Section Newsletters

Articles From 2009

Editor’s note By Karen Sewell March 2009 An introduction to the issue from editor Karen Sewell.
Editors’ note By Patrick J. Hughes & Anthony E. Rothert Human and Civil Rights, February 2009 An introduction to the issue from Editors Pat Hughes and Anthony Rothert.
Editor’s note By Michael L. English Real Estate Law, February 2009 An introduction to the issue from Editor Michael English.
Editor’s note By Michelle L. Thoma-Culver Corporate Law Departments, February 2009 An introduction to the issue from Editor Michelle L. Thoma-Culver.
Editor’s note By Michael L. English Real Estate Law, January 2009 An introduction to the issue from Editor Michael English.
Editor’s note By Michelle L. Thoma-Culver Corporate Law Departments, January 2009 An introduction to the issue from Editor Michelle L. Thoma-Culver.
Editor’s note By Karen Sewell January 2009 An introduction to the issue from editor Karen Sewell.
Editor’s note By Stanley R. Kaminski State and Local Taxation, January 2009 An introduction to the issue from editor Stanley Kaminski.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, December 2009 Please note that the opinions contained in these articles and interviews are not necessary the opinions of the Illinois State Bar Association and are solely the opinion of the author.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, September 2009 An introduction to the issue from Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, June 2009 An introduction to the issue from Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, March 2009 An introduction to the issue from Editor Rich Hannigan.
The Efficient Market Hypothesis and ERISA Employee Benefits, September 2009 EMH holds that the price of a stock incorporates all publicly available information about the company; it follows that plan fiduciaries are entitled to rely on that valuation and are not required to second-guess the market.
Electronic Discovery Project in the Northern District of Illinois Federal Civil Practice, June 2009 Chief Judge James Holderman of the Northern District of Illinois has empaneled a special committee to examine issues relating to electronic discovery in the Northern District. A preliminary report would be presented to the Judicial Conference in May, 2010.
Electronic discovery: Pay now or pay later! By Alan Pearlman Law Office Management and Economics, Standing Committee on, February 2009 The days of paper documents are becoming a faint memory and being replaced with e-mail, instant messaging, video and VoIP. Although these tools make our everyday lives easier, they have the potential to become a serious liability for your company if not managed properly.
Eleventh Judicial Circuit Court-Annexed Small Claims Mediation Program By Deborah F. Haas Bench and Bar, April 2009 In 2008, the Circuit Court of McLean County developed a Small Claims Mediation Program. The program is designed to assist pro se litigants in an effort to resolve their small claims disputes.
Employee’s affidavit insufficient to defeat employer’s motion for summary judgment Labor and Employment Law, December 2009 Employee-side practitioners should use this as a cautionary note to avoid extraneous allegations of bias in such actions, and employer-side practitioners should be mindful of the ability to use such extraneous allegations to argue against allegations of discriminatory-based bias. 
Employment agreements By Herbert J. Klein Business Advice and Financial Planning, March 2009 Key points to consider in advising a client considering an employment agreement.
Encased asbestos: Dangerous or safe? By Becky J. Schanz Environmental Law, April 2009 A recent Seventh Circuit opinion addressed a seller’s potential liability for asbestos that remains within a building after it is sold.
Enforceability of ERISA waiver provisions in antenuptial agreements By Michael DiDomenico Family Law, March 2009 It is appropriate to recognize an action in breach of contract against spouses for failure to waive their ERISA benefits as promised in a prenuptial agreement.
Enforcing federal court monetary judgments By Travis J. Ketterman Federal Civil Practice, December 2009 Although obtaining a judgment is a worthwhile endeavor, a plaintiff is only truly successful if the defendant actually pays the judgment. This article reviews the various actions taken by plaintiffs to collect money after obtaining a judgment in federal court.
Enforcing settlement agreements after a case has been dismissed “with prejudice”: Does the court retain jurisdiction to enforce the agreement? By Laura L. Milnichuk Civil Practice and Procedure, March 2009 In Director of Insurance v. A & A Midwest ReBuilders, Inc., et al. the Second District Appellate Court held that the trial court retained jurisdiction to enforce a settlement agreement in an action that had been dismissed “with prejudice.”
Ensuring fairness in Illinois Whistleblower Act claims By Stuart Chanen & Chris Stetler Civil Practice and Procedure, July 2009 In an effort to fight fraud, the Illinois Whistleblower Reward and Protection Act allows private parties to bring lawsuits on behalf of the State. But what should the State do when those private parties abuse that power by bringing claims that are without merit?
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc. By Raymond T. Reott & Becky J. Schanz Environmental Law, October 2009 In general, once a company files for reorganization under the federal bankruptcy laws and is reorganized, old creditors may not pursue debts arising before the reorganization.
Equal protection—Class of one By John H. Brechin Local Government Law, December 2009 The Seventh Circuit Court of Appeals recently announced its decision in Hanes v. Zurick on August 18, 2009. 
ERISA update By Amy L. Blaisdell & Wendy S. Menghini Business Advice and Financial Planning, December 2009 During the economic downturn, it has become commonplace for putative class action lawsuits to be filed under the Employee Retirement Income Security Act of 1974 (“ERISA”) on the heels of federal securities cases against publicly traded companies and the directors and officers at their helm.
ESOPs Employee Benefits, September 2009
Essay: Law in a time of cholera* By Mary L. Milano Government Lawyers, December 2009 There was an incredible sense of giddiness in our office a week or two ago. In at least some quarters, one could say it was reminiscent of what most of us recall at the end of the bar exam or getting that first job offer.
Establishing actual damages in legal malpractice cases By Kenneth J. Ashman & Neal D. Kitterlin General Practice, Solo, and Small Firm, July 2009 What happens when the attorney has been retained to defend a lawsuit and, due to malpractice, misses a defense that results in a judgment being entered against the client? Assuming the client does not have the funds to pay the judgment, has the client suffered actual damages as a result of the attorney’s malpractice? A look at the recent case of Fox v. Seiden.
Estate and gift tax recent cases and rulings By Joseph P. O’Keefe & Elizabeth C. Hesselbach Federal Taxation, July 2009 Recent updates in estate and gift taxes.