Section Newsletters

Articles From 2008

Prescription drugs—FDA’s oversight of the promotion of drugs for off-label uses Health Care Law, September 2008 [On July 28, 2008, the Government Accountability Office (GAO) issued a report, “Prescription Drugs: FDA's Oversight of the Promotion of Drugs for Off-Label Uses,” GAO-08-835. A summary of this report is provided below].
President-Elect Obama’s proposed rise in capital gains doesn’t mean you will pay more taxes when you sell your home By Michael S. Schimmel Federal Taxation, December 2008 Your stocks are worthless and your retirement plan is virtually nonexistent.
President-Elect Obama’s proposed rise in capital gains doesn’t mean you will pay more taxes when you sell your home By Michael S. Schimmel Real Estate Law, December 2008 Your stocks are worthless and your retirement plan is virtually nonexistent.
Primer on copyright law By Peter LaSorsa Federal Civil Practice, March 2008 Sophisticated digital equipment like handheld scanners, cellular telephones with built in cameras, and the easy accessibility of protected works via the Internet, are making the task of copying another’s work relatively easy, cheap and unsophisticated.
A primer on pleading securities fraud under PLSRA: the Seventh Circuit’s decision in Tellabs By Charles W. Murdock Business and Securities Law, April 2008 The breath and clarity of the opinion in Makor Issues & Rights, LTD v. Tellabs, Inc. provide a clinic on the effect of PLSRA from the perspective of the requirements to plead securities fraud.
A principal’s guide to Internet policies & electronic communications By Brian D. Schwartz, Dr. Larry Janes, & Kenneth Reed Education Law, October 2008 The purpose of this article is to bring school administrators up to date on the legal and practical aspects of monitoring and regulating computer use within the schoolhouse gates.
Private investigator’s actions lead to invasion of privacy claim By Michael R. Lied Labor and Employment Law, February 2008 Private investigators can be a helpful tool for business. However, it is important to assure that the investigation does not cross over the line to create an invasion of privacy.
Private sales after mortgage foreclosure sales—An update By Jeffrey G. Liss Commercial Banking, Collections, and Bankruptcy, August 2008 The Illinois Supreme Court appears to have resolved a conflict between appellate districts as to the permissibility of private foreclosure sales consummated after a mortgage foreclosure sale but before confirmation of that sale.
Pro bono = Career development: Four reasons why pro bono can help your career and resources for doing pro bono By Michael G. Bergmann Young Lawyers Division, December 2008 Can pro bono work translate into assisting with your career development? Absolutely!
Pro bono attorneys needed International and Immigration Law, December 2008 The National Immigrant Justice Center periodically publishes a list of cases for which pro bono attorneys are needed to represent asylum seekers and other immigrants in need of protection.
Pro bono cases International and Immigration Law, June 2008 The National Immigrant Justice Center periodically publishes a list of cases for which pro bono attorneys are needed to represent asylum seekers and other immigrants in need of protection.
A problem, a solution and a new malpractice standard? By Michael J. Rooney Real Estate Law, June 2008 As an ongoing Michigan case illustrates, any attorney who allows a client, whether seller or buyer, to close with a title agent (instead of with the title insurance company) without insisting upon a CPL for the client ought to be held liable for malpractice.
Professional service as an in-house attorney By Peter S. Trotter Corporate Law Departments, July 2008 Professionalism and civility are considered to be important characteristics of an attorney. In order for in-house counsel to act with professionalism and civility in the performance of their duties, certain challenges and special circumstances must be addressed.
Proper standard of review for Constitutional claims against zoning enactments By John H. Brechin Local Government Law, July 2008 The Illinois Supreme Court, on June 5, 2008 issued its opinion in the case of Napleton v. Village of Hinsdale.
Property and polity issues By Brent H. Gwillim & J. Meinen Business and Securities Law, April 2008 This article pertains to the approach that the Illinois Courts have taken with regard to property disputes between a national church and a local church which is part of the national organization.
Proposed FMLA revisions are a “mixed bag” and provide employers almost no guidance regarding new Family Military Leave By Ellen M. Girard Corporate Law Departments, March 2008 On February 11, 2008, the Department of Labor (“DOL”) issued proposed revisions to the federal FMLA regulations and identified issues for comment under the new FMLA categories concerning family military leave.
Proposed Illinois Supreme Court Rules regarding municipal ordinance violations By Jewel N. Klein Administrative Law, March 2008 The Administrative Law Section Council has received the text of a proposed series of Supreme Court Rules applicable to municipal ordinance violation prosecutions not punishable by a jail term and other than traffic offenses when such ordinance violations are prosecuted through the judicial system.
Prosecution of municipal ordinances violations and a preview of the proposed Supreme Court Rules addressing them By Mark C. Palmer Local Government Law, April 2008 On January 28, 2008, the Illinois Supreme Court Rules Committee held its annual public hearing and included on the agenda was the proposal to create new Illinois Supreme Court Rules 570-581 (“Proposed Rules”).
Protect yourself, protect your family with auto insurance coverage By Stephanie K. Nathanson Women and the Law, June 2008 Practically speaking, it is hard to find the time to stop and think about your automobile insurance coverage limits and how such limits can affect your life in the future.
Protecting trade secrets in cyberspace By Anne C. Keays & Mitchell S. Chaban Intellectual Property, January 2008 This article will review the facts and findings in QSRSoft, Inc. v. Restaurant Technology Inc., a recent Northern District of Illinois opinion, and examine the court’s reasoning as guidance on measures to take in protection of trade secrets for Internet based systems.
Provena Covenant Medical Center v. Department of Revenue By William A. Price Administrative Law, October 2008 Hospitals and healthcare systems have changed significantly since the federal government and private insurance took over most patient payments.
PTO Consistency Initiative: 29 September 2008 Intellectual Property, December 2008 In an effort to further improve quality, the Office has created a centralized process by which an applicant may bring to the attention of the Office situations where, in applicant’s opinion, the Office has acted inconsistently in its treatment of applicant’s pending applications/recent registration(s).
Public Act 095-0691: A mortgage crises remedy? By Kenneth E. Davies Commercial Banking, Collections, and Bankruptcy, October 2008 With the economy in the throws of an economic downturn due in large part to the high foreclosure rates and crunch on credit, many governments are scrambling to try to get ahead of these economic issues.
Public Act 095-0691: A mortgage crises remedy? By Kenneth E. Davies Real Estate Law, July 2008 This article will discuss the highlights of Public Act 095-0691 and will try to pose the basic question: How much of this new law is designed to solve the problems of the present and the past and how much of the new law is nothing more than a knee jerk reaction to a problem brought on by over-exuberate lenders and consumers?
Public Act 95-0661: Amendments to Illinois Code of Civil Procedure relating to enforcement of judgments By Bob Markoff Commercial Banking, Collections, and Bankruptcy, March 2008 The Illinois legislature recently passed and then overrode the Governor’s amendatory veto of Senate Bill 229 which is now known as Public Act 95-0661.
Public Act 95-685 and its impact on family law By Paulette Gray Family Law, May 2008 On October 23, 2007, the Governor signed into law the most comprehensive package of legislation affecting child support enforcement since the introduction of mandatory child support withholdings through the State Disbursement Unit.
Public policy strongly favors contribution claim settlements: The Pierre Condominium Assn v. Lincoln Park West Associates, LLC By Richard L. Turner, Jr. Civil Practice and Procedure, March 2008 Although parties to contracts are free to waive or override other statutory provisions or protections, parties are not permitted to waive or ignore the good-faith settlement provisions incorporated within the Joint Tort Feasor Contribution Act, according to the recent decision in The Pierre Condominium Association v. Lincoln Park West Associates, LLC.
The Public Safety Employee Benefits Act – What is an emergency? By John H. Brechin Local Government Law, December 2008 On November 4, 2008, the Second District Appellate Court issued its unanimous opinion upholding benefits for a police officer under the Public Safety Employee Benefits Act.
Public sector discipline: Former Assistant State’s Attorney disbarred on consent By Rosalyn B. Kaplan Government Lawyers, September 2008 In re Baba, Commission No. 07 SH 74, S. Ct. No. M.R. 22324 (May 19, 2008).
Public sector discipline: September 2008 term of the Illinois Supreme Court By Rosalyn B. Kaplan Government Lawyers, December 2008 In re Kelley, Commission No. 07 SH 5, S. Ct. No. M.R. 22452 (September 16, 2008). John Michael Kelley was an Assistant State’s Attorney in Sangamon County between 2001 and 2006.