workers' Compensation Section Council about the July 2025 issue. 
Editor’s Note By Sandra Blake Mental Health Law, July 2025 A note from the Mental Health Matters Editor, Sandra Blake, regarding the proposed Pilot Project. 
Editor’s Note By Sandra Blake Diversity Leadership Council, June 2025 While the issues of diversity, equity, and inclusion come under fire, members of the ISBA continue to honor those ideals that make us a welcoming and vital organization. We strive to have our membership representative of the very people we serve professionally. 
Editor’s Note By Samuel H. Levine Construction Law, May 2025 An introduction to the issue from the editor.
Editor’s Note By Alexis Ferracuti Workers’ Compensation Law, May 2025 An introduction to the issue from the editor.
Editor’s Note By Sandra M. Blake Mental Health Law, May 2025 Happy Mental Health Awareness Month to all mental health law practitioners! The theme for the 2025 Mental Health Awareness Month is “Turn Awareness into Action.” The editor shares inspirational quotes in recognition of the celebration. 
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: Nominate Yourself for an ISBA Committee or Section Council By Kimberly Duda Bench and Bar, December 2025 Learn how you can get involved with the Bench & Bar Section Council for the 2026-2027 bar year! 
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!
Electronic Home Monitoring Following People v. Stafford, 2025 IL App (2d) 240250 By Natalia Galica Criminal Justice, December 2025 In People v. Stafford, 2025 IL App (2d) 240250, the Second District held that the defendant was not entitled to credit for the time he spent on electronic home monitoring, building on past Supreme and Appellate court precedent regarding terms in the sentencing credit statute. 
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 Federal Taxation, December 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.
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).