Articles From 2026

Become an Illinois Bar Foundation Champion By Jessica R. Durkin Traffic Laws and Courts, January 2026 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?
Becoming a Member of the Employee Benefits Section Council By Bernard G. Peter Employee Benefits, April 2026 Interested in becoming a member of the Employee Benefits Section Council? Learn more about the benefits of Section Council membership, and how you can request to join, even though the appointment deadline has passed! 
The Best Thing That Ever Happened to Me By Curt W. Ferguson Elder Law, February 2026 A reflection of a farmer's rags-to-riches story, and his hope for his children and grandchildren to reach success and happiness. 
Beyond Admissions: Why the Practicing Bar Must Lead on Legal Diversity in a Post-SFFA Era By Nicky Boothe Racial and Ethnic Minorities and the Law, May 2026 In June 2023, the U.S. Supreme Court’s landmark decision in Students for Fair Admissions v. Harvard declared that race-based affirmative action in college admissions violates the Equal Protection Clause of the Fourteenth Amendment. The ruling sent shockwaves through higher education, raising immediate concerns about the future of diversity in institutions—including law schools.
Beyond the Cubicle, Behind the Bruises: Domestic Violence and Women in the Workplace By Judge Megan Goldish Mental Health Law, February 2026 Employers can play a key role in detecting and protecting against domestic violence, which becomes especially important in the age of COVID when remote work became more dominant. Recent legislation has paved the way for workplace strategies to reduce the impact of DV, but employers can also implement policies to advance this goal. 
Beyond the Trust: Leveraging Letters of Intent By Lauren Evans Trusts and Estates, February 2026 When creating or updating a trust, many individuals focus solely on the legal document itself. While the trust establishes the framework for asset management and distribution, it often leaves room for interpretation regarding the grantor’s personal wishes, preferences and instructions. This is where a Letter of Intent, also known as a Letter of Wishes or Letter of Instruction, becomes an invaluable companion to a trust.
BIPA Cases: 7th Circuit Rules Change to Illinois Law’s Damages Provision Retroactively Limits Defendant Exposure By Jody Kahn Mason & Jason A. Selvey Labor and Employment Law, May 2026 On April 1, 2026, the Seventh Circuit held that the 2024 amendment to BIPA’s damages provision applies retroactively, eliminating the possibility of “per-scan” statutory damages for cases pending at the time of enactment. The decision significantly limits defendants’ potential exposure in pending BIPA cases, as well as limits plaintiffs' recovery, and may require courts to reassess federal subject-matter jurisdiction.
Black History Month Elder Law, February 2026 Chicago's rich history provides many landmarks that you can visit during Black History Month or any time of year: from the Jean Baptiste Pointe DuSable Monument, to Douglass Park, to the Obama Kissing Rock, and so many other sites. 
The Board of Peace Makes Its Mark, but It May Be Heading for Conflict in the USPTO By Steven L. Baron Intellectual Property, March 2026 On February 19, 2026, President Trump’s newly created Board of Peace (“BOP”) held its inaugural gathering to discuss how to rebuild Gaza. Setting aside the propriety and potential efficacy of the BOP, there are now four pending intent-to-use trademark applications filed in the United States Patent and Trademark Office (“USPTO”) for BOARD OF PEACE trademarks, two filed by the government and two filed by a non-profit.
Bock Food Law & Policy Conference Agrivoltaics Observations By Alan E. Stumpf Environmental and Natural Resources Law, February 2026 Esoteric subjects for most Illinois attorneys were presented in Carbondale, Illinois at the Simmons School of Law on September 19, 2025. However, after listening to the presentations (available online through ISBA) the information presented gives us a legal and policy background helpful to know when counselling our clients’ legal matters that relate to agricultural production.
Book Review: “Life, Law & Liberty” By Gary T. Rafool Human and Civil Rights, May 2026 A book review of Life, Law & Liberty, a memoir from Justice Anthony M. Kennedy, detailing his early life, rise to the United States Supreme Court, and prominent cases in which his legal expertise played a key role. 
Book Review: “Life, Law & Liberty” By Gary T. Rafool Senior Lawyers, February 2026 A book review of Life, Law & Liberty, a memoir from Justice Anthony M. Kennedy, detailing his early life, rise to the United States Supreme Court, and prominent cases in which his legal expertise played a key role. 
Book Review: “The Human Scale” By Gary T. Rafool Senior Lawyers, February 2026 The book, The Human Scale, details the history of Palestine, Jerusalem, the Golan Heights, Gaza, and the Sini. 
A Broken Clock Is Right Twice a Day and Other Things Your Mother Tried To Teach You: Tips for Young Lawyers By Kathleen M. Kraft Family Law, April 2026 The lessons you learned as a child can still be equally applicable in the practice of law. 
Budget Updates Elder Law, March 2026 A summary of federal and state budget updates that may impact resources and programs that serve the aging population. 
“But For” Plaintiff Motion in Limine Explained for Lost Chance By Nicholas T. Motherway Tort Law, April 2026 Learn more about the "But For" Motion in Limine that may be necessary for your next medical malpractice lost chance theory case. 
Call for Articles Elder Law, May 2026 If you have an article that you'd like to share with the Elder Law Section, consider submitting it for publication in the Elder Law Newsletter!
Call for Articles Employee Benefits, April 2026 Don't miss your chance to become a published author in the Employee Benefits Section Newsletter--find out more about how to submit an article for consideration. 
Call for Articles Elder Law, April 2026 Submit your article to the Elder Law Newsletter today!
Call for Articles Elder Law, March 2026 Learn how you can submit an article for the Elder Law Newsletter!
Call for Articles Elder Law, February 2026 Read about how you can submit your articles for the Elder Law Section Newsletter.
Call to Action: Build a Bridge From Courthouse to Community By Margie Komes Putzler & Avery TenEcyk Workers’ Compensation Law, February 2026 Illinois Supreme Court Justice Elizabeth Rochford is excited to unveil a forward and public-facing initiative: Build a Bridge from Courthouse to Community, founded on the premise that there is diminished confidence in our legal system, and it is the responsibility of lawyers and judges to make information about the operation of the courts more accessible and transparent to the people we serve. 
Call to Action: Build a Bridge From Courthouse to Community By Margie Komes Putzler & Avery TenEcyk Women and the Law, February 2026 Illinois Supreme Court Justice Elizabeth Rochford is excited to unveil a forward and public-facing initiative: Build a Bridge from Courthouse to Community, founded on the premise that there is diminished confidence in our legal system, and it is the responsibility of lawyers and judges to make information about the operation of the courts more accessible and transparent to the people we serve. 
Can a Member of a Metal Band Be Fired at Will? By Robin Shea Labor and Employment Law, January 2026 Chris Beattie, a founder of and bass player for the metalcore band Hatebreed is suing over his dismissal from the band. Despite several claims relating to Mr. Beattie's termination from the band, it is highly likely his claims will be unsuccessful. 
Case Briefs By ISBA ADR Section Council Alternative Dispute Resolution, May 2026 Select case summaries that are relevant to alternative dispute resolution, including arbitration agreement did not bind plaintiff absent clear evidence of intent, contractual waiver of right to appeal is not clear, arbitration agreement without both parties' signatures was unenforceable, and more. 
Case Briefs By ISBA ADR Section Council Alternative Dispute Resolution, March 2026 A compilation of case summaries relevant to alternative dispute resolution, including topics such as waiver of arbitration, sua sponte findings, deference to arbitral tribunals, and more. 
Case Briefs By Deborah Hawkins Alternative Dispute Resolution, February 2026 A collection of case summaries that discuss alternative dispute resolution, from staying a petition to compel arbitration, to arbitration fees, and more! 
Case Law Summary of Dakota R. Mills Longenecker v. Deborah K. Ferlita Denker, et al., 2026 IL App (4th) 250820-U By Meghan E. Tepas Trusts and Estates, May 2026 In Longenecker v. Denker, the Fourth District Appellate Court recently held that the testamentary exception does not extend to disputes over the construction or interpretation of wills or trusts. 
Case Law Update By Meghan E. Tepas Trusts and Estates, January 2026 A summary and analysis of Estate of John Podmajersky, Jr., a 1st District of the Appellate Court unpublished decision. 
Case Review: People v. Greer, 2025 IL App (1st) 232302-U By David Franks Traffic Laws and Courts, May 2026 (1) Defendant’s convictions for aggravated driving under the influence based on actual impairment were reversed where there was no evidence showing that defendant’s use of cannabis proximately caused the fatal crash. (2) There was no appellate jurisdiction to review the merits of defendant’s arguments with respect to two unsentenced, and therefore nonfinal, convictions for aggravated driving under the influence based on defendant’s THC concentration, requiring a remand for sentence on those counts. (3) Defendant’s conviction for reckless homicide was affirmed where evidence that defendant was traveling more than 90 miles-per-hour, combined with other circumstances, rationally supported the jury’s finding that his conduct was reckless, and where defendant’s remaining allegations of error either did not show an abuse of discretion or amount to clear and obvious error under the plain-error doctrine.