CBA Record November-December 2024
While the ABA’s Model Rules do not govern our courts in Illi nois, they are influential, both here in Illinois and in other juris dictions. If the ABA provides a significant re-write to Rule 5.5, we should expect to see that adopted by several states in short order.
and management; legal research; and legal writing and drafting. The NextGen Bar will test these skills with Multiple-Choice Questions, Integrated Problem Sets, and Performance Tasks. The Multiple-Choice Questions have a more practical focus, for example, asking applicants to identify topics to research based on a fact pattern. The Performance Tasks are 60 minutes long and provide applicants with facts and law. Applicants then com plete a task focusing on legal research and writing skills based on that information. Finally, the Integrated Question Sets are short fact patterns requiring an applicant to draft or edit a document or engage in client counseling or dispute resolution using either short answer or multiple-choice questions. More information can be found at https://nextgenbarexam. ncbex.org. The New Department of Justice Whistleblower Program Anthony F. Fata, Partner, Kirby McInerney LLP In August 2024, the U.S. Department of Justice (DOJ) launched the “Corporate Criminal Forfeiture Whistleblower Pilot Pro gram.” The program incentivizes individuals to report corporate criminal misconduct. The program is similar to whistleblower programs established by the Securities and Exchange Com mission (SEC), Commodity Futures Trading Commission
Lobbying Rules for Nonprofit Organizations By Amy Cook, amycooklaw.com
New Chicago lobbying registration rules went into effect on July 1, 2024, impacting some nonprofit organizations. The new threshold, which must be registered with the Chicago Board of Ethics, involves a person being paid or spending (in any combi nation) $1,250 in a quarter for lobbying or lobbies for more than 20 hours a quarter. These rules apply only if the organization has an operating budget and net assets of $5 million or more—so many small-to-medium nonprofits can breathe a sigh of relief. Who is considered a lobbyist? “Any individual who undertakes to influence any administrative action or legislative action as any part of such individual’s duties as an employee of another, regard less of whether such individual is formally designated as a lobby ist by such individual’s employer.” What actions are not considered lobbying? When those who, either as a member of, or on behalf of, a nonprofit entity: (1) undertake nonpartisan analysis, study, and research; (2) provide
technical advice or assistance; or (3) examine or discuss broad social, economic, and similar problems and related solu tions; (4) make a “self-defense” communication (regarding an action that could harm the exis tence of the nonprofit); or (5) engage in grassroots lobbying. Unlike at the state level, the
(CFTC), and the Financial Crimes Enforcement Network (FinCEN). These programs have successfully brought regu latory infractions to the govern ment’s attention and generated billions in fines and penalties. The DOJ’s program will focus on four criminal areas not fully covered by these other programs: crimes by financial institutions and their person nel, foreign corruption and bribery, domestic corruption
new ordinance applies only to direct lobbying. Lobbying that is a part of an organized grass roots activity sponsored by a nonprofit entity to influence legislative or administrative action will not require registration. For more information, go to Chicago.gov/ethics. NextGen Bar Exam Coming to Illinois By Meredith Geller, Clinical Professor of Law and Director of the Writing Lab, Northwestern University Pritzker School of Law You may have heard that Illinois will adopt the NextGen Bar Exam in July 2028. This newest iteration of the exam from the National Conference of Bar Examiners (NCBE) focuses on prac tical skills. The exam will cover the law that the current exam does, including contracts, criminal law, and the like. But it will cover that law while targeting seven foundational skills: issue spotting and analysis; investigation and evaluation; client counseling and advising; negotiation and dispute resolution; client relationship
and bribery, and criminal activity in the healthcare sector. Individuals are encouraged to file a tip with the Department of Justice. Suppose the tip involves “original information,” i.e., independent knowledge or analysis that materially adds to infor mation not previously known to the government. In that case, the whistleblower may receive a portion of the forfeiture paid by the criminal defendants. Depending on the circumstances, the whistleblower’s recovery may be up to 30% of the government’s recovery, up to $100 million, and 5% between $100 million and $500 million. Whistleblowers may report anonymously through their attor ney. The DOJ will take steps to protect their anonymity to the extent permitted by criminal procedure. The whistleblower bounty provides a strong financial incentive to report crimes when professional or personal risks might otherwise prevent reporting.
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