Recent Rule Making Matters of NoteEnvironmental and Natural Resources Law, February 2026Learn more about recent rules regarding environmental law, including regulation of five phthalates and one dozen 1,3-butadiene uses, proposing "threshold" risk for fomaldehyde, and more.
Recent Trademark Registration Solicitation SchemesBy David C. BrezinaIntellectual Property, March 2026It may be the new year, or it may be new scams, but several have come out from law firms that make one wonder about ethics. Trademark records are public. If a law firm discovers an unregistered business name and can turn the filing into its business, it can bill. It might bring in a “good” client with multiple marks, or other work. But neither the “existing” client’s intent, nor that they will truthfully file is apparent. Indeed, both are logically contradicted.
A Refresher on Personal Injury Settlements for MinorsBy Josephine ShaneYoung Lawyers Division, May 2026Resolving a personal injury settlement for an adult client is usually very straightforward. However, for individuals under 18 years old involved in a personal injury matter, additional steps are required to ensure the minor’s settlement is fair and reasonable, which means court approval must be obtained.
A Reminder to Our Section MembersReal Estate Law, March 2026The Real Estate Law Section is intended to enhance the abilities of real estate legal practitioners, disseminate information on real estate law development, educate the the public on rights and procedures associated with property ownership, and more!
REMINDER!Real Estate Law, February 2026The CLE deadline for last names A-M is fast approaching--utilize your free CLE credits included in your ISBA membership!
Report From the ChairBy Garrett ThalgottAgricultural Law, March 2026A note from the Chair of the Agricultural Law Section Council.
Reserve Studies: Needed Information That Not Everyone WantsBy Paul PetersonReal Estate Law, April 2026House Bill 2563 with House Amendment 1 calls for a reserve study done every 5 years by associations with more than 15 units where the association is responsible for the repair and upkeep of major components of the building. To date, reserve studies or reserve schedules are required in 12 states.
Reserve Your Room for the 2026 Annual MeetingBy Genevieve E. Miller, Esq.Employee Benefits, April 2026The 2026 ISBA Annual Meeting will occur on June 11-12, 2026, at the Ritz-Carlton in St. Louis. Learn how to register and reserve your room.
Resource UpdatesElder Law, April 2026Don't forget about the wealth of resources available to you or your client online! The Consumer Federation of America, Center for Clinical Standards and Quality, Centers for Medicare & Medicaid Services, and more, all offer various informational resources that can aid in the practice of elder law.
Responding To Work-From-Home Accommodation Requests in a Post-Covid EnvironmentBy Josh HeidelmanBusiness Advice and Financial Planning, March 2026In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court.
Restriction of Parental ResponsibilitiesBy Judge Maureen SchuetteFamily Law, March 2026An overview of the statutes, legal standards, and necessary language to include in orders to restrict parental responsibilities from the perspective of a sitting judge.
Results of the 2026 ISBA High School Mock Trial InvitationalLaw-Related Education for the Public, April 2026The ISBA High School Mock Trial Invitational successfully occurred on March 14-March 15, 2026, at Lincoln Land Community College in Springfield. See the results!
A Retainer Reminder and RefresherBy Michael J. MaslankaLaw Office Management and Economics, Standing Committee on, January 2026At the outset of any engagement, attorneys must be precise about the nature of the fee arrangement being offered to the client. This article underscores the importance of compliance for every stage of the attorney-client relationship, including the initial retainer phase.
Rethinking Voluntary Termination of Parental Rights in Illinois: A Call for Reform to Reflect Modern Family RealitiesBy Mollie PeskindChild Law, May 2026As the law currently stands, Illinois courts cannot terminate a parent’s rights, whether voluntarily or involuntarily, unless there is an adoptive parent prepared to assume the legal and financial responsibilities for the child under the Illinois Adoption Act, or the child is adjudicated a ward of the state pursuant to the Juvenile Court Act. These two pathways, while well-intentioned, fail to account for situations in which a parent is clearly unfit under existing statutory standards, yet no suitable adoptive placement exists, and the circumstances do not warrant state intervention through a wardship proceeding.
Reverse Mortgages, Medicaid, and Help To Remain in Your HomeBy Leonard F. BergElder Law, March 2026An inquiry on the ISBA Central discussion group for Trusts and Estates asked whether a reverse mortgage would disqualify a person from receiving Medicaid benefits. The simple response is that Medicaid disqualification is not automatic; however, the larger issue is identifying resources to help a client to remain in their home.
Reverse Mortgages, Medicaid, and Help To Remain in Your HomeBy Leonard F. BergTrusts and Estates, March 2026An inquiry on the ISBA Central discussion group for Trusts and Estates asked whether a reverse mortgage would disqualify a person from receiving Medicaid benefits. The simple response is that Medicaid disqualification is not automatic; however, the larger issue is identifying resources to help a client to remain in their home.
“Rewilding” in Illinois: 20 ILCS 805/805-135By William J. AnayaReal Estate Law, April 2026Learn more about "rewilding," P.A. 104-62; effective January 1, 2026, a new statute that seems largely symbolic rather than regulatory in its current form.
“Rewilding” in Illinois: 20 ILCS 805/805-135By William J. AnayaEnvironmental and Natural Resources Law, March 2026Learn more about "rewilding," P.A. 104-62; effective January 1, 2026, a new statute that seems largely symbolic rather than regulatory in its current form.
Robots in Robes? Introducing the AAA’s “AI Arbitrator”By William TaschLaw Office Management and Economics, Standing Committee on, March 2026The American Arbitration Association is exploring AI in alternative dispute resolution with its new "AI Arbitrator." AI arbitration just may address some challenges for certain categories of disputes, even if significant questions about the approach remain unresolved.
Rural Law Practice in the NewsBy Sam Ellis & Cari Brett RinckerRural Practice, April 2026News updates relating to rural legal practice, including judicial branch targeting rural access to justice, ARDC updates attorney registration to map rural shortages, continued development of Illinois Community Justice Worker Program, and more!
Safety, Stigma, and the State: Savanna’s Law and Domestic Violence RegistriesBy Judge Megan GoldishWomen and the Law, February 2026Savanna’s Law raises questions of whether other states, including Illinois, could adopt a similar framework. Tennessee is the first state to implement a statewide public registry specifically for repeat DV offenders. While other jurisdictions maintain law-enforcement-only databases or protective-order registries, these differ significantly from a public criminal offender registry.
Save the Date for the Annual Meeting!Local Government Law, February 2026Don't miss the 2026 Annual Meeting, on June 11-12, 2026, at the Ritz-Carlton St. Louis!
The “Scarlet-I”: When Indication Becomes a MarkBy Amanda VeselyChild Law, February 2026An analysis of the Illinois Department of Children and Family Services’ Allegation #60: Branding parents or caregivers for what might have happened rather than what did. Child protection and due process can coexist, but only if risk is measured with restraint, evidence, and fairness.
Schedule A: Where Convenience & Civil Procedure ClashBy Christopher KeleherIntellectual Property, March 2026A Schedule A tactic to herd alleged infringers into a single action is testing the limits of civil procedure rules, prompting pushback from the U.S. District Court for the Northern District of Illinois.
The SEC Says It Will No Longer Consider Mandatory Arbitration Clauses Potential Roadblocks to Acceleration of Effectiveness of Registration StatementsBy Andrew L. FranklinAlternative Dispute Resolution, February 2026Securities and Exchange Commission Chairman Paul S. Atkins is on a mission to “Make IPOs Great Again.” In an Open Meeting Statement regarding the Policy Statement, Chairman Atkins acknowledged, “[t]he agency has, however, scrutinized registration statements filed by companies that have sought to include a mandatory arbitration provision in their governance documents—and injected uncertainty into whether these registration statements would be declared effective.” The September 2025 Policy Statement upends the SEC’s prior skepticism of mandatory arbitration provisions. The primary rationale for the policy shift is aligning SEC practices with recent Supreme Court case law.
Second Circuit Refuses To Compel Arbitration Under NFL Constitution, Which “Provides for Arbitration in Name Only”By Jay SchleppenbachAlternative Dispute Resolution, February 2026Arbitration agreements are generally enforceable even though they mean the parties give up certain procedural rights they would otherwise enjoy. Even though the standards for avoiding arbitration based on the design of the arbitration are high, they are not impossible to meet. The Second Circuit’s recent decision in Flores v. New York Football Giants, Inc. demonstrates where a court may refuse to compel arbitration when such procedure is “arbitration in name only.”
Securities RegulationsBy Christopher Barrett & Jordan Mulevicz McMathBusiness and Securities Law, February 2026On December 4, 2025, the Securities and Exchange Commission’s Investor Advisory Committee published its recommendation that the SEC consider adopting Artificial Intelligence disclosure rules, noting the benefits of a standardized “materiality-informed” disclosure framework that reflects the impact of AI on a company’s growth and financial results, as well as the barriers to and risks of adoption.
Securities RegulationsBy Christopher Barrett & Jordan Mulevicz McMathCorporate Law Departments, February 2026On December 4, 2025, the Securities and Exchange Commission’s Investor Advisory Committee published its recommendation that the SEC consider adopting Artificial Intelligence disclosure rules, noting the benefits of a standardized “materiality-informed” disclosure framework that reflects the impact of AI on a company’s growth and financial results, as well as the barriers to and risks of adoption.
Seeing the Humanity: Northern Illinois NAMIBy Susan M. GoldbergMental Health Law, May 2026Danielle Angilieri, the Executive Director of the Northern Illinois National Alliance for Mental Illness in Rockford, shares her career journey and offers words of wisdom when dealing with persons who may be suffering from mental illnesses.
