Section Newsletters

Articles From 2008

Current developments in mediation By Thomas D. Cavenagh Alternative Dispute Resolution, January 2008 Use of mediation in a wide variety of contexts is expanding rapidly across the country … and abroad.
Cutting the pie: Determining partner compensation By John W. Olmstead Law Office Management and Economics, Standing Committee on, April 2008 Many law firms are struggling with compensation systems that no longer meet the needs of the firm and the individual partners. Failure to explore alternatives to failing systems often result in partner dissatisfaction leading to partner defections and disintegration of the firm.
Cybersquatting? What is It? How cybersquatting is affecting us today and how it will affect us in the future By Ashley Pletz Legal Technology, Standing Committee on, February 2008 Law firms are faced with cybersquatting issues everyday; thus it is important for lawyers to become familiar with cybersquatting.
Czarnik v. Wendover: An application of collateral estoppel to arbitration By Hon. Daniel T. Gillespie Civil Practice and Procedure, June 2008 The Restatement (Second) of the Law of Judgments refers to res judicata and collateral estoppel as former adjudication.
D.C. Circuit emphasizes internal e-mails, raises doubts about Whole Foods merger By Leslie E. John & Adam M. Finkelstein Corporate Law Departments, September 2008 On July 29, 2008, a divided panel of the U.S. Court of Appeals for the D.C. Circuit ordered further antitrust scrutiny of the now-consummated Whole Foods Market and Wild Oats Markets merger.
De-mystifying the ISBA – Sections and Committees By Jennifer A. Shaw Racial and Ethnic Minorities and the Law, November 2008 As many an ISBA President has said, the sections and committees are the lifeblood of this organization.
Dealing with a difficult client By Ryan Bradley Young Lawyers Division, December 2008 The practice of law is difficult and challenging even while working with the best clients.
Death penalty article By David W. Austin International and Immigration Law, June 2008 Last month, the United States Supreme Court once again ruled that the state can kill people as punishment for the commission of certain crimes.
Decision explains policy as to enforcement of restrictive covenants in employment agreements By Howard Z. Gopman Business and Securities Law, August 2008 In Brown and Brown, Inc. v. Patrick, Mudron and Cornolo and Thompson, Ltd. and Gunderson (Brown), 379 Ill. App.3d 724, 887 N.E.2d 437, 2008 WL 681848, 27 IER Cases 539, Ill.App. 3 Dist., March 11, 2008 (NO. 3-06-0908), the Third District Appellate Court made some interesting comments relative to the enforcement of restrictive employment covenants in affirming a summary judgment in favor of the employee.
Deducting administration expenses at the first death By Jason S. Ornduff & Georgia Loukas Demeros Trusts and Estates, August 2008 If an estate elects to deduct its administration expenses on the estate tax return and those administration expenses exceed the amounts deducted, then the excess amounts can be deducted on the estate’s income tax return. However, a statement must accompany the estate’s income tax return notifying the IRS that the administration expenses exceed those deducted on the estate tax return and that the estate waives its right to deduct the excess expenses on the estate tax return.
DESK REFERENCE: 2008 Numbers and statistics By Martin W. Siemer Elder Law, February 2008 Part A deductible per benefit period: $1,024
Difficult Conversations—Applying the principles from the best-selling book to the practice of law By Kim L. Kirn Women and the Law, October 2008 The practice of law is filled with difficult conversations: telling someone who has been severely injured that their case is worth less than they think; explaining child custody rules to a divorcing spouse; and explaining to the senior partner who hired you why you have decided to leave your law firm.
Disability pensions –What constitutes an act of duty? By John H. Brechin Local Government Law, June 2008 The recent case of Sarkis v. City of Des Plaines involved this very issue.
Discarded materials revisited: A case review of Northern Illinois Service Company v. Illinois Environmental Protection Agency By Lisle A. Stalter Environmental Law, May 2008 We all knew that it would not be too long before a case came along looking at the Alternate Fuels opinion and its impact and implications on what constitutes waste and discarded materials.
Disparity between women and men’s compensation and leadership responsibilities still significant, NAWL survey concludes By Katherine Kelleher Women and the Law, June 2008 On Friday, March 14th, Jenner & Block LLP confirmed that trial lawyer Susan Levy has been named as the firm’s new managing partner.1
Disposition of the marital residence in troubled economic times By Hon. Nancy J. Katz Family Law, November 2008 Falling real estate values and increasing mortgage foreclosures are taking a toll on divorcing middle class families. This is particularly true when the primary asset of a family is the marital residence.
Diverse experiences: Covering my hair, not my mind: A Muslim woman’s perspective By Amina Saeed Racial and Ethnic Minorities and the Law, March 2008 This is the first in a series of articles written by practitioners about the challenges faced by minority and women attorneys in the profession and strategies to meet those challenges.
Diversity in the Legal Profession: ISBA’s commitment continues Racial and Ethnic Minorities and the Law, June 2008 The Illinois State Bar Association has a long-standing and unwavering commitment to diversity in the legal profession and in the Association.
Diversity Task Force reappointed after productive first year By Alice M. Noble-Allgire Racial and Ethnic Minorities and the Law, November 2008 ISBA President Jack Carey has authorized the continuation of the Task Force on Diversity for another year to continue several projects initiated during its first term.
Diversity visas for 2009: Top five questions asked by clients By Shannon M. Shepherd International and Immigration Law, January 2008 The Diversity Visa (DV) lottery program for fiscal year 2009 had open registration from October 3, 2007, until midnight on December 2, 2007.
Diversity Visas for FY ’08 and FY ‘09—What are they and how can they be obtained? By Scott D. Pollock International and Immigration Law, February 2008 Each year since the 1995,2 up to 55,000 immigrants per year have been admitted to the U.S. as “diversity immigrants” as natives of countries with low rates of immigration.
Diversity: Why checking the “box” is not enough By John R. Richards Racial and Ethnic Minorities and the Law, June 2008 On February 15, 2008, I had the privilege to speak as a panelist at “the Hire Big 10 Diversity in the Law 2008” seminar at the ISBA.
Diversity: Why checking the “box” is not enough By John R. Richards Diversity Leadership Council, June 2008 On February 15, 2008, I had the privilege to speak as a panelist at “the Hire Big 10 Diversity in the Law 2008” seminar at the ISBA.
Do the FTC Red Flag Rules apply to you? What every healthcare entity should know about the new requirements to prevent identity theft By H. Carol Saul & Alicia Hayes Sable Health Care Law, December 2008 Security breaches at hospitals and other healthcare entities are occurring with alarming frequency, as evidenced by the nearly daily news stories covering this critical issue.
Do you want to know how you can enhance your relationship with your top-tier clients? Why not ask them? By John W. Olmstead Law Office Management and Economics, Standing Committee on, June 2008 As you well know, your top-tier business and other institutional clients often represent 20 percent of your clients and 80 percent of your business and fee revenue.
Does size matter? Homestead and Tenancy by the entirety By Richard F. Bales Commercial Banking, Collections, and Bankruptcy, March 2008 An update to the author's original article that appeared in the February 2005 issue of Real Property.
Does the grandparent unknowingly contribute towards the child support due from their child? By Roza Gossage Elder Law, May 2008 We have all received advice, either personally or on behalf of our clients, that in order to effectuate a transfer of assets we or our client’s should gift the annual amount allowed by the tax code to our children and their spouses.
Don’t try to settle that case By Jon Gilbert Alternative Dispute Resolution, December 2008 Lawyers engaged in discussions and exchanging correspondence in furtherance of settling a commercial dispute usually assume that they operate within the refuge of Federal Rule of Evidence 408 if something is written or said that shouldn’t have been:
Drawing a line between art and copyright By Margo Lynn Hablutzel Intellectual Property, January 2008 Art can also be the center of intellectual property controversies, as recent charges of copyright infringement have shown.
Due process requires live testimony to judge witness credibility By John J. Holevas Civil Practice and Procedure, February 2008 The Second District of the Illinois Appellate Court in Anderson v. Kohler, 376 Ill.App.3d 714, 877 N.E.2d 110, 315 Ill.Dec. 623 (2nd Dist. Oct. 4, 2007), recently reversed the lower court’s decision for relying on a transcript of plaintiffs’ case-in-chief from a prior trial rather than allowing the plaintiffs to present their case-in-chief anew.