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Recent Section Newsletter Articles
December 2024
November 2024
October 2024
December 2024
Bench and Bar
Become an Illinois Bar Foundation Champion
Justice Is in the Doing
Navigating the Future of Commercial Litigation: Top Five Trends to Watch in 2025
Notebook LM: A Powerful and Useful Tool
Recent Appointments and Retirements
Civil Practice and Procedure
Become an Illinois Bar Foundation Champion
Pre-suit Information Preservation Duties in Multistate Cases
Reforming Illinois’ Biometric Information Privacy Act: A Crucial Move Towards Balance
Commercial Banking, Collections, and Bankruptcy
Become an Illinois Bar Foundation Champion
Burrink Commercial Services v. New Life Covenant Church
Navigating the Future of Commercial Litigation: Top Five Trends to Watch in 2025
New Rule: Service of Process in Cook County
Notebook LM: A Powerful and Useful Tool
Winter 2024 Is Here
Environmental and Natural Resources Law
Become an Illinois Bar Foundation Champion
Illinois Paves Way for Carbon Capture and Sequestration with SAFE CCS Act
Things Once Old, May Be New Again, and Then Some
What Do We Mean by ESG?
Family Law
Become an Illinois Bar Foundation Champion
Chair’s Column
A Closer Look at
In Re Marriage of Zamudio
and the Potential Impact on Allocating Early Retirement Subsidies in Divorce (Part 2)
Effectively Transitioning Your Matter for Appeal
When the Child Brings a Parentage Case: The Applicable Authority
Federal Taxation
Become an Illinois Bar Foundation Champion
Changes to Estate Tax Planning May Be Needed for Closely-Held Businesses with Key Man Insurance Policies Securing Buy-Out Agreements
Food Law
Become an Illinois Bar Foundation Champion
Food Safety — An Overview
Industrial Hemp Production Contracts
Report Details Impact of Glyphosate Loss on Farm Bill Programs
U.S. Domestic Hemp Production Program
You, Your Idea, Your Farm, or Your Organization Could Be Front and Center at the 4th Annual Soil Health Week, the First Week of March
Intellectual Property
Become an Illinois Bar Foundation Champion
Can You Register a Country Name for Trademark?
Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence
Intellectual Improbabilities™
Intra-Third-Party Squabble Results in Sixth Circuit Opinion Applying Lanham Act to Political Marks
Law Related Education for the Public
Become an Illinois Bar Foundation Champion
So, You Think You Want to Go to Law School?
Update on Artificial Intelligence in the Illinois Courts
Mineral Law
2025 Oil and Gas Assessment Schedule
Become an Illinois Bar Foundation Champion
New Carbon Capture and Sequestration Act & CCS Project Update
Oil and Gas Advisory Board
USEPA Finalizes Rule to Collect Waste Emissions Charge
Real Estate Law
Become an Illinois Bar Foundation Champion
Burrink Commercial Services v. New Life Covenant Church
Case Summary of
Tyler v. Hennepin County, Minn.
False Bravado: How Estate Planning and Corporate Entities Can Be Undone by Municipal Violations
Note
Query
Upcoming CLEs
State and Local Taxation
Illinois Supreme Court Reviews How Cook County’s Motor Fuel Tax Applies to So-Called “Book-Out Transactions” in
Marathon v. Cook County
ISBA State & Local Taxation Section Council Meeting Minutes
Tort Law
Become an Illinois Bar Foundation Champion
Plaintiffs Recover First: How to Reduce Health Care Providers’ Liens Below Statutory Limits
“Relating Back” Additional Allegations Against a Defendant for the Conduct of a Previously Unnamed Employee/Agent After the Statue of Limitations Has Expired
Trusts and Estates
Elder Law and Special Needs Update Year–End 2024 and More
Illinois Trust Code Amendments Adding New Obligations for Trustees
The Logistics of Handling Powers of Attorney Under the Recent Amendments to the Act – Reasonable and Unreasonable Cause to Refuse
Spotlight on Trusts & Estates Section Council Member Gary R. Gehlbach
Statutory Amendments Affecting the Illinois Power of Attorney for Property – Boon or Bane for Estate Planning Attorneys?
Women and the Law
Become an Illinois Bar Foundation Champion
Chair’s Column
Governor J.B. Pritzker Signs Into Law the House Bill 5142
Judge Geraldine (Geri) D’Souza: Diving to the Depths for Justice
Judicial Spotlight: Hon. Amanda Byassee Gott
Lilly Ledbetter
Workers’ Compensation Law
Become an Illinois Bar Foundation Champion
Claimant Can Receive Benefits Under Sections 8(e)18 and 8(d)2 of the Workers Compensation Act
Editor’s Note
Teen Lifeguard Entitled to Award Despite Lack of Knowledge of Pool Rule Leading to His Injury:
City of Mascoutah v. IWCC
Young Lawyers Division
24 Legal Practice Tips
5 Great Tips for How to Move Up in Your Career as a Young Lawyer
End of Year Reflections for Young Lawyers
November 2024
Alternative Dispute Resolution
Case Briefs
Jordan Chiles Olympics Controversy Highlights Arbitral Issues
New Federal Reporting Requirement for Your Law Firm This Year
Animal Law
Become an Illinois Bar Foundation Champion
Member Spotlight: Robert G. Lohman, III
Opportune Gaps in Animal Law Practice
Corporate Law Departments
Amendments to Illinois Human Rights Act to Take Effect in 2025
Become an Illinois Bar Foundation Champion
E-Tailer Beware: The Seventh Circuit Clarifies the Framework for Enforceability of Digital E-Commerce Agreements
Post-Election Privacy Priorities; What’s Next?
Education Law
Become an Illinois Bar Foundation Champion
Legislative Update: New Education Laws
Special Education Assistance for Families provided by the Illinois Guardianship & Advocacy Commission
Employee Benefits
Become an Illinois Bar Foundation Champion
New Regs Implement SECURE Changes to Plan Distributions (Part 1)
New Regs Implement SECURE Changes to Plan Distributions (Part 2)
Energy, Utilities, Telecommunications, and Transportation
Become an Illinois Bar Foundation Champion
Chair’s Column
Climate Change Litigation – States vs. States
Editor’s Note
Illinois Paves Way for Carbon Capture and Sequestration with SAFE CCS Act
Family Law
Chair’s Column
The Effects of Vicarious Trauma for Family Law Attorneys
Navigating Family Law: Why Anger Management Isn’t Enough in Domestic Violence Cases
Food Law
10 Careers in Food Science: Driving Innovation and Sustainability in the Food Industry
Documentary Review: A Look at 2023’s ‘No Farmers, No Food’
Food Labeling and Food Advertising in China
Government Lawyers
Become an Illinois Bar Foundation Champion
Illinois Personnel Records Review Act: A New Era of Transparency and Access
New Department of Justice Local Government Website Rules
Pro Bono Work and Government Lawyers
Roz Kaplan Government Service Award Call for Nominations
What Is Civility Anymore in Government Practice?
Insurance Law
Become an Illinois Bar Foundation Champion
E-Clips Summaries
Featured Cases
From the Editor
Is an Insured-versus-Insured Exclusion in a D&O Policy an Illegal
Ipso Facto
Clause?
Legal Technology, Standing Committee on
2024 Love Data Week
Become an Illinois Bar Foundation Champion
Business Data Privacy Standards and the Impact of Artificial Intelligence
CoLT Tips and Tricks
Real Estate Law
Can a Trustee Execute a Warranty Deed?
Genie in the Bottle: Rule 137 Sanctions
Legislative Update
Review of Agency (And No Agency) Under the Illinois Real Estate License Act
State and Local Taxation
Become an Illinois Bar Foundation Champion
Illinois Appellate Court Holds Lowe’s Violated the Illinois False Claims Act by Remitting Illinois Use Tax and Not Retailers’ Occupation Tax on Certain Appliance Sales After Receiving Guidance in 2015 Department of Revenue Compliance Alert
Traffic Laws and Courts
Become an Illinois Bar Foundation Champion
Fourth District Reaffirms Its Standard to Evaluate Anonymous and Non-Anonymous Tips of Individuals Suspected of Driving Under the Influence
A
High
Burden: A Discussion of
People v. Krzeczkowski
and the Standard for Securing DUI Drug Convictions
Independent Truckers and the SR22 “Trap”
New Law Ends Failure to Appear Driver’s License Suspensions
Trusts and Estates
24 Legal Practice Tips
Become an Illinois Bar Foundation Champion
In re Hirschfeld
—Presumptions of Gift or Undue Influence, Fraud for POA Spouse
Spotlight on Trusts & Estates Section Council Member Paloma Holloman
Young Lawyers Division
Become an Illinois Bar Foundation Champion
Discover the ISBA Mentorship Program
Expectation Excellence: A Guide to Effective Performance Standards
Over 600 Years of Wisdom
Preparing for Trial
Why Is It Important for Young Lawyers and Law Students to Attend ISBA’s Midyear Meeting?
October 2024
Administrative Law
Case Summaries
Agricultural Law
Fallout from the Elimination of the Chevron Doctrine Begins
Option or Right of First Refusal
Choose Your Words Carefully When Drafting Dispositive Provisions
Animal Law
FBI Records Reveal Ironic Accusations Against Animal Activists
S. 4365 Veterinary Services to Improve Public Health in Rural Communities Act-Pending in Congress
Bench and Bar
New Rule: Service of Process in Cook County
Over 600 Years of Wisdom
Recent Appointments and Retirements
Striking a Balance Between Justice and Impartiality
Civil Practice and Procedure
Doe v. Catholic Bishop
: How to Scrutinize Attorney-Client Privilege
Everything Old Is New Again: Litigating 2-1401 Petitions
Commercial Banking, Collections, and Bankruptcy
Central District Local Bankruptcy Rules Become Effective October 1, 2024
Supreme Court Clarifies That Courts Must Stay Rather than Dismiss Cases Referred to Arbitration
Update on Artificial Intelligence in the Illinois Courts
Welcome to the Fall of 2024
What Is the Judicial Performance Evaluation Program?: Insights From a Facilitator
Construction Law
Artificial Intelligence Impacts All Areas of the Law, Including Commercial Banking, Collections, and Bankruptcy
Contractor Paid Twice After Sending First Payment to Scammer
Editor’s Note—Be Careful Out There
Illinois Passes “Wage Protection” Law Targeting General Contractors
Corporate Law Departments
The Corporate Transparency Act: A New Era of Business Accountability
Federal Trade Commission: Non-Compete Rule
OSHA Final Rule Impacting Employee and Union Rights During Inspections
Elder Law
Asset Protection Benefits of Continuing Trusts
Call for Articles
The Ethical and Practical Realities of Maintaining Authorized Contacts for Clients
Mark Your Calendars …
Updates & Resources
Employee Benefits
Federal Trade Commission: Non-Compete Rule
Marital Property in Illinois Public Pension Plans (PART II): Actuarial Valuation, QILDROs and the QILDRO Discount
A Note From the Co-Editors
Family Law
Chair’s Column
A closer look at
In Re Marriage of Zamudio
and the potential impact on the allocation of early retirement subsidies in divorce (PART I) (
In Re Marriage of Zamudio,
2019 IL 124676)
Defending Dissipation: Tips and Common Pitfalls to Avoid
International Custody Disputes: Allocation Judgments Do Not Bind Courts When Determining a Child’s Habitual Residence
An Overview of Illinois’ Law on Reproductive Health
Parenting Coordinators: Coordinating Parents Through the Day-to-Day Life
Support For a Disabled Child Under 750 ILCS 5/513.5
Update on Dissipation of Assets
Food Law
Comparative Analysis of US and Turkish Food Law: Safety, Regulations, and Global Implication
Understanding Food Law in Mexico: A Guide for U.S. Stakeholders
Viewpoint: Climate change is real … and farmers are the solution
Health Care Law
Recent Developments in Health Law
Human and Civil Rights
A Brief Summary of the International Court of Justice Advisory Opinion on Israel’s Policies in the Occupied Palestinian Territory
Comments from the Chair
Illinois Extends Time for Filing Discrimination Claims Under Illinois Human Rights Act from 300 Days to 2 Years
ISBA Anti-discrimination Provisions Column: How the Civil Rights Provisions Became Part of the 1970 Illinois Constitution
Insurance Law
E-Clips Summaries
From the Editor
Tips For Demand Drafting
International and Immigration Law
Chair’s Column
International Driver’s License
Legislative Update
Street Gangs in Relation to Claims for Asylum: Part I
Law Related Education for the Public
Voting Rights for Individuals in Long-Term Care Facilities
What Is Sex Discrimination?
Local Government Law
Municipal Case Summaries
Protestors on Pins and Needles About Whether to Bring Pens and Badges to DNC After 7th Circuit Denies Constitutional Challenge to Ban on Pointed Objects
Recent Illinois Attorney General / Public Access Opinions and Judicial Decisions Regarding the Freedom of Information Act and Open Meetings Act
Mineral Law
Climate Change Litigation – States vs. States
From the Editor
IDNR/OOGRM Announces Well Plugging Program
Oil and Gas Advisory Board
Privacy and Information Security Law
7 Questions to Ask Before Giving a Vendor Access to Your Data Set in an Artificially Intelligent World
BIPA Update: Illinois Adopts Reform Limiting Potential Claims (And Damages) in Litigation
Business Data Privacy Standards and the Impact of Artificial Intelligence
Discrimination Based on Conviction Records: What Are Employees’ Rights and Employers’ Responsibilities in Illinois?
Real Estate Law
ALERT!!
The Boy Who Cried Wolf: A Look Into Preliminary Injunction Law in Illinois
Case Summary:
Werner v. Auto-Owners Insurance Company
Prometheus and the Gift of Fire:
In re Syed
Rural Practice
The Corporate Transparency Act: A New Era of Business Accountability
Guilty Pleas Following
People v. Wells
Nice Trust, But What’s in It? Analyzing Funding for Revocable Trusts
A Rural Practitioner’s Plea for Action
Two Wrongs Do Not Make a Right: Illinois Adopts the ‘Partial Breach’ Doctrine
Welcome to the Rural Practice Section
Senior Lawyers
2023 Annual ARDC Report / A Brief Review
Book Review: “The Heaven & Earth Grocery Store”
Chair’s Column
A Tale of Two Licenses
What’s New in the Law Schools
State and Local Taxation
The 2024 IPAI Legal Symposium Was a Success
An Alleged Underpayment of Tax Is Not a False Claim When a Reasonable Rational Is Present
Tort Law
Dealing with the “Fatal Gap” in Causation Problem in Medical Negligence Cases
Evaluating Mid-Level Providers Today
Fraudulent Concealment and the Agency Relationship
Primer on Negligent Hiring, Supervising, and Retention Claims
Trusts and Estates
Flinn Report Summary – August 2, 2024 (Issue 31) Through August 30, 2024 (Issue 35)
Future Live CLE and Previously Recorded CLE on Trusts and Estates Topics
Spotlight on Trusts & Estates Section Council Member Steven Wade
Twelve Tips for New Probate Attorneys
Writing Tips for Young Lawyers (and Old Dogs Who Need New Tricks)
Women and the Law
Book Review:
Stories from Trailblazing Women Lawyers
by Jill Norgren
Chair’s Column
Getting to Know: An Interview with Justice Debra B. Walker
A Note from Past Chair: Erin M. Wilson
Safeguarding Your Future
Young Lawyers Division
ISBA & IBF Reception 2024: Honoring Leaders and Celebrating Excellence
ISBA Annual Meeting Re-Cap
Why Networking Is Crucial for Law Students and New Lawyers
YLD Members Attend Summer & Fall ISBA Events
YLD Social Event at Penguin Foot Pottery