In 1993, the Illinois Press Association embarked on a
bold new initiative to strengthen the future of the Illinois newspaper
industry. The mission of the Illinois Press Association Board of
Directors is to promote, protect and foster Illinois newspapers by establishing
the Illinois Newspaper Legal Defense Fund.
The Illinois Newspaper Legal Defense Fund will provide
quality legal research, consultation and court action in cases where the
outcome will affect the Illinois newspaper industry as a whole.
The Illinois Newspaper Legal Defense Fund will address,
but not be limited to, areas such as advertising, business, circulation,
distribution and news-editorial.
In an increasingly litigious society it is imperative
that Illinois newspapers have the support and the resources to meet future
legal challenges. The very existence of the Illinois Newspaper Legal
Defense Fund will enhance the ability of the Illinois Press Association to meet
those needs and to deter action which may adversely affect the newspaper
The Illinois Newspaper Legal Defense Fund is a restricted
fund with the Illinois Press Association and is to be used for no other
IPA Legal Defense Fund Criteria
The IPA's executive committee shall consider providing
funding from the IPA's Legal Defense Fund (the "Fund") if the
circumstances and litigated matter meet the following criteria:
1. Litigated matters or claims that have the
potential for materially altering the manner and means by which Illinois
newspapers gather news, distribute their products or otherwise conduct
it is necessary and appropriate and
(a) where it would otherwise have a positive
impact on the IPA's mission (e.g. legislative or governmental efforts).
(b) where the IPA's presence has the
potential to raise the profile of the issue at the heart of the litigated
matter or the IPA, [and/or]
(c) ) relieve the economic burden of
undertaking legal defense.
- 3.1 The
grant amount from the Fund shall be determined in the Executive
Committee's discretion. Except as stated in paragraph 3.2 below and
unless the IPA is the initiator or the sole party to the suit, the IPA's
grant from the Fund shall neither exceed the cost to be borne by
the requesting member litigant(s) nor provide the sole source of
funding for the litigated matter.
the foregoing , sole funding may be provided through the
Fund for the litigated matter if (a) the member litigant
has made every reasonable effort to obtain funding from other sources, (b)
if all of the criteria set forth in paragraphs 1 and 2 above are met, and
(c) a majority of the full IPA Board approves.
4. If any attorneys' fees are awarded or recovered
in the matter by a member litigant that receives funding hereunder, the
member litigant shall be required to reimburse the amount of the award
back the Fund.