2026 Articles

2025 Joint Midyear Meeting Photos February 2026 The Illinois State Bar Association and the Illinois Judges Association proudly co-hosted the 2025 Joint Midyear Meeting on December 11–12 at the JW Marriott Chicago, bringing members of the legal community together for two days of connection and collaboration.

Become an Illinois Bar Foundation Champion By Jessica R. Durkin February 2026 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?

Challenging a De Facto Administrative Review: Objecting to Any Sua Sponte Review of an Administrative Agency by a Circuit Court When No Administrative Review Complaint Has Been Filed By Hon. Alon Stein February 2026 If you are faced with a situation where a circuit court is seeking to review administrative actions that would undo favorable rulings issued by an administrative agency, you should consider objecting on the grounds that the circuit court lacks jurisdiction to examine whether an administrative agency has followed its procedures, especially if an administrative review complaint has not been filed.

Education and AI Abound By Hon. Michael J. Chmiel 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.

Hedge Funds: A Response to a Run on the Fund By Sylvia Tolczyk 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.”

The New Receivership Act: Claims Filing, Automatic Stays, and Receivership Sales of Real Estate By Paul Peterson February 2026 This article higlights some of the key sections of the Receivership Act that should be considered in practice, including purpose, scope, notice, status of receiver as lien creditor, sale of real estate, contracts, injunctions, claims bar date, and discharge of the receiver.

Protecting Aircraft Collateral Protects Lenders By Michael G. Cortina April 2026 Secured loans require collateral, and lenders usually protect the collateral with certain provisions—like requiring insurance in a certain amount. But insurance alone may not be sufficient for uncommon types of loans. Counsel for lenders should strongly encourage that their clients require aircraft borrowers have their aircraft be enrolled in a bank-approved engine program as part of the loan agreement.

Settling Cases by Consent Judgment By Hon. Alon Stein February 2026 Yes, 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!

Unforeseeable Business Circumstances Exception as a Defense to a Claim Brought Under the WARN Act By Hon. Alon Stein April 2026 The WARN Act requires that business enterprises which employ 100 or more employees give employees 60-days notice in advance of any mass layoffs or plant closings, unless certain exceptions apply. The Unforeseeable Business Circumstances Exception is very fact sensitive. Attorneys need to be aware of this argument when defending WARN Act claims.

Updated Judgment Enforcement Forms: Citations To Discover Assets By Robert G. Markoff April 2026 The Administrative Office of the Illinois Courts, Access to Justice Division, Forms Project, has just released updated forms for the enforcement of judgments. The new forms are effective immediately. They incorporate changes required by Public Act 104-0120 effective January 1, 2026.

Welcome to 2026 Where Life Happens as We Try To Hold the Line on Decorum By Hon. Michael J. Chmiel February 2026 A note from the Editor of the Commercial Banking, Collections, and Bankruptcy Newsletter regarding the current issue and the start of the new year.

You Can Run but Can’t Hide: Service via Social Media, Email, and Text Messages By Hon. Alon Stein & Hon. Yolanda Sayre February 2026 Have you ever had that elusive defendant that was dodging service? How amazing would it be if you could text the summons and complaint to that defendant or serve him or her via Facebook through an account where he or she had continuously posted pictures of their lavish vacation? The good news is: you can!

You Have a Right for Discovery and a Hearing: When Defending 2-619 Motions To Dismiss You Can Seek Discovery and Have an Evidentiary Hearing By Hon. Alon Stein April 2026 When served with a 2-619 Motion to Dismiss early in litigation, the respondent needs to know that there are tools at its disposal to prevent a potential rush to judgment, such as discovery and an evidentiary hearing. Carefully review the Illinois Code of Civil Procedure, Illinois Rules of Evidence, and Illinois Supreme Court Rules for the tools that can be used to combat a 2-619 Motion to Dismiss.