Articles From 2026

Defendant’s Disappearing Act Yields No Evidentiary Magic By Adam M. Miller Traffic Laws and Courts, January 2026 A case summary of People v. Talley, 2025 IL App (4th) 250432-U, and practical implications for the timeline of evidence preservation and discovery requests. 
Deviation From Maintenance Guidelines Is Supported With Sufficient Findings By Christopher W. Bohlen Family Law, January 2026 When dealing with a deviation from guideline maintenance, the court must make specific findings as to the amount and duration of non-guideline maintenance, as well as justify why the court chose to depart from guidelines. 
Discovery in Misdemeanor Cases: Why Schmidt Isn’t Enough and the “Legal Begging” for More! By Ted Hammel Traffic Laws and Courts, April 2026 It would be a most judicious amendment to our legal code to formally codify discovery in all misdemeanor cases, ensuring a new transparent and predictable legal process for receiving such information, rather than relying on the present system of selective benevolence and arduous supplication. 
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Discussion of Section 2-911 of the Cook County Code Administrative Law, March 2026 Sec. 2-911 of the Cook County Code provides that findings in administrative proceedings shall be based on the preponderance of evidence. Administrative law judges have no authority to apply an alternative standard. However, courts face issue with this standard and familiarity with the decisions that address this issue may assist in making a record for the court.
Diversity Jurisdiction and a History of How We Came to the “Nerve Center Test” for Corporate Citizenship By Jake A. Leahy Young Lawyers Division, March 2026 Diversity jurisdiction has a long history in legal jurisprudence, often ignoring corporate entities, but the Hertz "nerve center test" is a newer construction, arising from the United States Supreme Court case, Hertz v. Friend, in 2010. 
Does Medical Record Discovery Include Audit Trails? By Lawrence A. Manson Elder Law, April 2026 A First District Appellate Court case, Burnette v. Nockels, 2025 IL App (1st) 240485, explores a potential conflict between federal HIPAA law and Illinois discovery rules concerning the audit trail of medical records.
Does Medical Record Discovery Include Audit Trails? By Lawrence A. Manson Health Care Law, March 2026 A First District Appellate Court case, Burnette v. Nockels, 2025 IL App (1st) 240485, explores a potential conflict between federal HIPAA law and Illinois discovery rules concerning the audit trail of medical records.
Dogs Rule(s)!: “Dangerous” and “Vicious Dog” Determinations and Their Consequences By Hon. Joel Chupack Animal Law, February 2026 Dogs Rule(s)!: “Dangerous” and “Vicious Dog” Determinations and Their Consequences: As this article is being written at the beginning of a new year, I will make my wish known. I hope to never have another case where an owner puts in jeopardy the life of their dog. 
Don’t Taste Your Hands: How Not To Invent a Blockbuster Sweetener Like Constantin Fahlberg By Adam Sussman Food Law, April 2026 Saccharin is used to sweeten drinks, candies, baked goods, tobacco products, excipients, and as a masking agent in medicines. Since saccharin’s discovery by Fahlberg as the first artificial sweetener, additional sweeteners have been developed including aspartame, steviol glycoside, and sucralose.
The Double-Edged Sword: Artificial Intelligence in Illinois Litigation Practice By Matthew Wilger Young Lawyers Division, February 2026 As we navigate through 2026, Artificial Intelligence (AI) has become an increasingly prevalent tool in legal practice, fundamentally transforming how attorneys approach litigation. Be sure you familiarize yourself with the advantages and pitfalls of AI prior to utilizing in your practice! 
Dual Roles in Illinois Child-Welfare Proceedings: Detailed Analysis of In re E.L. and In re D.S. By Pedram Hoss Child Law, May 2026 By focusing on In re E.L. and examining related cases, it is clear that Illinois courts approve dual representation when the attorney’s advocacy aligns with the child’s best interests and no concrete conflict exists. Courts and practitioners should continue to evaluate each case individually, ensuring that representation remains faithful to the child’s welfare and grounded in statutory authority and judicial precedent.
E-Clips Summaries: January 1, 2026, to March 31, 2026 By James Nyeste Insurance Law, April 2026 Select case summaries from E-Clips covering insurance-related issues, including long term care insurance, pollution exclusion, trucking insurance, and life insurance. 
Editor’s Note By Sandra Blake Mental Health Law, May 2026 A note from the Editor of the Mental Health Law Newsletter, discussing Mental Health Awareness Month. 
Editors’ Note By William J. Anaya Environmental and Natural Resources Law, March 2026 A note regarding the current issue and a reminder to register for the award winning Environmental and Natural Resources Law Section's Spring Conference! 
Editors’ Note By William J. Anaya Environmental and Natural Resources Law, February 2026 A preview of the topics covered in this month's issue of the Environmental Law Newsletter
Editor’s Note: Make Your Arrangements for the 2026 Annual Meeting By Kimberly Duda Bench and Bar, April 2026 Don't miss the 2026 Annual Meeting at the Ritz-Carlton in St. Louis!
Editor’s Note: Save the Date for Annual! By Kimberly Duda Bench and Bar, February 2026 Don't miss the ISBA's 2026 Annual Meeting, which will occur on June 11-12, 2026 at the Ritz-Carlton St. Louis! 
Editor’s Note: What CRGA Means for Energy Laws and Lawyers By Nick Oliver Energy, Utilities, Telecommunications, and Transportation, February 2026 A note from the Editor of the EUTT Section Council Newsletter regarding the CRGA, the most impactful piece of Illinois energy legislation since the state’s landmark Climate and Equitable Jobs Act. 
Education and AI Abound By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, April 2026 A note from the Co-Editor of the Commercial Banking, Collections, and Bankruptcy Section Newsletter, including a look at benefits and challenges of artificial intelligence.
The Education Freedom Tax Credit of the OBBBA By Philip D. Speicher Federal Taxation, May 2026 One of the lesser discussed provisions of 2025’s One Big Beautiful Bill Act is the Education Freedom Tax Credit (“EFTC”). The EFTC provides a federal tax credit for contributions to approved scholarship organizations who provide funding for various educational resources, including private school tuition, tutoring, special education services, and other elementary and secondary education expenses.
Education Law Section Council Members Education Law, May 2026 Interested in joining the Education Law Section Council? Even though the deadline for nominations has passed, learn more about how you can request to join!
Elder Law Advocacy Updates Elder Law, April 2026 AARP Fraud Prevention Month and the AARP Fraud Watch Network Helpline; several bills require action from federal Congress; and the Center for Medicare Advocacy celebrates its 40th anniversary, highlighting the CMA's history, successes, challenges, and vision for the future. 
Elder Law Case Summaries: January 1, 2026, through March 31, 2026 By John Foltz Elder Law, May 2026 A compilation of case summaries that may be of interest to the elder law practitioner, including in areas such as wills, trusts, and estates; social security disability; disposition of remains; and insurance. 
Elder Law Case Summaries: October 1, 2025, Through December 31, 2025 Elder Law, February 2026 A collection of case summaries that may be useful for an elder law practitioner, including developments relating to guardianships; wills, trusts, and estates; social security disability; and medical malpractice. 
Emergency Parental Responsibility Remedies By Dana Jakusz Family Law, April 2026 An exploration of the relationship between the IMDMA and the Illinois Domestic Violence Act, focusing on how each statute can be utilized to restrict parental responsibilities. A divergence between the two acts arises when considering the permanency of restrictions under each act. 
Energy Is the New Currency: Powerful Tax Incentives in Data Center Site Selection By Eric & M. Anderson, Laura Moran, & Scott S. Nelson Environmental and Natural Resources Law, March 2026 For decades, the calculus behind data center site selection revolved around the familiar checklist: property tax abatements, sales tax exemptions, investment credits, and job creation incentives. But the new era of hyperscale computing and artificial intelligence has rewritten the playbook. In today’s landscape, megawatts matter just as much as marginal tax rates.
Energy Is the New Currency: Powerful Tax Incentives in Data Center Site Selection By Eric & M. Anderson, Laura Moran, & Scott S. Nelson Energy, Utilities, Telecommunications, and Transportation, February 2026 For decades, the calculus behind data center site selection revolved around the familiar checklist: property tax abatements, sales tax exemptions, investment credits, and job creation incentives. But the new era of hyperscale computing and artificial intelligence has rewritten the playbook. In today’s landscape, megawatts matter just as much as marginal tax rates.
“Engineering Addiction”—Social & Online Media Harms Bellwether Verdict for Plaintiff By Michael Alkaraki Tort Law, May 2026 On March 25, 2026, a California state jury rendered a $3,000,000 verdict against Meta Platforms, Inc. and Google, LLC in the trial of a case in which the now twenty-year-old female plaintiff claimed that her depression and anxiety were exacerbated by compulsive childhood use of Facebook and Instagram (Meta) and YouTube (Google) which “were deliberately designed to be addictive."
Enhancements to the Wells Process in SEC Enforcement By Junaid Zubairi, Brooke Conner, & Paris Mayfield Business and Securities Law, February 2026 Since assuming the top leadership role of the Securities and Exchange Commission in April 2025, Chairman Paul S. Atkins has focused on instituting various reforms and enhancements to the Commission’s policies and practices, with a focus on the role of the “Wells process” in enforcement matters, describing the Wells process as an extension of due process and fundamental constitutional rights.
Enhancements to the Wells Process in SEC Enforcement By Junaid Zubairi, Brooke Conner, & Paris Mayfield Corporate Law Departments, February 2026 Since assuming the top leadership role of the Securities and Exchange Commission in April 2025, Chairman Paul S. Atkins has focused on instituting various reforms and enhancements to the Commission’s policies and practices, with a focus on the role of the “Wells process” in enforcement matters, describing the Wells process as an extension of due process and fundamental constitutional rights.