EPA and Corps of Engineers Release a Proposed New Definition of “Waters of the United States,” Limiting Federal JurisdictionBy Karl R. Heisler, Peter Hsiao, Douglas A. Henderson, Zaheer H. Tajani, Sydney Weiss, & Brittany ShaarEnvironmental and Natural Resources Law, February 2026In the continuing battle to define “waters of the United States,” the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication Proposed Rule on November 17 redefining WOTUS.
Estate Planning Is for the Living: The Importance of Estate Planning for Young AdultsBy Deborah CainLaw-Related Education for the Public, April 2026Estate planning can be intimidating, but it's an important part of life for everyone, regardless of age, to think about their estate plan, so that they can live life to the fullest, knowing that everything and everyone they care for is taken care of.
The Ethical and Practical Realities of Maintaining Authorized Contacts for ClientsBy Matthew BensonRural Practice, February 2026A law firm policy regarding communications with a client's designated contact may raise ethical obligations. Creating a form and a policy by which to deal with this issue is a simple endeavor; dealing with the consequences of an ethical violation is not. Proceed accordingly.
Ethical Considerations for Lawyers Using AI-Generated Audio To Summarize DocumentsBy Mark C. PalmerCorporate Law Departments, April 2026The power of AI is not limited only to its ability to summarize large text, answer questions, or to point out inaccuracies. AI can also create: Tools such as NotbeookLM, Wondercraft, and Monica Podcast have the power to condense voluminous documents into short soundbites that can be audibly consumed with ease.
Ethical Considerations for Lawyers Using AI-Generated Audio To Summarize DocumentsBy Mark C. PalmerLegal Technology, Standing Committee on, March 2026The power of AI is not limited only to its ability to summarize large text, answer questions, or to point out inaccuracies. AI can also create: Tools such as NotbeookLM, Wondercraft, and Monica Podcast have the power to condense voluminous documents into short soundbites that can be audibly consumed with ease.
EUTT Section Council Member Spotlight: Eric BramletEnergy, Utilities, Telecommunications, and Transportation, February 2026A spotlight article, featuring EUTT Section Council Member, Eric Bramlet, and a look into his practice, experiences with public utility law, and involvement in the ISBA EUTT Section Council.
Failure of the Trial Court to Fully Comply With Supreme Court Rule 431 Admonishments Results in New TrialBy Alan DownenTraffic Laws and Courts, April 2026The recent Fourth District case, People v. Dye, serves as a reminder to all that a failure to ensure the jurors are fully admonished, as required by SCR 431, can jeopardize their case: the defense by allowing a juror to be selected that may not give the defendant the benefit of his rights and the prosecution by losing a conviction.
Family vs. Fosters: When Competing Adoption Petitions Create Court ConundrumsBy Sean McCumberChild Law, February 2026In a situation where the child has been under the care of the Department of Children and Family Services for over two years, with loving foster parents, what happens when the foster parents file an adoption petition and a family member immediately, but subsequently, files their own adoption petition? This query causes problems and raises many questions over what the court should do.
Farmers in New York Fight To Protect Soil as Solar ExpandsBy Jake ZajkowskiFood Law, February 2026Solar energy is often touted by environmentalists as a valuable tool in aiming for a greener future; however, farmers may experience significant negative impacts from the rapid expansion of solar energy. But for every farmer wary of panels, there’s another who sees them as a lifeline. And it is in that divide between farmer against farmer that solar energy has exposed agriculture’s fiercest new conflict: the battle within.
Federal Court Upholds Illinois Interchange Fee Statute and Rejects Commerce Clause ChallengeBy Jake A. LeahyState and Local Taxation, March 2026In 2024, the General Assembly passed the Illinois Interchange Fee Prohibition Act, which prohibits credit card transaction fees from being assessed against the portion of a bill attributable to taxes or tips. On February 10, 2026, Judge Virginia Kendall of the Northern District of Illinois largely upheld the state law. The IBA has indicated its intent to appeal the decision, setting the stage for further appellate guidance on the limits of state regulation in the web that is the modern payment ecosystem.
Federal Student Aid Changes Effective January 1, 2026: Consequences for Family Law ClientsBy Rebecca Berlin MelzerFamily Law, May 2026The One Big Beautiful Bill Act's changes to federal student borrowing may have significant impacts on clients relating to contribution to secondary educational expenses under section 513 of the IMDMA. Without additional federal borrowing, true out-of-pocket costs to families are increasing. It is imperative that clients understand the changes, to be able to make more informed decisions on the selection of school based on the child’s and parents’ resources given the new borrowing limits.
FinCEN UpdateBy Nicky SonntagReal Estate Law, May 2026FinCEN's Anti-Money Laundering Regulations for Residential Real Estate Transfers Rule remains in limbo as a district court in Texas overturned it, which means that reporting persons are not currently required to file real estate reports with FinCEN under the new Rule.
FinCEN’s New Residential Real Estate Reporting Rule Effective March 1, 2026By Ryan StoddenTrusts and Estates, May 2026FinCEN has finalized a new rule requiring the filing of Real Estate Reports for certain residential real estate transactions. The regulation represents a significant expansion of federal AML and SAR oversight into the real estate sector to combat laundering illicit funds.
FinCEN’s New Residential Real Estate Reporting Rule Effective March 1, 2026By Ryan StoddenBusiness Advice and Financial Planning, March 2026FinCEN has finalized a new rule requiring the filing of Real Estate Reports for certain residential real estate transactions. The regulation represents a significant expansion of federal AML and SAR oversight into the real estate sector to combat laundering illicit funds.
Flinn Report Summary: December 5, 2025, Through January 30, 2026By Joseph P. O’KeefeTrusts and Estates, April 2026Highlights from the Flinn Report, including DCFS rulemakings, amendments concerning consumer legal funding loans, changes relating to unclaimed property, and more.
FOIA Amended To Address Cybersecurity ThreatsBy Jenifer L. JohnsonGovernment Lawyers, March 2026Illinois Public Act 104-0438, effective 1/1/26, makes numerous changes to the Open Meetings Act and the Freedom of Information Act (FOIA), including a change driven by cybersecurity concerns.
FOIA Case Law UpdateBy Matthew HarteCivil Practice and Procedure, May 2026A summary of three recent appellate court cases that discuss when a public body is deemed to have received an electronic FOIA request, when delayed production may expose a public body to civil penalties, and whether a court may shift the burden of in camera review to a special master.
The Forum Non Conveniens Doctrine in Refiled SuitsBy Jeffrey A. ParnessCivil Practice and Procedure, May 2026The Fifth District Appellate Court, in Richardson v. Husain, recently determined that a plaintiff's second choice of forum is entitled to "substantial deference," while one justice emphasized the importance of "public interest factors" when analyzing forum non conveniens challenges.
Forum Non Conveniens Motion to an Adjacent CountyBy Albert DurkinTort Law, March 2026It is rare that a plaintiff’s choice of forum would be overcome by a forum non conveniens motion to an adjacent county. In Seilheimer, the First District upheld a plaintiff’s right to select the forum for filing a personal injury claim.
Frivolous Appeal Results in SanctionsBy Michael R. LiedEmployee Benefits, April 2026In Girard v. Girard, the Seventh Circuit Court of Appeals recently reminded litigants that an order remanding a removed case to state court is almost never reviewable on appeal and frivolous appeals really can result in sanctions under Federal Rule of Appellate Procedure 38.
Frivolous Appeal Results in SanctionsBy Michael R. LiedCorporate Law Departments, April 2026In Girard v. Girard, the Seventh Circuit Court of Appeals recently reminded litigants that an order remanding a removed case to state court is almost never reviewable on appeal and frivolous appeals really can result in sanctions under Federal Rule of Appellate Procedure 38.
Frivolous Appeal Results in SanctionsBy Michael R. LiedFederal Civil Practice, March 2026In Girard v. Girard, the Seventh Circuit Court of Appeals recently reminded litigants that an order remanding a removed case to state court is almost never reviewable on appeal and frivolous appeals really can result in sanctions under Federal Rule of Appellate Procedure 38.
From Appointment to Action: ISBA YLD’s Proposed Resolution for Language Equity in Legal PracticeBy Kassandra MorfinYoung Lawyers Division, April 2026While Rule 1.4 of the Rules of Professional Conduct require an attorney reasonably communicate with his or her client to aid the client to effectively participate in the legal matter, guidelines regarding language barriers and interpreters are lacking. The ISBA YLD Section Council is conducting research in an effort to influence an amendment to Rule 1.4, clarifying requirements for adequate representation of native foreign language litigants.
From the EditorBy James NyesteInsurance Law, April 2026A note from the Editor of The Policy, offering an introduction into the current issue.
From the EditorBy James NyesteInsurance Law, January 2026A note from the Editor of the The Policy, the newsletter of the Insurance Law Section.
FSA Information CornerBy Nancy Metzker-HandeganAgricultural Law, April 2026Limited liability companies can be utilized as an estate tool to reduce estate tax, centralize management of farmland, and prevent partitions; however, changes under the OBBBA could limit payments due to each member of the limited liability company or shareholder of a corporation. These changes may impact payments due and owing after October 1, 2026.
GAL Lists Across CircuitsBy Amy SchellekensFamily Law, February 2026Even though the Illinois Supreme Court has a rule that specifically governs GAL qualifications, many circuits throughout the State of Illinois have adopted their own rules regarding GAL appointments. The differences between each circuit may pose difficulties in enacting the reciprocity requirement of Supreme Court Rule 906.
