Tristan & Cervantes

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Tristan & Cervantes is a Chicago-based, MBE-certified and NAMWOLF-member firm that has proudly serviced its clients with quality transactional, litigation, and consulting services since 2002.

Featured News & Insight: A.I. Use in Court Filings Draws Judicial ScrutinyA recent incident involving Sullivan & Cromwel...
04/24/2026

Featured News & Insight: A.I. Use in Court Filings Draws Judicial Scrutiny

A recent incident involving Sullivan & Cromwell, one of the nation’s most prominent law firms, underscores the growing legal and reputational risks associated with the use of artificial intelligence. In a filing before the U.S. Bankruptcy Court for the Southern District of New York, the firm submitted a motion containing numerous errors generated by A.I., including fabricated case citations and inaccurate quotations from real decisions.

These errors were attributed to “A.I. hallucinations,” where A.I. systems generate plausible but incorrect legal information. Courts have increasingly confronted filings containing A.I. generated inaccuracies, including a widely reported 2023 case in which attorneys were sanctioned for submitting fictitious authorities produced by ChatGPT. In response, organizations such as the American Bar Association have issued guidance emphasizing that attorneys must independently verify all A.I-assisted research and drafting.

Key Takeaways for Businesses and In-House Teams

- While A.I. tools can improve efficiency, this incident highlights several important considerations:
- Accuracy remains a legal obligation: Courts expect filings to be grounded in verified authority, regardless of the tools used to prepare them.
- Reputational and strategic risk: Errors of this nature can undermine credibility with courts and opposing parties.
- Internal controls are critical: Organizations using A.I. in legal workflows should implement clear review protocols and accountability measures.
- Oversight is Important: Businesses should understand how staff are integrating A.I. into their practice and establish safeguards.

As A.I. adoption accelerates, companies should ensure that staff are using these tools responsibly and with appropriate oversight.

Our firm continues to monitor developments in this area. If you have questions about implementing A.I. tools in your legal or compliance functions, contact us at [email protected]

A recent incident involving Sullivan & Cromwell, one of the nation’s most prominent law firms, underscores the growing legal and reputational risks associated with the use of artificial intelligence. In a filing before the U.S. Bankruptcy Court for the Southern District of New York, the firm submi...

04/23/2026

Featured News & Insight: Seventh Circuit Limits Exposure Under Illinois Biometric Privacy Law

Earlier this month, the U.S. Court of Appeals for the Seventh Circuit, issued a significant ruling limiting exposure under the Illinois Biometric Information Privacy Act (BIPA). The court held that a 2024 amendment to BIPA capping damages at a single recovery per plaintiff applies retroactively to all cases pending at the time the amendment took effect.

Why this matters: Over the past several years, BIPA litigation has posed substantial financial exposure for employers and companies using biometric systems (such as fingerprint time clocks or security access tools). Following a 2023 decision by the Illinois Supreme Court, plaintiffs argued they could recover damages for each individual scan of biometric data. In response, the Illinois legislature amended BIPA in 2024 to clarify that individuals are generally limited to a single recovery for the same biometric data, rather than repeated recoveries for each use or scan.

What the Seventh Circuit decided: The Seventh Circuit has now confirmed that this limitation applies not only going forward, but also to lawsuits that were already in progress when the amendment became law. In practical terms, this significantly reduces the potential damages exposure in many pending BIPA cases.

What to do now: Companies that utilize biometric data, whether for timekeeping, security, or other purposes, should continue to ensure compliance with BIPA’s notice and consent requirements. For those facing existing claims, this decision may present an opportunity to reassess exposure and case strategy.

If you have questions about how this development affects your business or would like to review your current biometric data practices, contact us at [email protected].

Featured News & Insight: City of Chicago Releases 600+ Vacant Lots for Development OpportunitiesThe City of Chicago’s De...
04/16/2026

Featured News & Insight: City of Chicago Releases 600+ Vacant Lots for Development Opportunities

The City of Chicago’s Department of Planning and Development has announced a significant expansion of its land disposition program, making more than 600 vacant lots across 25 wards available for private purchase. The Chi Block Builder program represents the largest spring inventory since the launch of the City’s online land sale platform in 2022 and presents meaningful opportunities for developers, investors, and businesses engaged in real estate, housing, and community development.

For those evaluating entry, the most notable opportunities include the City’s “Missing Middle” program, which will sell parcels in West Englewood and South Chicago for $1 per parcel and include subsidies of up to $150,000 per unit (require development into owner-occupied buildings). These projects are geared toward builders prepared to move quickly and comply with affordability and occupancy requirements. The City is also offering a 2.6-acre site in Austin (47 contiguous lots) suitable for townhome or multifamily development, with potential for up to 140 units—one of the few large-scale residential opportunities currently available on the West Side. Other parcels will be sold at market rate, including sites designated for affordable housing, side yards, and urban agriculture.

Applications for the available properties are due on a rolling basis within 45 (May 15, 2026) or 90 days (June 29, 2026), depending on the program. Businesses interested in participating should carefully review eligibility requirements, development obligations, and applicable incentives. For more information, visit http://chiblockbuilder.com.

If you are considering submitting an application and would like to discuss how these opportunities fit your business strategy, contact us at [email protected].

https://tristanlegal.com/city-of-chicago-releases-600-vacant-lots-for-development-opportunities/

The City of Chicago’s Department of Planning and Development has announced a significant expansion of its land disposition program, making more than 600 vacant lots across 25 wards available for private purchase. The Chi Block Builder program represents the largest spring inventory since the launc...

Featured News & Insight: Law Clerk Laura Padilla Shines at HNBA Moot Court CompetitionTristan & Cervantes proudly congra...
03/20/2026

Featured News & Insight: Law Clerk Laura Padilla Shines at HNBA Moot Court Competition

Tristan & Cervantes proudly congratulates our law clerk, Laura Padilla, on her outstanding performance competing at the Hispanic National Bar Association (HNBA) Uvaldo Herrera Moot Court Competition last week in Las Vegas, Nevada.

Representing Loyola University Chicago School of Law, Laura demonstrated exceptional legal analysis oral advocacy skills while competing against top law students from across the country. Notably, Laura argued before two panels of sitting judges on complex issues involving a federal statute and received a high level of praise for her poise, preparation, and command of the law.

We are incredibly proud to support and celebrate this accomplishment and look forward to all that lies ahead in her promising legal career.

https://tristanlegal.com/law-clerk-laura-padilla-shines-at-hnba-moot-court-competition/

Featured News & Insight: Illinois Appellate Court Limits BIPA Exposure for Staffing AgenciesAn Illinois appeals court ha...
02/25/2026

Featured News & Insight: Illinois Appellate Court Limits BIPA Exposure for Staffing Agencies

An Illinois appeals court has ruled that staffing agencies cannot be held liable under the Illinois Biometric Information Privacy Act (BIPA) when they do not control or possess employees’ biometric data.

In a case involving fingerprint time clocks at a food manufacturer, the Illinois Third District Appellate Court held that the staffing agencies were not responsible because the employer, not the staffing agencies, controlled the system and stored the data.

The court rejected the argument that simply helping enroll workers or showing them how to use the clocks makes an agency liable. Without access to or control over the data, there is no BIPA violation.

Why This Matters

BIPA lawsuits can carry $1,000–$5,000 in damages per violation, leading to large class action exposure. This ruling helps limit risk for staffing agencies and other companies that do not control biometric systems.

Practical Implications for Employers & Staffing Agencies

• Clearly define data control and ownership in contracts.

• Document which entity controls biometric systems and stored data.

• Limit administrative access where possible.

• Maintain compliant notice and consent procedures if you control biometric data.

If you would like to assess your organization’s biometric compliance exposure or risk under BIPA, contact us at [email protected].

An Illinois appeals court has ruled that staffing agencies cannot be held liable under the Illinois Biometric Information Privacy Act (BIPA) when they do not control or possess employees’ biometric data. In a case involving fingerprint time clocks at a food manufacturer, the Illinois Third Distric...

Featured News & Insight: New Amendments to the Illinois Workplace Transparency ActAmendments to the Illinois Workplace T...
02/25/2026

Featured News & Insight: New Amendments to the Illinois Workplace Transparency Act

Amendments to the Illinois Workplace Transparency Act taking effect in 2026 significantly expand employee protections, restrict commonly used employment agreement provisions, and increase potential liability for noncompliant employers. Illinois employers should proactively review their contracts, policies, and separation practices to mitigate risk.

Expanded Limits on Confidentiality and Non-Disparagement Provisions

The 2026 amendments further restrict the use of confidentiality, non-disparagement, and similar provisions in employment, separation, and settlement agreements. Covered agreements may not prohibit or interfere with an employee’s ability to report or discuss alleged unlawful employment practices, including discrimination, harassment, retaliation, wage and hour violations, workplace safety concerns, or other conduct protected by law. Provisions that attempt to limit an employee’s right to cooperate with government agencies or participate in investigations or legal proceedings are unenforceable.

New Restrictions on Forum, Venue, and Choice-of-Law Provisions

The amendments also place additional constraints on dispute-resolution terms. Employers may not require employees to litigate claims outside of Illinois or under the laws of another state when the claims arise from work performed in Illinois. Contractual provisions that restrict access to courts or administrative agencies may be deemed void if they conflict with the IWTA’s transparency and public-policy objectives.

Express Protection for Concerted Activity

The IWTA now expressly protects employees who engage in “concerted activities,” including discussions about wages, benefits, workplace conditions, or potential legal claims with coworkers or third parties. Employers are prohibited from retaliating against employees for engaging in such protected conduct, even where the activity involves the use of employer-issued devices or systems, provided the conduct is otherwise lawful.

Expanded Damages for IWTA Violations

The amendments also materially expand the remedies available under the IWTA. Employees, prospective employees, and former employees who successfully challenge an agreement that violates the Act, or who successfully defend against an employer’s claim for breach of a confidentiality or non-disparagement provision, may recover consequential damages, in addition to reasonable attorneys’ fees and costs.

These changes apply broadly and may affect offer letters, employment agreements, handbooks, separation agreements, and settlement templates currently in use. Employers that fail to update their documents and practices risk both unenforceability of key provisions and heightened monetary exposure.

If you have questions about the 2026 IWTA amendments, would like assistance reviewing or revising employment agreements, or need guidance responding to employee complaints, please contact our office at [email protected] or 312-345-9200.

Amendments to the Illinois Workplace Transparency Act taking effect in 2026 significantly expand employee protections, restrict commonly used employment agreement provisions, and increase potential liability for noncompliant employers. Illinois employers should proactively review their contracts, po...

HB 1312 Signed into Law: New Immigration Protections and Requirements for Critical Locations
12/16/2025

HB 1312 Signed into Law: New Immigration Protections and Requirements for Critical Locations

Tristan & Cervantes Featured on WBEZ for Leading Chicago’s Cultural Institutions in Federal Enforcement Preparedness
11/24/2025

Tristan & Cervantes Featured on WBEZ for Leading Chicago’s Cultural Institutions in Federal Enforcement Preparedness

Boo! Avoiding Employment Law Issues This Halloween Season
10/29/2025

Boo! Avoiding Employment Law Issues This Halloween Season

NEWS ALERT: DOT Ends Presumption of Disadvantage Based on Race and S*x — What It Means for Businesses Certified Under DB...
10/03/2025

NEWS ALERT: DOT Ends Presumption of Disadvantage Based on Race and S*x — What It Means for Businesses Certified Under DBE/ACDBE Programs and Local MBE Programs

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150 North Wacker Drive, Suite 1550
Chicago, IL
60606

Telephone

+13123459200

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