Liability Minute Blog

The Liability Minute blog is a resource provided by ISBA Mutual, offering concise and insightful updates on emerging legal issues. This platform keeps legal professionals informed about the latest developments and trends in liability law, helping them navigate complex legal landscapes with ease. Each minute-long segment distills critical information into a digestible format, ensuring that practitioners stay current and well-equipped to address evolving legal challenges.

AI Notetaking Privacy Claims Survive in Otter.ai Lawsuit

AI notetaking privacy has become a live issue in federal court, and Illinois lawyers who use these tools should pay attention. In August 2026, a federal judge in California largely allowed a class action against Otter.ai to move forward.

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Law Firm Investors: Illinois Attorney Act Draws a Clear Line

Law firm investors now face firm statutory limits on how far their influence can reach into Illinois legal practice. Public Act 104-0801, introduced as House Bill 5487, adds a new "Protection of clients" section to the Illinois Attorney Act.

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Apparent Agency in Medical Malpractice: When Hospitals Share Liability

Cases involving apparent agency in medical malpractice seek to make an Illinois hospital answer for the negligence of a doctor it never employed. Many physicians who treat patients inside a hospital are retained as independent contractors rather than hired as employees, a distinction patients rarely see when they arrive. Hon. Russell W. Hartigan (ret.), a member of the ISBA Mutual Insurance Company Board of Directors, examined the issue in the July 2026 Illinois Bar Journal after a client in the medical field asked how the law separates the two.

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Artificial Intelligence Safety Measures Act Explained for Illinois Lawyers

On July 6, 2026, Governor JB Pritzker signed Senate Bill 315, making the Artificial Intelligence Safety Measures Act an Illinois law. As a result, Illinois now joins California and New York as the third state to regulate frontier artificial intelligence.

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Fake AI Citations Result in $15,000 Fine for Illinois Lawyer

Fake AI citations recently cost an Illinois lawyer $15,000 and a referral to the state's attorney discipline board. The Illinois Appellate Court, First District, sanctioned a Chicago lawyer after he filed briefs full of fabricated case law and misquoted statutes.

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AI Risks for Illinois Lawyers to Watch in 2026

AI risks for Illinois lawyers rarely announce themselves before they cause damage. During a presentation to the Chicago Bar Association, the results were revealing. A basic chatbot readily drafted routine correspondence. But it also fabricated background information, generated stereotyped images, and issued a confident verdict from a two-paragraph dispute.

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IJC AI Task Force Shapes Illinois Court AI Policy

The IJC AI Task Force spent nearly two years studying how artificial intelligence should function inside Illinois courtrooms, leading directly to the Illinois Supreme Court's Policy on Artificial Intelligence.

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Biometric Information Privacy Act: Risk Management Tips for Illinois Lawyers

Earlier this month, ISBA Mutual discussed how the Biometric Information Privacy Act creates real financial exposure for organizations, including law firms, that mishandle biometric data. AI notetaking and transcription tools have made this risk more relevant to legal practice than ever before. Many of these tools generate a voiceprint when they distinguish between speakers on a call or in a meeting.

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Illinois Biometric Information Privacy Act: What Lawyers Should Know

The Illinois Biometric Information Privacy Act, known as BIPA, sets strict rules for how companies collect and use biometric data. Illinois lawyers may not consider BIPA directly relevant to their practice. The rise of AI note-taking and transcription tools is changing that.

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AI-Assisted Pro Se Litigation Is Flooding Federal Courts

AI-assisted pro se litigation is reshaping the federal court landscape at a pace that few legal professionals anticipated. A new study from researchers at MIT and the University of Southern California draws on more than 4.5 million federal civil cases filed between 2005 and 2026, and the findings carry real implications for Illinois lawyers on both sides of the docket.

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2026 Illinois MCLE Deadline: A Resource Guide for A–M Attorneys

For Illinois lawyers whose last names fall between A and M, the 2026 Illinois MCLE deadline is weeks away. June 30th is the credit completion deadline, whereas July 311st is the reporting deadline. Moreover, missing these dates carries real consequences, including a $250 late fee and potential removal from the master roll of attorneys. Many Illinois lawyers are scrambling right now. They are searching for last-minute CLE options, trying to understand the transcript system, and wondering why recently completed credits have not appeared yet.

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OpenAI Product Liability Case: ChatGPT Accused of Unlicensed Practice of Law

The OpenAI product liability case, now moving through federal court, is one of the most consequential AI lawsuits attorneys have seen. Filed in March 2026 in the Northern District of Illinois, Nippon Life Insurance Company of America v. OpenAI Foundation centers on a chain of events that started.

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Illinois Supreme Court Rule 22 Amendment Addresses Workers’ Compensation Commission

Illinois Supreme Court Rule 22 governs the organization and administrative structure of the Illinois Appellate Court. The Supreme Court issued an order on September 24, 2025, amending the rule effective January 1, 2026. The amendment focuses on paragraph (i), which addresses appeals from the Workers' Compensation Commission. The changes are narrow in scope, but they carry meaningful consequences for practitioners.

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AI Legal Risks Posing Malpractice Threats to Illinois Lawyers

AI legal risks have moved from theoretical concern to documented reality for attorneys across the country. Artificial intelligence tools are now part of daily practice at firms of every size. According to American Bar Association data, approximately 48% of attorneys at large firms were already using AI tools in 2024. Adoption has accelerated since. But the speed of that adoption has outpaced risk awareness.

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Litigation Financing Transparency Act: Illinois Curbs Third-Party Lawsuit Investments

The Litigation Financing Transparency Act is Illinois' answer to a rapidly growing and largely unregulated industry. Outside investors, not parties to a lawsuit, lend money to plaintiffs to cover legal costs. In return, they collect a share of any recovery. The practice now underwrites tens of thousands of cases annually against pharmaceutical companies, tech firms, food producers, and other large defendants. Illinois courts are no exception.

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