Articles From 2026

The Intersection of Conventional Productivity Tips and Technology By Jennifer M. Danish Law Office Management and Economics, Standing Committee on, January 2026 Technology can be a powerful tool in an attorney's practice, from establishing task priority, minimizing interruptions, and increasing cognitive bandwidth; however, it is important that technology is used as an enhancer and not a substitute for independent judgment. 
ISBA Midyear Meeting Highlights From the Federal Taxation Section By Sandra D. Mertens Federal Taxation, January 2026 The Federal Taxation Section Council met during the Joint Midyear Meeting to discuss business and issues relevant to the tax community, including the One Big Beautiful Bill Act. 
ISBA Rural Practice Fellowship Program Class of 2026 Rural Practice, January 2026 Congratulations to the Fellows selected to participate in the 2026 Rural Practice Fellowship Program! 
ISBA Rural Practice Section Council Attorney Profile: Joseph Souligne Rural Practice, January 2026 A spotlight article series, highlighting a member of the Rural Practice Section Council. 
ISBA’s Environmental & Natural Resources Law Section Council Receives ABA Award for 2024 Annual Conference Environmental and Natural Resources Law, February 2026 Don't miss the 24th Annual Environmental and Natural Resources Law Spring Conference on May 21 and 22, 2026! 
Judicial Mentoring and the Future of the Illinois Bench: Building Transparent, Equitable, and Merit-Based Pathways to Judicial Service By Junaid M. Afeef Bench and Bar, February 2026 In Illinois, as in most states, the path to becoming a judge is often opaque, informal, and heavily dependent on access to professional networks that are unevenly distributed across the legal profession. Judicial mentoring could help create more transparent pathways for highly qualified lawyers—particularly those from underrepresented communities, first‑generation professionals, and lawyers without access to elite professional circles—to become judges. 
Landlord Not Entitled To Additional Insurance Proceeds for Property Damage or Lost Rental Income Resulting From Break-in and Vandalism at Three-Unit Residential Building By Genevieve M. Daniels Real Estate Law, February 2026 A summary of Bunjo v. State Farm Fire & Casualty Co., a First District case that discussed whether an owner of a three-story, three-unit residential property was covered under a homeowners insurance policy that covered losses as a result of vandalism and damages due to loss of use. Based on the facts of the case, the First District found State Farm was entitled to judgment as a matter of law and the homeowners insurance policy did not cover the alleged loss. 
Lawyers Must Build Technical Competence Before Claiming AI Competence By George Bellas Civil Practice and Procedure, January 2026 Artificial intelligence is becoming an inevitable component of practicing law, but before implementing AI into your practice, ensure you have the correct technological competency to satisfy your ethical obligations. 
Medicare Considerations for Senior Lawyers, Revisited By David Chroust Trusts and Estates, January 2026 Learn more about your Medicare options, including the potential limitations on your ability to change between Original Medicare and a Medicare Advantage Plan, and then choose the best Medicare option for you by considering your personal preferences and circumstances.
Multi-Factor Authentication is No Longer Optional for Legal Professionals By Brandon P. Woudenberg Agricultural Law, January 2026 This article emphasizes that multi-factor authentication (MFA) is essential for legal professionals, not just a 'best practice.' It highlights the increasing cyber threats in the legal industry and the need for attorneys to protect clients' data. It offers simple MFA options and discusses the risks of not using this security feature. Ultimately, the minor inconvenience of setting up MFA is worthwhile for the protection it provides against data breaches, reputational damage, malpractice claims, and disciplinary issues.
The New Receivership Act: Claims Filing, Automatic Stays, and Receivership Sales of Real Estate By Paul Peterson Agricultural Law, January 2026 This article higlights some of the key sections of the Receivership Act that a real estate practitioner or mechanics lien claimant should consider, including purpose, scope, notice, status of receiver as lien creditor, sale of real estate, contracts, injunctions, claims bar date, and discharge of the receiver. 
The New Receivership Act: Claims Filing, Automatic Stays, and Receivership Sales of Real Estate By Paul Peterson Real Estate Law, January 2026 The new Illinois Receivership Act brings a host of changes to receiverships in Illinois under certain circumstances. One of the purposes of the Act is to facilitate sales that can bring in more proceeds than would otherwise be obtained through a mortgage foreclosure, creating the necessity for all real estate practitioners to consider. 
No Access to Justice Without Access to a Lawyer: Part II By Judge James A. Shapiro & James J. Herdegen Bench and Bar, February 2026 Part II of this two-part series explores the difficulties that self-represented litigants face in the court system, particularly as it relates to Domestic Relations cases and the inability to afford an attorney, and offers solutions to increase access to justice. 
NOTE Real Estate Law, January 2026 Quick summaries of new laws for 2026 that may impact the practice of real estate law. 
Oil and Gas Law Ownership Rights and Surface Issues By David M. Foreman Real Estate Law, February 2026 Historically, an owner of real estate, in fee simple absolute, was thought to own a pie shaped cubit, extending from the center of the Earth, all the way up to the heavens. This traditional rule of ownership is a gross over simplification which, as we shall see, does not truly apply in the case of oil and gas.
One Big Beautiful Bill Act: Tax Changes for 2026 for Large and Small Businesses By Sandra D. Mertens Federal Taxation, January 2026 The One Big Beautiful Bill Act brings many changes to provisions relating to businesses, including business taxes, incentives for rural and agricultural ventures, paid family and medical leave credit, business interest deductions, excess business loss limitations, bonus depreciation, and charitable contributions. 
Philip N. Hablutzel, 1935-2026 Senior Lawyers, February 2026 In memory of Philip N. Hablutzel, a dedicated husband, father, and attorney who served in various capacities throughout his life. 
1 comment (Most recent February 13, 2026)
Pleading on Information and Belief: Time for a Change By Cathy A. Pilkington Civil Practice and Procedure, January 2026 Pleading "on information and belief" is an accepted part of pleading in Illinois; however, codified guidance from the legislature could provide needed clarity for the pleading stage. 
Practical Tips and Reminders From a Fifth-Year Plaintiff’s Personal Injury Attorney By Josephine Shanes Tort Law, February 2026 A look into tips that help a fifth-year personal injury attorney navigate the practice and the challenges that come from opposing counsel, clients, and other stakeholders. 
The Pre-Trial Conference in Family Law: Why It Matters, How It Works, and How To Make It Better By Hon. Bernadette Barrett & Rhonda J. Thompson Family Law, January 2026 Pre-trial conferences are an integral part of family law, built into the statutes that govern domestic relations matters. Judges and attorneys can take steps to ensure that pre-trials are as successful as possible in protecting children, resolving financial issues fairly, and reducing the collateral damage of litigation. 
President Trump’s Cannabis Rescheduling Order: Implications for Employment Law and Workplace Practice By Keya Denner & Tammy Woolley Labor and Employment Law, January 2026 Learn more about the Administrative Order, signed by Donald Trump, on December 18, 2025, directing the Attorney General to complete the rulemaking process to reschedule marijuana from Schedule I to Schedule III under the federal Controlled Substances Act. Although the Order focuses primarily on expanding medical marijuana and cannabidiol research, its language—and the federal findings it endorses—have potentially significant implications for employment law and workplace practices across the United States.
Profile of Ag Law Section Council Member: Garrett Thalgott By Cari Brett Rincker Agricultural Law, January 2026 This month's Agricultural Law Section Council highlight features Garrett Thalgott, an attorney with the Illinois Farm Bureau. 
Putting the Cart Before the Divorce: Pre-Decree Relocation Under 750 ILCS 5/603.5 and 5/609 By John P.M. Peskind Family Law, February 2026 The relocation statute presumes that an Allocation Judgment has already been entered in a matter; however, family law practitioners know that seeking relocation during the pendency of a proceeding is sometimes necessary. If, after considering the potential impact of a relocation on the non-relocating parent, a court finds that a relocation would serve the children’s best interest—then the children should relocate. It is difficult to see why the pre- or post-decree status of the case should have any bearing on this analysis.
Recent Appointments and Retirements Bench and Bar, February 2026 Summary of individuals who have been appointed to, and retired, recalled, and resigned from the bench. 
Recent Developments in Motions for Substitution of Judge as a Matter of Right By Dennis M. Lynch Bench and Bar, February 2026 Substitution of judge motions can be some of the most impactful motions in a case. This is especially true because if the motion is erroneously denied, all subsequent orders may be deemed void. Two recent appellate decisions have expanded the landscape of case law on substitution of judge motions and provide further guidance to judges and practitioners as to proper motion practice.
Recent Rule Making Matters of Note Environmental and Natural Resources Law, February 2026 Learn 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. 
REMINDER! Real Estate Law, February 2026 The CLE deadline for last names A-M is fast approaching--utilize your free CLE credits included in your ISBA membership! 
A Retainer Reminder and Refresher By Michael J. Maslanka Law Office Management and Economics, Standing Committee on, January 2026 At 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. 
The SEC Says It Will No Longer Consider Mandatory Arbitration Clauses Potential Roadblocks to Acceleration of Effectiveness of Registration Statements By Andrew L. Franklin Alternative Dispute Resolution, February 2026 Securities 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 Schleppenbach Alternative Dispute Resolution, February 2026 Arbitration 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.”