Section Newsletters

Articles From 2008

Bill4Time Internet-based time and billing software By Alan R. Press Legal Technology, Standing Committee on, August 2008 The author has never been able to find the perfect Time and Billing Software for my solo practice. The programs are usually too complicated and cumbersome or too basic and lacking in functionality. Luckily, Bill4Time has been a great solution and middle ground.
BlackBerrys, depositions, and the Illinois Rules of Professional Conduct By David S. Schott Civil Practice and Procedure, May 2008 Even though the BlackBerry and similar devices can benefit the lawyer while he or she is out of the office, the use of such a device during a deposition can cause a lawyer to run afoul of the Illinois Rules of Professional Conduct.
Book review By Heather M. Fritsch Young Lawyers Division, October 2008 “My teacher in first grade said that long ago people used to believe all kinds of things, because they didn’t know any better. Like you shouldn’t take a bath, because it could make you sick.
Book review By Heather M. Fritsch Young Lawyers Division, August 2008 “The past is always with us, Laurel…It’s a part of us we can’t ignore or abandon. And it’s not always easy to keep it behind us, where it belongs.”
Book review By Julie Brothers Young Lawyers Division, August 2008 I don’t like reading legal books outside of work. For me, it feels like homework, which is inherently a bad thing.
Book review By Heather M. Fritsch Young Lawyers Division, June 2008 Clay Carter, a bright young litigator in the Office of the Public Defender in Washington D.C., always dreamed of a better job.
Book review By Kathryn E. Eisenhart Bench and Bar, May 2008 The Nine: Inside the Secret World of the Supreme Court, Jeffrey Toobin, Doubleday, 2007.  
Book review By Heather M. Fritsch Young Lawyers Division, April 2008 “The audacity of hope! I still remember my grandmother singing in the house, ‘There’s a bright side somewhere…don’t rest till you find it….”
Book review By Kathryn E. Eisenhart Human and Civil Rights, April 2008 Jeffrey Toobin is a staff writer for The New Yorker since 1993 and is a senior legal analyst for CNN.
Book review By Heather M. Fritsch Young Lawyers Division, February 2008 “The sight of Ray prompted the latest round of lawyer jokes, none of which were particularly funny, all of which drew howls at the punch lines.”
Books Employee Benefits, December 2008 For 50 years, GM stood at or near the top of the Fortune 500. In its heyday, it was the symbol of American industry.
Borrowing employer to reimburse loaning employer for workers’ compensation benefits paid By Shaun M. Falvey Workers’ Compensation Law, September 2008 In Surestaff, Inc. v. Open Kitchens, Inc., (No.1-06-3225), Fifth Division (July 25, 2008), the appellate court held that the jury was properly instructed that a borrowing employer within the meaning of §305/1(a)(4) of the Workers’ Compensation Act (“the Act”) bears the burden of proving the existence of an agreement by a loaning employer to waive its right to reimbursement from the borrowing employer for workers’ compensation benefits paid to a temporary employee.
Briefly Noted: Australian Administrative Law By William A. Price Administrative Law, August 2008 It is likely that an Australian court, faced with an arbitrary or capricious (or purely political, without legal basis) administrative agency decision, and presented with appropriate precedents by competent counsel, would reach a result not-too-dissimilar to one that could be expected in Illinois.
Budget implementation for FY 2008 approved By Phil Milsk Education Law, February 2008 The State Fiscal Year 2008 Budget Implementation bill, SB 783, has finally become law. Budget implementation legislation is usually passed at the end of the Spring session along with budget bill(s).
Business entity selection at a glance By Alan R. Singleton Business and Securities Law, February 2008 What type of business is right for your client? Use this handy table to find out.
Business entity selection at a glance By Alan R. Singleton Intellectual Property, January 2008 A table to assist with your business entity selection questions.
A business planning guide to successor liability laws, part 1 By Janette M. Lohman Business and Securities Law, December 2008 Before a purchaser buys either all or substantially all of the assets or stock of a business, the purchaser needs to ensure that it is not also acquiring that business’ old tax troubles.
Businesses should take heed of Illinois court’s novel approach to restrictive covenants By Christopher P. Keleher Corporate Law Departments, April 2008 Information is the lifeblood of the service profession. Companies must be vigilant in protecting knowledge and goodwill, two integral ingredients earned through the course of experience.
Cable TV—What should your municipality be doing? By Marty Shanahan, Jr. Local Government Law, March 2008 The Cable and Video Competition Law of 2007 permits cable service and video service providers to obtain State-issued authorization to provide cable service or video service.
California Justices urged to limit vacatur based on disclosure failure By Jillian Ruggiero Alternative Dispute Resolution, December 2008 Arbitrators face the possibility of disqualification due to their failure to disclose pertinent facts that are necessary to an arbitrator’s role as a neutral, third party.
California Supreme Court rules to allow same-sex marriage: Decision could lead to Constitutional issues By Penny Costa & Renee Applegate Corporate Law Departments, June 2008 In a 4-3 decision on May 15, 2008, the Supreme Court of California held that the state’s constitution provides same-sex couples the right to marry.
Cannon ScanFront 220P By Bryan Sims Legal Technology, Standing Committee on, October 2008 A review of the Canon ScanFront 220P, a standalone network scanner.
Carmack damages do not allow for any shipper windfall By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2008 In Houmani v. Roadway Express, Inc., 2008 U.S. Dist. LEXIS 20774 (N.D. Oh., 3/17/08), the Court granted Roadway partial summary judgment in an action where the appropriate damage standard under the Carmack Amendment, 49 U.S.C. §14706, was at issue.
Case comment: In Re Grandparent Visitation of China Pfalzgraf, a Minor By William L. Cleaver Elder Law, May 2008 The recent Fifth District Appellate Court case of In Re Grandparent Visitation of China Pfalzgraf, No. 07-F-137, presents yet another case of the courts’ divining what is in the best interest of the child. In Pfalzgraf, the court addressed the issue of grandparent visitation. 
Case names and holdings Insurance Law, December 2008 Where contractor was an additional insured under a subcontractor’s liability policy for “liability arising out of [the subcontractor’s] work” and a third party complaint alleged the subcontractor’s work to be negligent, the insurer had a duty to defend the contractor.
Case names and holdings Insurance Law, June 2008 HOLDING: Insurer that sued two of its former agents for breach of contract and tortuous interference arising out of agents’ solicitation of former customers after termination of the agency using confidential information extracted from insurer’s computers, filed declaratory judgment action seeking to establish whether it had a duty to defend agent pursuant to personal and advertising injury coverage in a business owners liability policy.
Case names and holdings Insurance Law, March 2008 HOLDING: Insured failed to satisfy condition precedent to coverage by not giving immediate notice to insurer when insured knew of an occurrence which would cause it to incur costs likely to be paid by insurer.
Case Note: McHenry County Defenders Inc., et al, v. City of Harvard, et al, No. 2-07-0386, Filed July 2, 2008, Illinois Appellate Court, Second District By James K. Weston, Sr. Mineral Law, September 2008 Council members David M. Williams and Craig R. Hedin have referred us to the above case and suggested that it be brought to the attention of Section members. Mr. Williams also provided some comments that follow this brief case note.
Case summaries Insurance Law, December 2008 Holabird and Root (H & R) served as general contractor for the construction of the City of Chicago’s leased space in the Goldblatt building, owned by DePaul University.
Case summaries Criminal Justice, December 2008 In People v. Exson, 2008 Ill. App. LEXIS 947, 2008 WL 442681 (1st Dist. September 29, 2008) the Illinois Appellate Court held the trial court abused its discretion by granting the State’s 30 day continuance motion on the 119th day of the 120-day period under the Speedy Trial Act.