Articles From 2026

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. 
Elder Law Section Council Leadership and Roster Changes Elder Law, July 2026 Congratulations to the new and continuing leadership of the 2026-2027 Elder Law Section Council!
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 Local Government Law, June 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 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.
EPA and Corps of Engineers Release a Proposed New Definition of “Waters of the United States,” Limiting Federal Jurisdiction By Karl R. Heisler, Peter Hsiao, Douglas A. Henderson, Zaheer H. Tajani, Sydney Weiss, & Brittany Shaar Agricultural Law, May 2026 In 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.
EPA and Corps of Engineers Release a Proposed New Definition of “Waters of the United States,” Limiting Federal Jurisdiction By Karl R. Heisler, Peter Hsiao, Douglas A. Henderson, Zaheer H. Tajani, Sydney Weiss, & Brittany Shaar Environmental and Natural Resources Law, February 2026 In 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 Adults By Deborah Cain Law-Related Education for the Public, April 2026 Estate 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.
An Estate Planning Tip/Trap/Reminder: 765 ILCS 1005/1C By Michael J. Maslanka Real Estate Law, July 2026 A practice pointer on including the "magic language" in order to deed title to home into a revocable living trust and retain or create a tenancy by the entirety form of ownership in the home. 
The Ethical and Practical Realities of Maintaining Authorized Contacts for Clients By Matthew Benson Rural Practice, February 2026 A 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 Documents By Mark C. Palmer Corporate Law Departments, April 2026 The 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 Documents By Mark C. Palmer Legal Technology, Standing Committee on, March 2026 The 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 Bramlet Energy, Utilities, Telecommunications, and Transportation, February 2026 A 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.
Exclusive Possession of the Marital Residence Pursuant to the Illinois Marriage and Dissolution of Marriage Act By John D. Winters & Lena Goretsky Winters Family Law, July 2026 Seeking exclusive possession of the marital residence is an extraordinary remedy. A successful motion for exclusive possession generally requires evidence of either physical violence, credible threats, or compelling proof that continued cohabitation is causing concrete and ongoing emotional harm that cannot reasonably be remedied while the parties remain in the same residence.
EXCUSE ME, ARE YOU A LAWYER? Incivility Motivated by Bias in Our Legal System By Junaid M. Afeef Diversity Leadership Council, June 2026 Civility in the legal profession goes beyond basic courtesy. Understanding civility requires not only familiarity with professional rules of conduct but also an appreciation of how incivility has historically functioned as a tool of exclusion, particularly along lines of race, gender, and other identity-based characteristics.
EXCUSE ME, ARE YOU a LAWYER? Incivility Motivated by Bias in Our Legal System By Junaid M. Afeef Human and Civil Rights, May 2026 Civility in the legal profession goes beyond basic courtesy. Understanding civility requires not only familiarity with professional rules of conduct but also an appreciation of how incivility has historically functioned as a tool of exclusion, particularly along lines of race, gender, and other identity-based characteristics.
Failure of the Trial Court to Fully Comply With Supreme Court Rule 431 Admonishments Results in New Trial By Alan Downen Traffic Laws and Courts, April 2026 The 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 Conundrums By Sean McCumber Child Law, February 2026 In 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 Expands By Jake Zajkowski Food Law, February 2026 Solar 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 Challenge By Jake A. Leahy State and Local Taxation, March 2026 In 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.