The Public Official Safety and Privacy ActBy Robert P. OsgoodGovernment Lawyers, March 2026The General Assembly passed the Public Official Safety and Privacy Act last year, which is intended to combat harassment and “doxing." Broadly, the Act prohibits the displaying or posting of personal information about public officials and their immediate family members.
Putting the Cart Before the Divorce: Pre-Decree Relocation Under 750 ILCS 5/603.5 and 5/609By John P.M. PeskindFamily Law, February 2026The relocation statute presumes that an Allocation Judgment has already been entered in a matter; however, family law practitioners know that seeking relocation during the pendency of a proceeding is sometimes necessary. If, after considering the potential impact of a relocation on the non-relocating parent, a court finds that a relocation would serve the children’s best interest—then the children should relocate. It is difficult to see why the pre- or post-decree status of the case should have any bearing on this analysis.
Recent Appointments and RetirementsBench and Bar, February 2026Summary of individuals who have been appointed to, and retired, recalled, and resigned from the bench.
Recent Developments in Motions for Substitution of Judge as a Matter of RightBy Dennis M. LynchTort Law, March 2026Substitution of judge motions can be some of the most impactful motions in a case. Two recent appellate decisions have expanded the landscape of case law on substitution of judge motions and provide further guidance to judges and practitioners as to proper motion practice.
Recent Developments in Motions for Substitution of Judge as a Matter of RightBy Dennis M. LynchBench and Bar, February 2026Substitution of judge motions can be some of the most impactful motions in a case. This is especially true because if the motion is erroneously denied, all subsequent orders may be deemed void. Two recent appellate decisions have expanded the landscape of case law on substitution of judge motions and provide further guidance to judges and practitioners as to proper motion practice.
Recent Rule Making Matters of NoteEnvironmental and Natural Resources Law, February 2026Learn more about recent rules regarding environmental law, including regulation of five phthalates and one dozen 1,3-butadiene uses, proposing "threshold" risk for fomaldehyde, and more.
Recent Trademark Registration Solicitation SchemesBy David C. BrezinaIntellectual Property, March 2026It may be the new year, or it may be new scams, but several have come out from law firms that make one wonder about ethics. Trademark records are public. If a law firm discovers an unregistered business name and can turn the filing into its business, it can bill. It might bring in a “good” client with multiple marks, or other work. But neither the “existing” client’s intent, nor that they will truthfully file is apparent. Indeed, both are logically contradicted.
A Reminder to Our Section MembersReal Estate Law, March 2026The Real Estate Law Section is intended to enhance the abilities of real estate legal practitioners, disseminate information on real estate law development, educate the the public on rights and procedures associated with property ownership, and more!
REMINDER!Real Estate Law, February 2026The CLE deadline for last names A-M is fast approaching--utilize your free CLE credits included in your ISBA membership!
Report From the ChairBy Garrett ThalgottAgricultural Law, March 2026A note from the Chair of the Agricultural Law Section Council.
Responding To Work-From-Home Accommodation Requests in a Post-Covid EnvironmentBy Josh HeidelmanBusiness Advice and Financial Planning, March 2026In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court.
Restriction of Parental ResponsibilitiesBy Judge Maureen SchuetteFamily Law, March 2026An overview of the statutes, legal standards, and necessary language to include in orders to restrict parental responsibilities from the perspective of a sitting judge.
A Retainer Reminder and RefresherBy Michael J. MaslankaLaw Office Management and Economics, Standing Committee on, January 2026At the outset of any engagement, attorneys must be precise about the nature of the fee arrangement being offered to the client. This article underscores the importance of compliance for every stage of the attorney-client relationship, including the initial retainer phase.
Reverse Mortgages, Medicaid, and Help To Remain in Your HomeBy Leonard F. BergElder Law, March 2026An inquiry on the ISBA Central discussion group for Trusts and Estates asked whether a reverse mortgage would disqualify a person from receiving Medicaid benefits. The simple response is that Medicaid disqualification is not automatic; however, the larger issue is identifying resources to help a client to remain in their home.
Reverse Mortgages, Medicaid, and Help To Remain in Your HomeBy Leonard F. BergTrusts and Estates, March 2026An inquiry on the ISBA Central discussion group for Trusts and Estates asked whether a reverse mortgage would disqualify a person from receiving Medicaid benefits. The simple response is that Medicaid disqualification is not automatic; however, the larger issue is identifying resources to help a client to remain in their home.
“Rewilding” in Illinois: 20 ILCS 805/805-135By William J. AnayaEnvironmental and Natural Resources Law, March 2026Learn more about "rewilding," P.A. 104-62; effective January 1, 2026, a new statute that seems largely symbolic rather than regulatory in its current form.
Robots in Robes? Introducing the AAA’s “AI Arbitrator”By William TaschLaw Office Management and Economics, Standing Committee on, March 2026The American Arbitration Association is exploring AI in alternative dispute resolution with its new "AI Arbitrator." AI arbitration just may address some challenges for certain categories of disputes, even if significant questions about the approach remain unresolved.
Safety, Stigma, and the State: Savanna’s Law and Domestic Violence RegistriesBy Judge Megan GoldishWomen and the Law, February 2026Savanna’s Law raises questions of whether other states, including Illinois, could adopt a similar framework. Tennessee is the first state to implement a statewide public registry specifically for repeat DV offenders. While other jurisdictions maintain law-enforcement-only databases or protective-order registries, these differ significantly from a public criminal offender registry.
Save the Date for the Annual Meeting!Local Government Law, February 2026Don't miss the 2026 Annual Meeting, on June 11-12, 2026, at the Ritz-Carlton St. Louis!
The “Scarlet-I”: When Indication Becomes a MarkBy Amanda VeselyChild Law, February 2026An analysis of the Illinois Department of Children and Family Services’ Allegation #60: Branding parents or caregivers for what might have happened rather than what did. Child protection and due process can coexist, but only if risk is measured with restraint, evidence, and fairness.
Schedule A: Where Convenience & Civil Procedure ClashBy Christopher KeleherIntellectual Property, March 2026A Schedule A tactic to herd alleged infringers into a single action is testing the limits of civil procedure rules, prompting pushback from the U.S. District Court for the Northern District of Illinois.
The SEC Says It Will No Longer Consider Mandatory Arbitration Clauses Potential Roadblocks to Acceleration of Effectiveness of Registration StatementsBy Andrew L. FranklinAlternative Dispute Resolution, February 2026Securities and Exchange Commission Chairman Paul S. Atkins is on a mission to “Make IPOs Great Again.” In an Open Meeting Statement regarding the Policy Statement, Chairman Atkins acknowledged, “[t]he agency has, however, scrutinized registration statements filed by companies that have sought to include a mandatory arbitration provision in their governance documents—and injected uncertainty into whether these registration statements would be declared effective.” The September 2025 Policy Statement upends the SEC’s prior skepticism of mandatory arbitration provisions. The primary rationale for the policy shift is aligning SEC practices with recent Supreme Court case law.
Second Circuit Refuses To Compel Arbitration Under NFL Constitution, Which “Provides for Arbitration in Name Only”By Jay SchleppenbachAlternative Dispute Resolution, February 2026Arbitration agreements are generally enforceable even though they mean the parties give up certain procedural rights they would otherwise enjoy. Even though the standards for avoiding arbitration based on the design of the arbitration are high, they are not impossible to meet. The Second Circuit’s recent decision in Flores v. New York Football Giants, Inc. demonstrates where a court may refuse to compel arbitration when such procedure is “arbitration in name only.”
Securities RegulationsBy Christopher Barrett & Jordan Mulevicz McMathBusiness and Securities Law, February 2026On December 4, 2025, the Securities and Exchange Commission’s Investor Advisory Committee published its recommendation that the SEC consider adopting Artificial Intelligence disclosure rules, noting the benefits of a standardized “materiality-informed” disclosure framework that reflects the impact of AI on a company’s growth and financial results, as well as the barriers to and risks of adoption.
Securities RegulationsBy Christopher Barrett & Jordan Mulevicz McMathCorporate Law Departments, February 2026On December 4, 2025, the Securities and Exchange Commission’s Investor Advisory Committee published its recommendation that the SEC consider adopting Artificial Intelligence disclosure rules, noting the benefits of a standardized “materiality-informed” disclosure framework that reflects the impact of AI on a company’s growth and financial results, as well as the barriers to and risks of adoption.
Settling Cases by Consent JudgmentBy Hon. Alon SteinCommercial Banking, Collections, and Bankruptcy, February 2026Yes, you do have settlement authority and you are negotiating in good faith if the only thing your client can offer at a pretrial settlement conference is a consent judgment!
Smaller Estates Are Not Always Simpler To AdministerBy Hayden R. EarlYoung Lawyers Division, March 2026For many attorneys who are new to estate administration, it may be tempting to gravitate towards working on smaller estates, under the guise that probate will be simpler. Though, at first, it may seem intuitive that an estate with a single, easily identifiable asset would be easy to administer, smaller does not always mean simpler.
Spotlight on Court-Appointed NeutralsBy Judge Ann Breen-GrecoAlternative Dispute Resolution, March 2026The Southern California Mediation Association has done extensive work on promoting Court-Appointed Neutrals, most recently with a webinar that explores the benefits of Court-Appointed Neutrals, illustrating lessons that may be applicable for the effective administration of justice in Illinois.
Spotlight on Section Member Kathryn GarlowFederal Taxation, March 2026Learn more about Section Council Member, Kathryn Garlow, including her career trajectory, interests in tax law, and her hobbies.
