Articles From 2026

Chicago Bar Association Employee Benefits Committee By Lee Polk Corporate Law Departments, January 2026 The outline for the Chicago Bar Association Employee Benefits Committee Meeting, hosted on November 21, 2025, discussing various issues related to alternative assets, investments, and defined contribution plans. 
Cisco Systems, Inc. v. Doe: The Supreme Court Slams the Door on Present-Day Alien Tort Statute Claims By Cindy G. Buys Human and Civil Rights, September 2026 In June 2026, the U.S. Supreme Court issued a 6-3 decision in Cisco v. Doe, Case No. 24-856, which significantly limited future claims under the Alien Tort Statute (ATS), 28 U.S.C. § 1350, by holding that federal courts may not recognize new causes of action under the ATS. This decision means that many victims of human rights violations by U.S. and foreign actors overseas are unlikely to obtain relief in U.S. federal courts.
Cisco Systems, Inc. v. Doe: The Supreme Court Slams the Door on Present-Day Alien Tort Statute Claims By Cindy G. Buys International and Immigration Law, August 2026 In June 2026, the U.S. Supreme Court issued a 6-3 decision in Cisco v. Doe, Case No. 24-856, which significantly limited future claims under the Alien Tort Statute (ATS), 28 U.S.C. § 1350, by holding that federal courts may not recognize new causes of action under the ATS. This decision means that many victims of human rights violations by U.S. and foreign actors overseas are unlikely to obtain relief in U.S. federal courts.
CLE Chair Report By Andrew G. White Real Estate Law, August 2026 Enacted in 2025, IRC Section 1062 allows sellers or farmland to defer capital gains over four (4) equal amount installments rather than pay in the year of the sale. This became an off-camera conversation at the February 2026 Ag Law Seminar. 
CLE Chair Report By Andrew G. White Agricultural Law, June 2026 Enacted in 2025, IRC Section 1062 allows sellers or farmland to defer capital gains over four (4) equal amount installments rather than pay in the year of the sale. This became an off-camera conversation at the February 2026 Ag Law Seminar. 
CLE Chair Report By Andrew G. White Agricultural Law, March 2026 A recap of the 32nd Annual Ag Law Seminar, held on February 6, 2026, in Bloomington, Illinois. 
CLE Corner Rural Practice, May 2026 Don't forget to check out CLE's that the Rural Practice Section has collaborated on, co-sponsored, or may be planning in the future. 
CLE Deadline Reminder Real Estate Law, June 2026 If your last name ends in A-M, your CLE reporting deadline is June 30, 2026. Don't forget to take advantage of ISBA-offered CLE's!
CLE Deadline Reminder Real Estate Law, May 2026 If your last name ends in A-M, your CLE reporting deadline is June 30, 2026. Don't forget to take advantage of ISBA-offered CLE's!
CLE Opportunities! International and Immigration Law, February 2026 Don't miss upcoming CLE programming hosted by the International and Immigration Law Section!
Clerkships: An Insider’s Perspective By Emma G. Overton Young Lawyers Division, February 2026 An in-depth look at clerkships that allow attorneys early in their careers to sharpen their legal writing and analysis skills, gain meaningful insight into the inner workings of the judicial process, and help shape their future careers. Learn more about the application and interview process, as well as advice for a successful clerkship.
CoLT Tips and Tricks By Nerino J. Petro, Jr. Legal Technology, Standing Committee on, April 2026 From tuning up your computer, snipping tools, connecting your cell phone to your computer, and iPad shortcuts, learn more about technology tips that you can incorporate into your practice today! 
Community Land Trusts and Shared Equity Homeownership: A Primer for Illinois Real Estate Practitioners By Jenna L. Kearns Real Estate Law, June 2026 Community land trusts are a growing component of Illinois’s housing landscape and a locally implemented expression of a nationally recognized shared equity homeownership framework. With operating CLTs in both urban and non‑urban regions and legislation under consideration that would formalize public support for the model, practitioners should expect CLTs to remain a relevant feature of residential real estate practice.
Competing Interests: The Interplay Between Mental Health Protections and the Best Interest Factors By John C. Wroblewski Family Law, June 2026 The Illinois Legislature adopted the Mental Health and Developmental Disabilities Confidentiality Act in 1979 to protect the confidentiality of mental health treatment records and communications. The Illinois Supreme Court acknowledged the importance of confidential mental health treatment in the case of D.C. v. S.A., and family law attorneys and child advocates should be familiar with the Act, particularly when it comes to examining best-interest factors for child-related issues under the IMDMA. 
Confessions of a Young Attorney By Deborah Cain Young Lawyers Division, February 2026 A reflection of the practice of law from a young attorney on doing your best. 
Conversation Starters By Audrey Stallings Young Lawyers Division, September 2026 It’s no secret that legal professionals are experiencing mental health challenges at rates far higher than that of the average U.S. adult. While the profession has made strides in addressing these mental health challenges and raising awareness, it is important that practitioners are able to implement these changes in their day-to-day lives. One part of creating a mental-health focused profession that is often overlooked is giving attorneys the tools they need to start honest conversations about mental health with one another.
Copy Editing Is Not a Remedy Available in Court By David C. Brezina Intellectual Property, September 2026 The Court of Appeals for the Federal Circuit addressed a claim for a positive injunction essentially requiring copy editing. Specifically, US Inventor, Inc. v. Squires sought to order the Commissioner of Patents and Trademarks to more completely qualify the statement published on issued patents that the patent “grants to the person(s) having title to this patent the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States of America or importing the invention into the United States of America . . . .”
Correct Analysis Regarding “Particular Social Group” in Asylum Claims By Ralph E. Guderian Diversity Leadership Council, June 2026 To be granted asylum in the United States, a person must demonstrate that he or she is a “refugee,” that he or she is not barred from asylum for any of the reasons listed in U.S. immigration laws, and that the decision-maker should grant asylum as a matter of discretion. However, case law has infused certain flaws into the analysis that must be addressed and corrected.
Correct Analysis Regarding “Particular Social Group” in Asylum Claims By Ralph E. Guderian International and Immigration Law, April 2026 To be granted asylum in the United States, a person must demonstrate that he or she is a “refugee,” that he or she is not barred from asylum for any of the reasons listed in U.S. immigration laws, and that the decision-maker should grant asylum as a matter of discretion. However, case law has infused certain flaws into the analysis that must be addressed and corrected.
The County Jail Good Behavior Allowance Act Does Not Apply To Pre-Trial Sanction Requiring Incarceration By Jessica Koester Criminal Justice, January 2026 People v. Seymore, an Illinois Supreme Court case, analyzed the issue of whether a 30-day sanction for violating the terms of pre-trial electronic monitoring was entitled to the good-behavior credit under 730 ILCS 130/3. 
Court Addresses Vocational Rehabilitation in Three Recent Cases By Lindsey Beukema Workers’ Compensation Law, April 2026 Case summaries of three recent appellate cases, relating to: refusing a light duty return to work, affirming an award of permanent total disability benefits under the "odd-lot" theory, and denying a researcher with multiple advanced degrees vocational rehabilitation. 
Court Holds OSHA Standard as Illinois Public Policy in Retaliatory Discharge Claim Against Nursing Home After Complaints of Glove Shortages By Lawrence A. Manson Elder Law, April 2026 In December 2025, the Illinois appellate court considered whether a formerly employed registered nurse could sue his former nursing home employer for retaliatory discharge after his complaints about the facility not maintaining an adequate supply of sterile gloves for staff. The appellate court found that the amended complaint did sufficiently plead the public policy element of a retaliatory discharge claim.
Court Holds OSHA Standard as Illinois Public Policy in Retaliatory Discharge Claim Against Nursing Home After Complaints of Glove Shortages By Lawrence A. Manson Health Care Law, March 2026 In December 2025, the Illinois appellate court considered whether a formerly employed registered nurse could sue his former nursing home employer for retaliatory discharge after his complaints about the facility not maintaining an adequate supply of sterile gloves for staff. The appellate court found that the amended complaint did sufficiently plead the public policy element of a retaliatory discharge claim.
Court News Elder Law, March 2026 Recent changes at the Illinois Supreme Court include new statewide forms and amendments to Supreme Court Rules 307, 10-101, and 9, while the United States Court of Appeals for the 7th Circuit is seeking public comments on potential changes to Circuit Rule 40(e). 
Court Says the Illinois Emergency Medical Services Systems Act Sets a High Bar By Lawrence A. Manson Health Care Law, March 2026 The Illinois Emergency Medical Services Systems Act limits the liability of health care workers and others regarding the transport and care in both emergency and non-emergency situations. In late 2025, an Illinois appellate court considered what an injured patient must allege to overcome the limitations of the EMS Systems Act when injured during the transfer from a hospital to a nursing and rehabilitation facility.
Criminal Conduct When Intoxicated By Ted Hammel & Kristen Messamore Traffic Laws and Courts, January 2026 A person who is intoxicated (a/k/a voluntarily wasted) is usually responsible for their criminal conduct, but…the Illinois Supreme Court held in 2023 that evidence of voluntary intoxication may be used to attack a state's claim that defendant had requisite specific intent to commit charged offense. 
A Culture of Copious Drinking: United States v. Hemani and the Limits of Historical Analogies Under the Second Amendment By Kulmeet Galhotra Cannabis Law, September 2026 On June 18, 2026, the Supreme Court decided United States v. Hemani, holding that the federal government's prosecution of a regular cannabis user under 18 U.S.C. § 922(g)(3) violated the Second Amendment as applied.
Custom ChatGPTs: Navigating Legal and Ethical Compliance for Public-Facing AI Tools By Carolyn Elefant Rural Practice, August 2026 Custom versions of ChatGPT for public use can raise legal and ethical considerations, including applications of these tools, ethical AI disclosure, attorney-client relationship, confidentiality, the unauthorized practice of law, and attorney supervision. While it is necessary to consider these factors, there are practical solutions you can implement to ensure compliance and protect both users and legal practitioners. 
Custom ChatGPTs: Navigating Legal and Ethical Compliance for Public-Facing AI Tools By Carolyn Elefant Agricultural Law, April 2026 Custom versions of ChatGPT for public use can raise legal and ethical considerations, including applications of these tools, ethical AI disclosure, attorney-client relationship, confidentiality, the unauthorized practice of law, and attorney supervision. While it is necessary to consider these factors, there are practical solutions you can implement to ensure compliance and protect both users and legal practitioners. 
Cyber Risks and Insurance Gaps: Lessons From Villa Financial and Galey Consulting By Sophie Stevanovich Insurance Law, January 2026 Two recent decisions from the First District of the Illinois Appellate Court, Villa Financial and Galey Consulting, addressed issues relating to an insurer's liability to cover cyber-related incidents.