Articles From 2026

What Happens When Your Client “Asks Claude”: United States v. Heppner and the AI Privilege Problem By William M. Tasch Rural Practice, June 2026 A federal court's written opinion holding that a defendant's AI chats were unprivileged sends a clear signal to practitioners: clients must be counseled, early and explicitly, not to discuss their cases with AI tools—and the stakes may be higher than they first appear.
What Happens When Your Client “Asks Claude”: United States v. Heppner and the AI Privilege Problem By William M. Tasch Local Government Law, June 2026 A federal court's written opinion holding that a defendant's AI chats were unprivileged sends a clear signal to practitioners: clients must be counseled, early and explicitly, not to discuss their cases with AI tools—and the stakes may be higher than they first appear.
What Happens When Your Client “Asks Claude”: United States v. Heppner and the AI Privilege Problem By William M. Tasch Law Office Management and Economics, Standing Committee on, May 2026 A federal court's written opinion holding that a defendant's AI chats were unprivileged sends a clear signal to practitioners: clients must be counseled, early and explicitly, not to discuss their cases with AI tools—and the stakes may be higher than they first appear.
What Is the Remote Practice of Law? By Stephen B. Cohen Agricultural Law, April 2026 In this article, the author emphasizes and describes how a major event affecting all aspects of society has changed many traditional aspects of the practice of law.
What Those People Selling Generic Prompts and Skills Aren’t Telling You About Copyright By Carolyn Elefant Rural Practice, June 2026 As a general rule, only work created by humans qualify for copyright protection. Prompts alone resulting in AI-generated product don’t give humans enough control over the output to claim copyright. In other words, you’re telling the AI what you want, but you’re not controlling how it expresses that idea. The AI is. Thus, if you are using AI for marketing content for your firm, it may not be protected. 
What You Should Know About Kwong, Abdo, and the July 10, 2026, Deadline to Claim Covid-Era Tax Refunds By Sandra D. Mertens Federal Taxation, June 2026 A series of recent court decisions highlight a unique opportunity for taxpayers to claim certain refunds or abatements of penalties and interest for tax return filing and payment deadlines from January 20, 2020, through July 10, 2023. This article provides a summary overview of the key statutes, judicial opinions, and arguments, as well as steps that must be taken by no later than July 10, 2026, to take advantage of the developments.
When a Horse Is Just a Horse! Equine Qualification as a “Companion Animal” Under Illinois Law By Robert G. Lohman, III Agricultural Law, October 2026 This article will address the new HB 4540 Companion Animal amendments to the Illinois Replevin Act as they relate to and affect equines. Specifically, the intent of the article is to discuss when and how an equine is classified as a companion animal or pet as opposed to merely an income-producing asset or livestock.
When a Horse Is Just a Horse! Equine Qualification as a “Companion Animal” Under Illinois Law By Robert G. Lohman, III Animal Law, September 2026 This article will address the new HB 4540 Companion Animal amendments to the Illinois Replevin Act as they relate to and affect equines. Specifically, the intent of the article is to discuss when and how an equine is classified as a companion animal or pet as opposed to merely an income-producing asset or livestock.
When a Private Home Becomes a Regulated Workplace: Employment Law Considerations for Hiring Nannies in Illinois By Kat Gainey Diversity Leadership Council, June 2026 For many families juggling careers and children, hiring an in-home nanny often feels like a practical solution to an everyday problem. The arrangement appears personal, private, and even informal; however, unlike traditional employment relationships, in-home childcare frequently begins through word-of-mouth referrals, casual interviews, and handshake agreements. Yet few families pause to consider the legal implications that accompany recurring childcare. 
When a Private Home Becomes a Regulated Workplace: Employment Law Considerations for Hiring Nannies in Illinois By Kat Gainey Women and the Law, February 2026 For many families juggling careers and children, hiring an in-home nanny often feels like a practical solution to an everyday problem. The arrangement appears personal, private, and even informal; however, unlike traditional employment relationships, in-home childcare frequently begins through word-of-mouth referrals, casual interviews, and handshake agreements. Yet few families pause to consider the legal implications that accompany recurring childcare. 
When AI Notetakers Enter Your Client Meetings: Ethical Duties and Risks for Lawyers By Mark C. Palmer Local Government Law, October 2026 AI notetaking in legal practice is a reality that demands immediate attention. These tools are not inherently off-limits, but their use requires the same judgment lawyers bring to every other aspect of client representation. Competence, confidentiality, and candor do not pause when a recording starts.
When AI Notetakers Enter Your Client Meetings: Ethical Duties and Risks for Lawyers By Mark C. Palmer Legal Technology, Standing Committee on, June 2026 AI notetaking in legal practice is a reality that demands immediate attention. These tools are not inherently off-limits, but their use requires the same judgment lawyers bring to every other aspect of client representation. Competence, confidentiality, and candor do not pause when a recording starts.
When and How to Seek Guardianship of a Minor in Illinois By Sean Endres Rural Practice, July 2026 Deciding whether to seek guardianship for a minor can range from straightforward to deeply emotional. In some cases, guardianship is pursued for a limited, practical reason, such as enabling a minor to receive funds from a probate estate or personal injury settlement. In others, it involves difficult questions about a child’s care, safety, and long-term well-being when parents are unavailable or unable to provide proper care.
When and How to Seek Guardianship of a Minor in Illinois By Sean Endres Child Law, May 2026 Deciding whether to seek guardianship for a minor can range from straightforward to deeply emotional. In some cases, guardianship is pursued for a limited, practical reason, such as enabling a minor to receive funds from a probate estate or personal injury settlement. In others, it involves difficult questions about a child’s care, safety, and long-term well-being when parents are unavailable or unable to provide proper care.
When Can an Attorney’s Pretrial Strategies and Posttrial Conduct Raise a Question of Legal Malpractice in a Workers’ Compensation Claim? The Appellate Court Weighs In By Brent R. Eames Workers’ Compensation Law, October 2026 Stewart v. Brill & Fishel, P.C., a recent case from the First District Appellate Court, provides a helpful overview of common pitfalls which practitioners may face when taking a case to hearing, and serves as a reminder of the importance in exercising diligence in obtaining and reviewing all evidence prior to hearing, as well as communicating with the client following an adverse decision.
When Client Dies During Litigation: Steps to Take and Steps to Avoid By Janaan Hashim Federal Civil Practice, June 2026 While law school taught us much about rules of procedure, one thing my federal civil procedure course did not include is what to do when a client dies during the litigation process. Recently, this sad reality fell upon me in which a client unexpectedly passed away before my legal representation concluded.
When Does the Deliberate Encounter Exception Apply to an Open and Obvious Condition? By Brent R. Eames Tort Law, February 2026 An analysis of the appellate court’s reasoning in Hertz v. City of Fairbury: Based upon the court’s reasoning in Hertz, it should be clear that any defect which only poses a minor inconvenience to navigate will not be considered valid for purposes of invoking the deliberate encounter exception to an open and obvious condition.
When Horrible Feels Normal By Matthew Benson Family Law, October 2026 This month’s column will be short and not especially sweet. The nature of the practice of family law means dealing with people at some of the most difficult times of their lives.
1 comment (Most recent November 3, 2026)
When HR Becomes the Problem: A Worker Side Employment Lawyer’s Take on the $11.5m SHRM Verdict By David J. Fish Labor and Employment Law, January 2026 Even though human resources departments are supposed to be the internal guardrails, HR is often the accelerant. A look at the recent jury verdict against the Society for Human Resource Management highlights the importance of HR departments to protect the company and to protect fairness. 
When Is the Warrantless Seizure of Electronics Allowed? By Hon. Geraldine D’Souza Criminal Justice, April 2026 In 2025, in an unpublished opinion, the First District Appellate Court ruled in the case of People of the State of Illinois v. Joseph Cronin, dealing with the topic of the warrantless seizure of electronics in Illinois. It seems that the case law on the topic of warrantless seizures of electronics will only continue to grow in the State of Illinois. Technology is always emerging, and this is an area of law that must continue to adapt to new innovations.
When “Owner-Operator” Really Means “Independent Contractor” By Gregory S. Keltner Workers’ Compensation Law, February 2026 In Boyce v. Redbird Carriers, 25 IWCC 0327, the Illinois Workers’ Compensation Commission affirmed and adopted, without modification, the Arbitrator’s decision denying benefits on the basis that no employer-employee relationship existed between the petitioner truck driver and respondent motor carrier.
When Taking the Human Factor Into Consideration Maybe Amnesty Should Be Granted as It Was in 1986 By Ralph E. Guderian International and Immigration Law, May 2026 With increasing immigration conflict across the U.S., it is important to consider the human element in amnesty determinations. Individuals seeking asylum are already here and making them wait years for their case to be heard because of the backlog does not seem right. Further, if they have a realistic hope for asylum, to make them also suffer “cognitive dissonance”—sadness, decreased satisfaction, and intense disappointment—when their case is denied does not seem right.
When the Mind Never Adjourns: Why the Legal Brain Struggles to Leave the Courtroom Behind By Dr. Alexandra Tsang Mental Health Law, October 2026 To the brain, sustained psychological pressure can feel remarkably similar to physical danger. The human brain does not distinguish between the threat of a charging bear and the stress of a high-stakes hearing. To the human brain, they are one and the same.
When the Text Isn’t Clear: What Lawyers Should Know About the Canons of Construction By Jake A. Leahy Elder Law, February 2026 When interpreting a statute, regulation, constitutional provision, or ordinance, be sure you are familiar with how courts use canons (and when they don't), and how an argument regarding interpretation can either effectively persuade the court or stretch the law too far. 
When to Trust…Your Trust By Hon. Donald Bernardi, (ret.) Senior Lawyers, June 2026 When dealing with estate planning where property is held across multiple states, jurisdictional hurdles, conflicts of law, and full faith and credit arguments may create unnecessary complications. The lesson for Illinois practitioners may be to conduct research into the different jurisdictions in an attempt to comply with requirements and avoid costly litigation. 
Where the Workplace Ends: The Illinois Right to Privacy in the Workplace Act By Mara Baltabols & Sarah Milcarek Privacy and Information Security Law, September 2026 Illinois employees can expect a certain level of privacy in the workplace as to their personal content and interactions on the internet, as long as the employee does not cross the line between work and play. While employees have the right to their own autonomy, personal beliefs, and to engage in the use of lawful products, employers also have the right to maintain a safe workplace that properly reflects their business’s mission, values, and confidential information.
Where the Workplace Ends: The Illinois Right to Privacy in the Workplace Act By Mara Baltabols & Sarah Milcarek Intellectual Property, June 2026 Illinois employees can expect a certain level of privacy in the workplace as to their personal content and interactions on the internet, as long as the employee does not cross the line between work and play. While employees have the right to their own autonomy, personal beliefs, and to engage in the use of lawful products, employers also have the right to maintain a safe workplace that properly reflects their business’s mission, values, and confidential information.
Where the Workplace Ends: The Illinois Right to Privacy in the Workplace Act By Mara Baltabols & Sarah Milcarek Human and Civil Rights, May 2026 Illinois employees can expect a certain level of privacy in the workplace as to their personal content and interactions on the internet, as long as the employee does not cross the line between work and play. While employees have the right to their own autonomy, personal beliefs, and to engage in the use of lawful products, employers also have the right to maintain a safe workplace that properly reflects their business’s mission, values, and confidential information.
Where the Workplace Ends: The Illinois Right to Privacy in the Workplace Act By Mara Baltabols & Sarah Milcarek Privacy and Information Security Law, February 2026 Illinois employees can expect a certain level of privacy in the workplace as to their personal content and interactions on the internet, as long as the employee does not cross the line between work and play. While employees have the right to their own autonomy, personal beliefs, and to engage in the use of lawful products, employers also have the right to maintain a safe workplace that properly reflects their business’s mission, values, and confidential information.
Where’s Your Will? A Preventative Approach to the Epidemic of Lost Wills By Melissa A. Grisoni Trusts and Estates, February 2026 At a recent Trusts & Estates Section Council meeting, council members discussed the feasibility of a county will repository where testators could file their original wills during their lifetime. While the administrative hurdles of such a system are significant and the idea was not widely embraced, the conversation highlighted a pervasive and growing problem in our practice: the lost original will.