Articles From 2026

“Rewilding” in Illinois: 20 ILCS 805/805-135 By William J. Anaya Real Estate Law, April 2026 Learn 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 805/805-135 By William J. Anaya Environmental and Natural Resources Law, March 2026 Learn 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. 
Risks of Lawyers Posting on Social Media Case-Related Information Before or During a Jury Trial By Tim Eaton Civil Practice and Procedure, August 2026 In the case of Kroft v. Viper Trans, Inc., Cindy Kroft was injured after being rear-ended by a tractor trailer. She sued the driver of the tractor trailer, his company, and another company that leased the trailer. There were two jury trials in this case. The lesson to be learned is lawyers should not post anything on social media relating to their client’s impending trial, or during a trial, where it may be viewed as trying to influence the jury. 
Robots in Robes? Introducing the AAA’s “AI Arbitrator” By William Tasch Law Office Management and Economics, Standing Committee on, March 2026 The 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.
Rule 402A: Is It “Mandatory”? By Robin Shaw Criminal Justice, September 2026 On its face, Rule 402A appears to fit comfortably within both exceptions to the directory presumption. First, the rule contains negative language which expressly restricts the court’s authority to proceed past a specified point without substantially complying with its requirements. Second, a nonmandatory reading would be generally injurious because the rule was designed to ensure that admissions in revocation proceedings are made knowingly and understandingly. If courts were not required to follow Rule 402A in every instance, every defendant in every revocation proceeding would face a probability of injustice.
The Rule of Law By Kathryn Eisenhart Human and Civil Rights, September 2026 As lawyers, we know that our role in society is to defend the Rule of Law. We carry the Rule of Law on our shoulders. To challenge or defeat the Rule of Law the challengers must first “kill all the lawyers.”
Rural Law Practice in the News By Sam Ellis & Cari Brett Rincker Rural Practice, July 2026 While Illinois Courts Access to Justice Improvement Grant Program has closed for the 2026-2027 application period, proposals are anticipated to open in June 2027 for the 2027-2028 cycle; Iowa leaders convene to address rural legal deserts; rural public defense shortages receive national attention; Indiana selects inaugural Rural Practice Academy class; New Mexico considers alternative licensing to address rural shortages; Tennessee Symposium examines rural justice gap and regulatory reform; and new national research reviews rural access to justice service design. 
Rural Law Practice in the News By Sam Ellis & Cari Brett Rincker Rural Practice, June 2026 Learn more about Illinois' expansion of Access to Justice funding and the Court Navigator Network; Indiana's Rural Practice Academy; Kansas's plan to offer financial incentives to entice attorneys to work in legal deserts; and collaborative and technology-based models have gained traction in rural communities. 
Rural Law Practice in the News By Sam Ellis & Cari Brett Rincker Rural Practice, April 2026 News 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! 
Rural Law Practice in the News: August 2026 By Sam Ellis & Cari Brett Rincker Rural Practice, August 2026 Learn more about the National Legal Deserts Report; New York's Landlord-Tenant Hub Court; statewide access training for Illinois Court Disability Coordinators; Indiana's inaugural Rural Practice Academy; law schools and national partners continuing to build rural practice pipelines; and New Mexico's alternative pathway to licensure. 
Rural Law Practice in the News—September 2026 By Sam Ellis & Cari Brett Rincker Rural Practice, September 2026 LSAC continues rural access-to-justice webinar series; State Justice Institute report remains a national reference point for legal deserts; NCSC highlights mapping tools for rural legal deserts; and more. 
Safety, Stigma, and the State: Savanna’s Law and Domestic Violence Registries By Judge Megan Goldish Women and the Law, February 2026 Savanna’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 ISBA’s Solo & Small Firm Conference in Peoria Federal Taxation, July 2026 Join your fellow Federal Taxation Section members in Peoria on September 17–18, 2026, for the ISBA Solo & Small Firm Conference, From Log Cabin to Legacy: Growing and Sustaining a Solo or Small Firm in Illinois.
Save the Date for the Annual Meeting! Local Government Law, February 2026 Don't miss the 2026 Annual Meeting, on June 11-12, 2026, at the Ritz-Carlton St. Louis! 
SB 25 and the Surface–Mineral Relationship: Implications for Illinois Mineral Law Practitioners By John H. Henderson Mineral Law, June 2026 Senate Bill 25 marks a significant shift in Illinois’ approach to grid reliability and energy infrastructure. SB 25’s framework emphasizes long-term utility planning through integrated resource planning and a “diverse portfolio” that may include storage resources and demand-side programs.
The “Scarlet-I”: When Indication Becomes a Mark By Amanda Vesely Child Law, February 2026 An 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 Clash By Christopher Keleher Intellectual Property, March 2026 A 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 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.
The Second Circuit Builds a Wall Around China, Something Courts in the Seventh Circuit Should Avoid By Jonathan L.A. Phillips Intellectual Property, June 2026 Schedule A patent and trademark litigation has become one of the most significant, and most contentious, areas of intellectual property practice. Serving foreign defendants is not a new problem. For years, courts addressed it with a practical solution: authorize electronic service through the very platforms the defendants use. Then came Smart Study...
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.”
Second District Holds That the Amount Paid Pursuant to a High-Low Agreement Falls Within the Scope of the Illinois Joint Tortfeasor Contribution Act By Michael R. Hartigan Tort Law, February 2026 In Thompson v. Centegra Mgmt. Services, the Second District clarified the issue of whether a counterclaim for contribution was required in order to assert a set off. Pursuant to Thompson, the amount paid pursuant to the high-low agreement falls squarely within the ambit of the Contribution Act. 
Securities Regulations By Christopher Barrett & Jordan Mulevicz McMath Business and Securities Law, February 2026 On 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 Regulations By Christopher Barrett & Jordan Mulevicz McMath Corporate Law Departments, February 2026 On 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 NAMI By Susan M. Goldberg Mental Health Law, May 2026 Danielle 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. 
Selling U.S. Food Products in Peru: Key Legal Risks in Labeling, Distribution, and Trademark Protection By Dr. Alberto Miranda Food Law, June 2026 Peru is a meaningful market for U.S. food and agricultural exports, and the U.S. Department of Agriculture’s Foreign Agricultural Service (USDA/FAS) continues to describe Peru as a relevant destination for consumer-oriented products and processed food ingredients. But a U.S. company entering Peru should not assume that the regulatory path will resemble the U.S. model.
Settling Cases by Consent Judgment By Hon. Alon Stein Commercial Banking, Collections, and Bankruptcy, February 2026 Yes, you do have settlement authority and you are negotiating in good faith if the only thing your client can offer at a pretrial settlement conference is a consent judgment!
Seventh Circuit Reverses “Pizza Puff” Injunction By Steven L. Baron & Griffin Topel Intellectual Property, June 2026 In January 2026, in Illinois Tamale Co., Inc. v. LC Trademarks, Inc. and Little Caesar Enterprises, Inc., the Seventh Circuit reversed a preliminary injunction against Little Caesars on the term “Pizza Puff” and affirmed the denial of injunctive relief for “Crazy Puffs” and “Puff.” The case is a useful reminder of the standards for genericness and descriptive fair use in trademark law.
Smaller Estates Are Not Always Simpler To Administer By Hayden R. Earl Young Lawyers Division, March 2026 For many attorneys who are new to estate administration, it may be tempting to gravitate towards working on smaller estates, under the guise that probate will be simpler. Though, at first, it may seem intuitive that an estate with a single, easily identifiable asset would be easy to administer, smaller does not always mean simpler. 
Social Media Use and Abuse By David C. Brezina Intellectual Property, September 2026 A few lessons can be learned from the recent 7th Circuit case, Wenzler v. United States Coast Guard: Do not put any one of (1) government organization membership; (2) government organization officer position; or (3) wearing a uniform on a social media profile or page on which you want to post critical opinions. Certainly not all three. 
Solar Development, County Discretion, and Mineral Rights: Lessons From Equity Solar and Tate Road Solar By John H. Henderson Mineral Law, September 2026 A county may approve a utility-scale solar project above a coal reserve, but the permit does not answer who may use the surface years later, who bears subsidence risk, whether future mining can proceed, or how conflicts between competing uses will be resolved. Two recent Illinois appellate decisions nevertheless make county review newly important by dividing over how much discretion counties retain when acting on commercial solar applications.