Section Newsletters

Articles From 2008

Remarks from the Chair By William A. Price Business and Securities Law, February 2008 Illinois often follows the work of the National Conference of Commissioners on Uniform State Laws (NCCUSL) (Web site www.nccusl.org) in considering whether we need new laws to simplify and codify rules for corporation, business, and securities issues.
Remarks from the Chair By William A. Price Business and Securities Law, January 2008 This year’s Corporation, Securities, and Business Law program of work is focused on member education.
Remembering Judge Eugene Pincham By William H. Hooks & Hon. Michael B. Hyman Bench and Bar, July 2008 On April 3, 2008, Justice R. Eugene Pincham passed. The following are two remembrances of Justice Pincham’s life and contributions to the legal community.
Report of status of selected civil liberties issues in Russia By Natalia Evdokimova International and Immigration Law, November 2008 Chapter II of the Constitution of the Russian Federation adopted in 1993 grants the rights and liberties of the citizens of Russia.
Report of status of selected civil liberties issues in Russia By Natalia Evdokimova Human and Civil Rights, September 2008 Chapter II of the Constitution of the Russian Federation adopted in 1993 grants the rights and liberties of the citizens of Russia.
Report on ABA YLD Annual Meeting By Frank N. DeBoni & Tarek A. Fadel Young Lawyers Division, October 2008 The Assembly of the American Bar Association Young Lawyers Division met on August 8-9, 2008, at the Marriott Marquis in beautiful Manhattan, New York.
Reporting radioactive releases under the Environmental Protection Act By John VanVranken Environmental Law, September 2008 In 2005 and 2006, there were numerous press reports concerning releases of radioactive tritium from the Braidwood Nuclear Power Plant and from other nuclear power plants in Illinois.
Reppert v. SIU: 4th District decision—A commentary By Phillip B. Lenzini Local Government Law, May 2008 Essentially, the decision in the case of Reppert v. Southern Illinois University reversed the trial court’s summary judgment on behalf of SIU in the Freedom of Information Act case seeking release of the employment contracts of several SIU employees.
Representing the Hearing-Impaired Client in Child Custody Cases By Robin R. Miller Family Law, October 2008 I recently experienced the challenge and the privilege of representing a hearing-impaired client in a child custody proceeding.
Representing unmarried couples: The need for Illinois legislative action By E. Lynn Grayson Women and the Law, March 2008 Legislative change is required to ensure the legal rights of unmarried couples are protected in Illinois.
Requisite consent: Just consent or something more? By Craig Giometti Bench and Bar, August 2008 The May 2008 decision in Mercado v. Mt. Sinai, et al., 889 N.E.2d 730 (1st Dist. 2008), was the first decision to define the term “requisite consent” as it is used in section 2.2 of the Wrongful Death Act.
Residential contractors (and subcontractors) BEWARE! The Home Remodeling and Repair Act prevents mechanic’s liens on a residence when there is an oral contract for work that exceeds $1,000 By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, August 2008 In January of 2000, a law went into effect which makes it unlawful for any person engaged in the business of home repairs and remodeling to remodel or make repairs or charge for remodeling or repair work over $1,000 without first obtaining a signed contract or work order.
Residential contractors (and subcontractors) BEWARE! The Home Remodeling and Repair Act prevents mechanic’s liens on a residence when there is an oral contract for work that exceeds $1,000 By Adam B. Whiteman Real Estate Law, March 2008 In January of 2000, a law went into effect that makes it unlawful for any person engaged in the business of home repairs and remodeling to remodel or make repairs or charge for remodeling or repair work over $1,000 without first obtaining a signed contract or work order.
Resolutions for 2008 By Mary A. Corrigan Law Office Management and Economics, Standing Committee on, April 2008 Although 2008 is already underway, it is not too late to implement some resolutions for improvement of your law practice.
Resources for Trade International and Immigration Law, August 2008 Any attorney who advises clients, or even hopes to advise clients in the future concerning matters of international business issues, should consider subscribing to USA Trade World Illinois, issued by the U.S. Department of Commerce.
Retention of jurisdiction to enforce a settlement agreement By Champ W. Davis, Jr. & Christine Polk Mohr Alternative Dispute Resolution, December 2008 Attorneys often settle cases with dismissal orders which provide for dismissals “with prejudice” but which also provide that the court shall retain jurisdiction to enforce the settlement.
Retirement planning for lawyers: The savings gap By John J. Horeled Senior Lawyers, March 2008 The first in a series of articles on retirement planning for lawyers.
Return Preparer Accuracy Standards under 6694 now applicable to estate and gift tax returns By David A. Berek Trusts and Estates, February 2008 Just in time for tax return season, Congress and Treasury recently revised the preparer accuracy standards that govern the preparation of tax returns.
A review of judicial gloss on the statutory provisions governing contribution to attorney fees under the IMDMA By David H. Hopkins Family Law, January 2008 The enactment known as “The ‘Leveling of the Playing Field’ in Divorce Litigation Amendments” (P.A. 89-712) (“LPF Act”), effective June 1, 1997, was in fact a complete overhaul of the fee provisions of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), 750 ILCS 5/101 et seq., one that included major changes to the rules for contribution.
The role of a Guardian Ad Litem in litigation: Not just a witness By Thomas A. Else, J.D. & Sean McCumber, J.D. Family Law, September 2008 The role a Guardian Ad Litem in custody litigation is sometimes confused as to whether the Guardian (GAL) may be allowed to both testify as a witness and to advocate on behalf of the children as an attorney participating in the litigation.
The role of the GAL in family law cases By Susan M. Brazas Child Law, May 2008 In recent years, many circuit courts have made increasing numbers of appointments of Guardians Ad Litem in custody and visitation matters.
The role of the GAL in family law cases By Susan M. Brazas General Practice, Solo, and Small Firm, May 2008 In recent years, many circuit courts have made increasing numbers of appointments of Guardians Ad Litem in custody and visitation matters.
The role of the Guardian ad Litem in litigation: Clearly unclear By Henry D. Kass, J.D. Child Law, December 2008 In a recent edition of the Family Law Bulletin, Thomas Else wrote about the role of the Guardian ad Litem in domestic relations litigation and argued that the role is quite defined.
Rollover – We mean it! By Katarinna McBride Trusts and Estates, April 2008 On March 12, 2008 the House of Representatives passed a bill that corrected and clarified the Pension Protection Act of 2006 (“PPA”) as it relates to non-spouse beneficiaries of qualified plan participants (H.R. 3361).
RULE 56.1: Requirements and pitfalls By Mary Nagel & Kathryn A. Kelly Federal Civil Practice, March 2008 Federal Rule of Civil Procedure 56 governs motions for summary judgment. Fed. R. Civ. P. 56.
Rural lender advantage By Lewis F. Matuszewich Agricultural Law, September 2008 The United States Small Business Administration has introduced a modification of one of its loan programs, specifically designed to foster economic development in rural areas.
Sanctions at the Circuit Court Level By Richard D. Hannigan Workers’ Compensation Law, June 2008 Rarely will the courts allow sanctions pursuant to Supreme Court Rule 137.
SEC approves revised FINRA rule on post-arbitration submissions By Julia Kucan Alternative Dispute Resolution, December 2008 Under a new rule approved by the Securities and Exchange Commission (SEC), parties can submit additional information or documents after arbitration is closed under strict circumstances.
Secondary actor liability for securities law violations By Tanya Solov Business and Securities Law, June 2008 In claims alleging securities fraud, “secondary actors” often include officers, directors, accountants, bankers, attorneys, vendors, and underwriters.
Section 12 Medical Examination Reports: Admissible as admission against interest? By William R. Gallagher Workers’ Compensation Law, September 2008 For those of us who represent employees in workers’ compensation cases, it has been a common practice to have the employer or workers’ compensation insurer obtain a Section 12 examination by a physician of their choosing, the primary purpose of which is to obtain an expert medical opinion as to what might be one or more disputed issues, namely, is the employee still temporarily totally disabled; is there a medical causal relationship between the accident or repetitive trauma and the condition in question; is additional medical care/treatment necessary, etc.