Late last month, the Illinois Supreme Court essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate unconsolidated opinions, the Court found that the law violated the First Amendment of both the Illinois and U.S. Constitutions, as well as the public’s due process rights. In overturning the law, anyone in Illinois can – for now – surreptitiously record a private or public conversation between two or more people without fear of criminal prosecution. This is a standard at odds with every other state in the country, and one which should concern Illinois corporations and employers.