Section Newsletters

Articles From 2000

Fair Labor Standards Act: Is your supervisor really exempt? By Bruce C. Beal Labor and Employment Law, December 2000 Generally speaking, the Fair Labor Standards Act requires that you pay all employees overtime for any work in excess of forty hours in a workweek. Overtime is to be paid at the rate of one and one-half times the straight hourly rate for the employee working.
Fair Labor Standards Act— athletic trainers Education Law, June 2000 The Court of Appeals for the Fifth Circuit ruled that athletic trainers are covered under the professional exemption from overtime requirements of the Fair Labor Standards Act ("FLSA").
False denial of guilt in an administrative hearing may be considered as a factor in determining the sanction upon a finding against the respondent By Bernard Z. Paul Administrative Law, February 2000 An administrative agency is entitled in determining a sanction to consider lack of truthfulness by the respondent, not only in testimony before the agency during a hearing, but also during the course of an agency's investigation.
Families Intact By Catherine M. Ryan Child Law, February 2000 Families Intact began in August of 1999 to offer a family approach to the treatment of substance abuse by a family member by providing addiction treatment services in conjunction with multi-family therapy.
The family as a business By Michael F. Chiappetta Child Law, June 2000 Families struggling with family problems often have difficulty resolving them because they lack a good model of how a family should operate effectively.
Family gift trust By Patrick F. Daly Business Advice and Financial Planning, June 2000 As the advisor to our personal and business clients we are called upon to give estate planning advice in the broadest sense.
Federal ADEA litigation just became easier for the petitioner under Reeves v. Sanderson Plumbing, Inc.: prima facie case plus pretext usually wins By Jeffrey D. Lester Corporate Law Departments, August 2000 A recent Supreme Court unanimously agreed that direct evidence of age discrimination in addition to proving pretext on the part of the employer is not necessary to sustain a claim of discrimination in a disciplinary firing, at least not in reference to the Age Discrimination in Employment Act of 1967 (ADEA).
Federal antitrust Guidelines for collaborations among competitors under final review April 2000 People of the same trade seldom meet together, even for merriment and diversion, but the conversations ends in a conspiracy against the public, or in some diversion to raise prices. Adam Smith, The Wealth of Nations (1776).
Federal court review of state administrative agency decisions Administrative Law, August 2000 In August 1999, the U.S. District Court for the Western District of Missouri issued a lengthy opinion in AT&T Communications of the Southwest, Inc. v. Southwestern Bell Tel. Co., 86 F. Supp. 932.
Federal government use of ADR may change legal culture By Suzanne Schmitz Alternative Dispute Resolution, June 2000 The federal government is a leader in the use of ADR. Extensive use of ADR by the federal government will inevitably affect the entire legal culture
Federal patent law preempts state law on inventorship By John M. Augustyn Intellectual Property, March 2000 The U.S. Court of Appeals for the Federal Circuit ruled that federal patent law preempts state law standards for determining inventorship.
Federal prosecution of farmer for killing birds Agricultural Law, November 2000 An 80-year old retired Mascoutah farmer was Federally prosecuted on criminal charges this summer, and faces more civil charges from the State of Illinois.
Fiduciary duties of the ESOP trustee By Marilyn H. Marchetti & Danielle Montesano Employee Benefits, February 2000 The following article examines the duties of the trustee of an employee stock ownership plan ("ESOP Trustee"), beginning with the governing principles of the Employee Retirement Income Security Act of 1974, as amended, and the application of those duties to general administration and on-going administrative responsibilities of the ESOP Trustee.
Fiduciary responsibilities to venture partners By Dennis Keeley, Kerry Shapiro, & Joseph E. Berg, III Mineral Law, March 2000 Venture is not a precise term. In a general sense, a venture is often understood to be an agreement between two or more parties for a specific project or purpose
Fifth District holds that corporation not liable for employee’s alienation-of-affection actions By Michael Todd Scott Corporate Law Departments, May 2000 In Hargan v. Southwestern Electric Cooperative, Inc., No. 5-99-0010 (5th Dist. 3/2/00), the plaintiff appealed from the trial court's dismissal of his second amended complaint for alienation of affection. The Fifth District affirmed.
Final Gift Tax regulations: of limitations and “adequate disclosure” By James S. Zmuda Federal Taxation, June 2000 On December 3, 1999, the Internal Revenue Service ("IRS") issued final regulations regarding the adequate disclosure of gifts.
Finance Education Law, June 2000 Illinois "cash basis" school districts do not violate §17-1 of The School Code by adopting their tax levy in any given year before adopting a budget for the next ensuing fiscal year.
The first Internet-related case of copyright infringement in PRC By Li Dongtao Intellectual Property, May 2000 This is the first Internet-related case of copyright infringement in People's Republic of China (PRC).
“FLIP!” Not just another four-letter word By Lynn W. Wilburn Real Estate Law, June 2000 In the last two or three years, but especially within the last year, illegal flip real estate transactions (FLIPS) have virtually exploded in numbers around the country.
The Florida Intangible Tax By Paul A. Meints Trusts and Estates, May 2000 Nearly every estate planning attorney in Illinois has had a client or two that has moved to a warmer climate.
FMCSA issues new rules for motor carrier numbers, names and reports By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2000 All motor carriers need to know about a new final rule the Federal Motor Carrier Safety Administration ("FMCSA") adopted on June 2, 2000. This new rule became effective on July 1, 2000.
Focus on the issue: mandatory arbitration clauses in employment contracts By Dean M. Frieders Alternative Dispute Resolution, February 2000 In the past year, there have been several very important cases that have changed the way in which mandatory arbitration clauses function in employment contracts.
Food for thought: estate planning for subsequent marriages By Babette L. Brennan Family Law, June 2000 Even in a first marriage, there is potential for a conflict of interest when an attorney endeavors to represent both the husband and the wife in their estate planning.
Food for thought: Estate planning for subsequent marriages By Babette L. Brennan General Practice, Solo, and Small Firm, March 2000 Even in a first marriage, there is potential for a conflict of interest when an attorney endeavors to represent both the husband and the wife in their estate planning.
FOR LOVE OR FOR MONEY? Government Lawyers, April 2000 Government Lawyer Survey
For what its worth By Mark E. Zumdahl Trusts and Estates, May 2000 This newsletter is a grab bag of recent decisions of interest to those of us in the estate planning area and a short article from Thorpe Facer.
For what it’s worth By Paul A. Meints Trusts and Estates, February 2000 This newsletter summarizes some of the more important developments that took place in 1999 and offers some thoughts on what they may mean to you and to your practice.
The forgotten writ By Scott C. Colky Family Law, January 2000 Most common law writs were abolished by the enactment of the Code of Civil Procedure in 1982 (735 ILCS 5/2-1501).
The formula for calculating the DOI income By Jim Xu Young Lawyers Division, January 2000 As a result of the decline in the real estate market earlier this decade, some borrowers have debt balances on their houses more than the fair market values of their houses.
From the chair By Lynn Patton Government Lawyers, November 2000 This edition of the newsletter of the Standing Committee on Government Lawyers reflects the Committee's efforts to provide a newsletter that is timely, informative, and most important, germane to the legal and social issues facing government lawyers in the organized bar.