Articles From 2026

Generic Speeding and Erosion of the “Mere Accident” Rule By Anthony Cameron Traffic Laws and Courts, April 2026 This article discusses the continuing validity of the mere accident rule as it applies to moving violation prosecutions.
Geographical Indication Protection to Muñeca Lele of Santiago de Mexquititlán By Daniel Kegan Intellectual Property, March 2026 The USPTO protects Geographical Indications primarily through certification marks or collective marks, it has no separate GI Register. The Mexican IP Institute recently declared the traditional Otomi textile Muñeca Lele de Santiago de Mexquititlán (“Lele Doll”) a protected Geographical Indication. The Lele Doll is characterized by a round head (sometimes called a ball doll), two braided pigtails, ribbon adornments, and colorful textile clothing.
The Gift of Understanding By Susan M. Goldberg Mental Health Law, May 2026 An anecdote, thinking back to years past: As a child, every year I noticed that there was always one present that remained under our Christmas tree for several days after Christmas. It was a small gift with a tag on it that said “For Luella.” My mother told me that Luella was a woman who was in “a mental hospital."
Health Care Fraud, Public Corruption in Focus in First Six Months of U.S. Attorney’s Service in Northern District of Illinois By Jay Schleppenbach & Nicholas Hazen Criminal Justice, April 2026 Previously serving as the co-chair of Shook Hardy & Bacon's Government Investigations and White Collar Practice, and as an assistant United States Attorney, U.S. Attorney Andrew Boutros has made it clear that health care fraud, public corruption, and other types of fraud are a top white collar enforcement priority of the United States Attorney's Office for the Northern District of Illinois. 
Health Care Fraud, Public Corruption in Focus in First Six Months of U.S. Attorney’s Service in Northern District of Illinois By Jay Schleppenbach & Nicholas Hazen Health Care Law, March 2026 Previously serving as the co-chair of Shook Hardy & Bacon's Government Investigations and White Collar Practice, and as an assistant United States Attorney, U.S. Attorney Andrew Boutros has made it clear that health care fraud, public corruption, and other types of fraud are a top white collar enforcement priority of the United States Attorney's Office for the Northern District of Illinois. 
Health Privacy Elder Law, March 2026 If a covered entity creates or maintains covered SUD records, its Notice of Privacy Practices (NPP) must be updated to comply with the effective date of February 14, 2026. Learn more about what a new NPP must contain. 
Hedge Funds: A Response to a Run on the Fund By Sylvia Tolczyk Commercial Banking, Collections, and Bankruptcy, February 2026 By nature, hedge funds are highly leveraged and illiquid. Where investors rush to redeem investments, a self-reinforcing downward spiral can spread. This fear causes other investors to also request redemptions, further worsening the problem. When redemption demand outnumbers the fund’s underlying assets, hedge fund managers may face a “run on the fund.” 
Here We Go Again: Challenges to FinCEN’s Residential Real Estate Rule By Sandra D. Mertens Federal Taxation, April 2026 An update to the FinCEN real estate Final Rule saga: The Eastern District of Texas ruled that FinCEN lacked statutory grounds for issuing its 2024 Final Rule. While the Final Rule is likely to continue to be litigated, attorneys, tax practitioners, and real estate professionals should carefully watch as courts interpret the applicable laws and regulations and FinCEN responds.
HIPAA Settlements Continue Emphasis on Risk Analysis By Rick L. Hindmand & Emily Johnson Privacy and Information Security Law, February 2026 Learn more about the recommendations to mitigate or prevent cyber-threats promulgated by the Office for Civil Rights of the U.S. Department of Health and Human Services. 
Housing Rulemaking Elder Law, March 2026 On February 20, 2026, the U.S. Department of Housing and Urban Development filed a notice of proposed rulemaking to prohibit the Secretary from making financial assistance available to persons other than United States citizens or certain categories of eligible noncitizens under specified housing programs.
How the Housing Crisis Impacts Our Animal Shelters: Innovative Ordinances and Laws To Keep Pets With Their People By Ledy VanKavage Animal Law, February 2026 The housing crisis impacts both people and pets. Housing is one of the top reasons why dogs and cats are relinquished to animal shelters. Loved pets ending up in shelters is not only emotionally wrenching for the owners and the animal-shelter workers but also a waste of tax dollars. Sheltering pets is expensive. It is much cheaper to keep them with their families.
How To Make How Tos By Kimberly Hilton Legal Technology, Standing Committee on, April 2026 Technology can be useful for training purposes or just reminders on how to perform rare tasks. There are several technological tools that can be utilized to easily record "How To" videos, including Teams and ClipChamp.  
How to Successfully Manage a Remote Law Practice By Marie Sarantakis Traffic Laws and Courts, April 2026 Tips for attorneys who want to run a profitable practice that operates as a virtual, remote office. 
Hyman’s Holdings: Gnats, Camels, and Litigators By Justice Michael B. Hyman Intellectual Property, March 2026 In his column, Hyman's Holdings, featured in the Civil Practice & Procedure Newsletter, Justice Hyman explores various topics related to the legal profession. 
Hyman’s Holdings: Gnats, Camels, and Litigators By Justice Michael B. Hyman Civil Practice and Procedure, January 2026 In his column, Hyman's Holdings, featured in the Civil Practice & Procedure Newsletter, Justice Hyman explores various topics related to the legal profession. 
Hyman’s Holdings: When One Is Greater Than Two By Justice Michael B. Hyman Civil Practice and Procedure, May 2026 In his column, Hyman's Holdings, featured in the Civil Practice & Procedure Newsletter, Justice Hyman explores various topics related to the legal profession.
Illinois AI Employment Law Goes Live Soon: Are Your Hiring Practices Compliant? By Liisa Thomas & Julia K. Kadish Labor and Employment Law, January 2026 An Illinois law addressing the use of AI in the workplace took effect on January 1, 2026. The law applies to employers, employment agencies, and labor organizations within Illinois that use AI for decisions like hiring, promotion, discharge, and other terms of employment. AI is defined broadly and includes not only generative AI but any machine-based system that generates outputs influencing employment decisions, with no specific exemptions provided.
Illinois Appellate Court Holds Fair Debt Collection Practices Act Claim Does Not Fall Within Scope of Arbitration Agreement By Jay Schleppenbach Alternative Dispute Resolution, May 2026 The Illinois Appellate Court’s recent decision in Morris v. TrueAccord showed that even a broad clause will not necessarily encompass all potential disputes, as the court there concluded that a claim that arose under a federal statute and postdated the termination of the parties’ contract was not subject to arbitration under a broad clause.
Illinois Cannabis Transportation Law: Concerns and Possible Solutions By Anthony B. Cameron & Evan Bruno Traffic Laws and Courts, January 2026 While Illinois has made itself the sole United States jurisdiction to criminalize the odor of cannabis, the odor-proof container rule arguably does nothing to eliminate public harm, highlighting the necessity for amendment. 
Illinois Court Jurisdiction in Allocation Cases: When Does It End? By Matthew A. Kirsh Family Law, March 2026 While not as obvious as you might think, it does seem that a court in the state of Illinois only has jurisdiction over a child for purposes of allocation issues until the child turns 18.
Illinois Courts Uphold Survivor Rights and Remedies Related to Nonconsensual Dissemination of Private Sexual Images By Jenn Luczkowiak Privacy and Information Security Law, February 2026 As technology continues to positively change and transform our world, it also presents new ways in which abusers and criminal actors can harm. Individuals who disseminate private sexual images of others without their consent in Illinois may find themselves liable under civil law (740 ILCS 190/1) and criminal law (720 ILCS 5/11-23.5). In 2024, Illinois appellate courts grappled with cases related to these statutes and set promising precedents for survivors’ rights related to nonconsensual dissemination of private sexual images. 
Illinois Family-Lawyers Ethical Obligation to Our Clients’ Children By Sandra Crawford, J.D. Family Law, March 2026 While Illinois attorneys may not have an explicit ethical duty to protect a client's child, ethical rules governing an attorney's behavior establish responsibilities to promote, safeguard, and avoid harm to children involved in family law matters. 
Illinois HB 1312 Amends Public Higher Education Act, Requires Procedures of Public Universities By Jessica Galanos & Heather Clingerman Human and Civil Rights, April 2026 On December 9, 2025, the Illinois Public Higher Education Act was amended to include a new section titled, “Immigration Status and Immigration Enforcement," requiring all public colleges and universities in Illinois to take three actions by January 1, 2026: (1) develop procedures for reviewing and authorizing requests to enter a school’s campus; (2) post immigration enforcement resources to the school’s primary website; and (3) adopt procedures to determine if an immigration enforcement activity is occurring or has occurred on the campus. 
Illinois Medical Debt Relief Program Elder Law, March 2026 Last month, Governor Pritzker announced that the State of Illinois has erased over $1.1 billion in medical debt for more than half a million Illinoisans through the Illinois Medical Debt Relief Program. 
Illinois Multisector Plan for Aging Elder Law, March 2026 The Department on Aging recently has released EngAging Illinois: A Comprehensive Plan for Living Well, establishing a decade-long blueprint to support healthy aging in the state, while also addressing issues related to healthcare, housing, transportation, and other social determinants of health. 
Illinois Oil and Gas Advisory Board By Craig R. Hedin Mineral Law, March 2026 Key points from the Illinois Oil and Gas Advisory Board meeting, which occurred on January 22, 2026. 
Illinois Supreme Court Announcements Elder Law, April 2026 The Illinois Supreme Court has announced revised Illinois Pattern Civil Jury Instructions, draft forms for public comment, and new juror compilation procedures. 
Illinois Supreme Court Confirms That Employers Are Not Prohibited From Withholding Employment Taxes From PEDA Benefits By Brent R. Eames Workers’ Compensation Law, April 2026 In Bitner v. City of Pekin, the Illinois Supreme Court ruled that contrary to the common practices of municipalities all across Illinois, an employer is not prohibited from withholding employment taxes on benefits paid pursuant to the Illinois Public Employee Disability Act. 
Illinois Supreme Court Rule 103(b): Diligence in Planning Equals Diligence in Service By Brian Murphy Tort Law, March 2026 Plaintiff’s counsel must be proactive as it relates to obtaining proper service. It will not happen on its own. Taking simple steps can prevent big headaches.
Illinois Supreme Court Rule 300: New Procedures, Same Standard in Petitioning for Reasonable Attorneys’ Fees By Michael Rothmann Tort Law, May 2026 Effective July 1, 2025, the Illinois Supreme Court adopted Rule 300, governing attorney fee petitions. The rule allows greater flexibility in fee arrangements and clarifies what courts must review when evaluating attorney compensation. It establishes procedures for filing fee petitions in actions where fees are authorized by statute, rule, contract, or court order, and recognizes a variety of permissible fee structures beyond traditional hourly billing.