Mitigation of Damages in Illinois Commercial Lease DisputesBy R. Kymn HarpCommercial Banking, Collections, and Bankruptcy, April 2023An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.
Mitigation of Damages in Illinois Commercial Lease DisputesBy R. Kymn HarpReal Estate Law, April 2023An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.
The Money Stays Here? Municipalities Cannot Adjudicate Traffic TicketsBy Frank AndreanoTraffic Laws and Courts, February 2023It is no secret that traffic tickets raise significant revenue and who gets this money was the subject of a recent appellate court opinion in Cammacho v. the City of Joliet.
Musings of a Mediator: 15 Years LaterBy Christopher BohlenFamily Law, January 2023When Illinois Supreme Court Rule 905 was created, it gave a deadline to circuit courts to create rules for mandatory mediation of child issues in dissolution and parentage cases.
Navigating the Termination for ConvenienceBy Stanley N. WasserConstruction Law, December 2023Termination for convenience clauses allow an owner to terminate the construction contract for any reason and without fault by the contractor.
New Changes to the Illinois Radon Gas Awareness ActBy Nicky SonntagReal Estate Law, December 2023The Illinois Radon Act will be substantially revised effective as of January 1, 2024, imposing additional obligations on landlords and providing additional rights to tenants.
New Charitable Planning Opportunities With Retirement PlansBy Philip M. Purcell, J.D.Trusts and Estates, January 2023The new Secure Act 2.0 addresses many issues related to retirement planning, including two important charitable planning opportunities.
New CommitteeBy Dave ChroustSenior Lawyers, June 2023The Senior Lawyers Section Council recently established a new committee, the Issues Facing Practicing Senior Lawyers Committee, which seeks to determine, understand, and address the issues facing senior lawyers who continue to practice, either on a full time or part time basis.
New Illinois Law Bans Third Parties From Using Merchant Marks Without PermissionBy Jonathan LA PhillipsIntellectual Property, February 2023With enactment of Illinois’ Fair Food and Retail Delivery Act, the General Assembly barred third parties from using restaurants’ and bars’ trademarks and other intellectual property without their permission. How the defense of nominative fair use will apply under this law, meant to curb food delivery app misbehavior, is unclear.
New Illinois Supreme Court Decisions Clarify Biometric Information Privacy ActBy William A. PriceBusiness Advice and Financial Planning, May 2023Two recent Illinois Supreme Court decisions have clarified the statute of limitations and the actionable number of violations for suits under the Illinois Biometric Information Privacy Act
New Law to Require Salary Transparency in Job PostingsBy Jenifer L. JohnsonGovernment Lawyers, November 2023A recently enacted amendment to the Equal Pay Act of 2003 will soon impact the required content of job postings for many employers, including governmental entities.
A New Look at the Rights of Students With DisabilitiesBy Madonna T. LechnerLaw Related Education for the Public, May 2023The plight of a student with a hearing impairment was recently brought to the public’s attention after the U.S. Supreme Court rendered a decision in Luna Perezv. Sturgis Public Schools.
New Salary Threshold for Overtime ProposedBy Alex MarkCorporate Law Departments, September 2023On August 30, 2023, the U.S. Department of Labor put forward a rule that would raise the salary threshold under which employees are eligible for overtime pay under the Fair Labor Standards Act.
A New Statutory Special Warranty Deed—and MoreBy Richard F. BalesReal Estate Law, February 2023The real estate attorney now has three options when it comes to preparing and accepting special warranty deeds—two statutory deeds and a customized deed.
Newly Enacted Federal ‘Speak Out Act’ Limits Use of Some Sexual Harassment NDAsBy Michael Arnold & Corbin CarterLabor and Employment Law, February 2023President Biden has signed into law the federal Speak Out Act limiting the enforceability of pre–dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes.
NextGen Bar Exam Builds on Strengths of Current Attorney AssessmentsBy Prof. Timothy DavisYoung Lawyers Division, September 2023The NextGen Bar Exam, which is slated to launch in July 2026, will marry the doctrinal rigor of the current exam with substantive testing of lawyering skills.
NextGen Bar Exam Builds on Strengths of Current Attorney AssessmentsBy Prof. Timothy DavisLegal Technology, Standing Committee on, September 2023The NextGen Bar Exam, which is slated to launch in July 2026, will marry the doctrinal rigor of the current exam with substantive testing of lawyering skills.
NLRB and OSHA Announce Partnership Over Worker Safety ProtectionsBy Heather L. McDougall, Kaiser H. Chowdhry, David R. Broderdorf, John F. Ring, Michael K. Taylor, & Megan L. LipskyLabor and Employment Law, December 2023The National Labor Relations Board and Occupational Safety and Health Administration executed a memorandum of understanding regarding a partnership designed to strengthen their efforts to protect workers who either speak out about health and safety working conditions or engage in potential protected activity that triggers anti-discrimination and/or whistleblower protection under both federal labor law and health and safety laws.