Section Newsletters

Articles From 2009

Sunrise with Judge Sandra Otaka By Hon. E. Kenneth Wright, Jr. Bench and Bar, July 2009 The author remembers Judge Sandra Otaka, who passed away in June of 2009.
‘Sunshine on my shoulders makes me happy’—Sunshine on my subpoenas does not: a case summary of Better Government Association v. Blagojevich By Sharon L. Eiseman Government Lawyers, April 2009 Illinois courts must enforce the legislative policy that “the sunshine of public scrutiny is the best antidote to public corruption[.]”
Support the ISBA Resolution for Congressional Amendment to the Natural Gas Act By Michael A. Mattingly Agricultural Law, July 2009 Over the past several years many property owners throughout the state have faced an issue where energy companies under the Natural Gas Act have received certificates of public convenience issued by the Federal Energy and Regulatory Commission to condemn property.
Supreme Court 2008 term: Several environmental rulings on standing and the Clean Water Act By Becky J. Schanz Environmental Law, July 2009 Summaries of the three environmental law cases issued by the Supreme Court during its 2008 term.
Supreme Court adopts new Rules of Professional Conduct for lawyers By Joseph Tybor Bench and Bar, July 2009 The Illinois Supreme Court has adopted new Rules of Professional Conduct for lawyers who are licensed and who practice in Illinois. The new rules become effective January 1, 2010.
Supreme Court amends rule to allow posting of anticipated associate judge vacancies By Joseph Tybor Bench and Bar, June 2009 The Illinois Supreme Court has announced an amendment to Supreme Court Rule 39 regarding the appointment of associate judges. The amendment takes effect July 1, 2009.
Supreme Court broadens law enforcement investigatory powers By Michael D. Bersani Local Government Law, March 2009 In an historical decision rendered on January 26, 2009, the United States Supreme Court in Arizona v. Johnson, unanimously upheld the authority of the police to “stop and frisk” a passenger detained pursuant to a valid traffic stop, when the officer reasonably suspects that the person is armed and dangerous but does not suspect criminal activity.
The Supreme Court clarifies the standards for vacating or modifying arbitration awards in federal court By Travis J. Ketterman Federal Civil Practice, March 2009 Parties cannot obtain heightened judicial review when seeking to vacate or modify an arbitration award under the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
Supreme Court creates special panel on Illinois evidence By Joseph Tybor Bench and Bar, February 2009 The Illinois Supreme Court has formed a Special Committee on Illinois Evidence with the aim of codifying existing evidentiary law so that it is available in a single source.
Supreme Court eliminates retirement age for judges By Alfred M. Swanson, Jr. Bench and Bar, July 2009 The Judicial Retirement Act (705 ILCS 55/1) has been deemed unconstitutional by the Illinois Supreme Court.
Supreme Court reinstates Commission award of concurrent statutory permanent total disability & scheduled loss of arms By Kevin S. Botha Workers’ Compensation Law, June 2009 The case of Beelman Trucking v. IWCC was appealed to the Illinois Supreme Court, and on May 21, 2009, the Illinois Supreme Court issued its unanimous decision authored by Justice Garman reversing the Appellate Court in part and found that the Petitioner was entitled to both 100 percent loss of use of each arm under §8(e)(10) as well as statutory PTD benefits pursuant to §8(e)(18) as a result of 100 percent loss of use of both legs. 
Supreme Court Rule 213(f)—Witness interrogatories By Ross S. Levey Family Law, December 2009 As divorce practitioners, we sometimes gloss over the requirements of the Code of Civil Procedure and the Supreme Court Rules.
Supreme Court sticks to two-part analysis in death penalty cases By Nathan Howard Human and Civil Rights, January 2009 Last term, the Supreme Court reinforced its two-part analysis for consideration of whether the death penalty violates the Eighth Amendment proscription on cruel and unusual punishment in a given case.
Supreme Court to hear cargo claim case: Does Carmack or COGSA control? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2009 The U.S. Supreme Court has accepted a 9th Circuit case for review where the issue will be which federal statute controls in a cargo damage claim arising from an Oklahoma train derailment on a through bill of lading shipment that originated in China with a sea move to Long Beach, CA followed by an inland rail move to Midwest U.S. destinations in Regal-Beloit Corp. v. Kawasaki Kisen Kaisha, Ltd., 557 F.3d 985 (9th Cir. 2/17/09).
Supreme Court to hear corporate diversity jurisdiction case By Peter LaSorsa Federal Civil Practice, June 2009 The United States Supreme Court granted certiorari in Hertz Corporation v. Friend, in which the Court will consider whether the location of a nationwide corporation’s headquarters can be disregarded by a court in determining a principal place of business for the purposes of diversity jurisdiction.
T & E Ethics Corner Trusts and Estates, April 2009 Some guidelines for jointly representing spouses in estate planning.
Take the house but the dog is mine: Anecdotal “tails” about pet custody issues in divorce By Angela Peters Family Law, December 2009 PART TWO OF TWO PARTS (PART ONE APPEARED IN THE NOVEMBER 2009 NEWSLETTER)
Take the house but the dog is mine: Anecdotal ‘tails’ about pet custody issues in divorce By Angela Peters Family Law, November 2009 The first of a two-part series discussing pet custody issues.
Tax updates and opportunities in the current economy By Donna F. Hartl, Justin W. Clark, & Samuel Hans Federal Taxation, July 2009 If utilizing any of these techniques could reduce some clients’ estate tax, then now is the time to consider implementing such a plan with the current depressed market conditions and the looming possibility that legislative action may curtail the effectiveness of these techniques.
Taxation by association: Amazon.com law and state taxation of Internet sales By Scott Drago Corporate Law Departments, September 2009 Historically, Internet retailers have not collected state and local sales taxes on sales made through an associate program, provided the Internet retailer itself does not have a sales force or store in a particular state. However, the days of relying on this exemption may be numbered. 
Taxation of employment-related settlement payments By Elizabeth Erickson & Ira B. Mirsky Employee Benefits, December 2009 In an internal memorandum dated October 22, 2008, but released only in July of this year, the Internal Revenue Service (IRS) Office of Chief Counsel has outlined information necessary to determine the correct tax treatment of employment-related settlement payments. 
Telecommunications law update By Donna J. Amburgey Energy, Utilities, Telecommunications, and Transportation, December 2009 What did your computer do for you in 1980? What does it do now? How about telephones—they haven’t changed much in the past decade, right? The laws and administrative regulations surrounding and regulating communications of all sorts, from old fashioned television and telephones to the digital revolution and cloud computing, present challenges for any attorney attempting to be a useful advisor to those who work and play in the world of telecommunications.
Ten things a trial attorney MUST DO to preserve the record for a family law appeal By Gregory C. Maksimuk Family Law, September 2009 Ten things every trial attorney needs to know to prosecute a family law appeal.
Third Circuit’s Hydrogen Peroxide decision continues trend toward stricter class certification analysis By Jason Fliegel March 2009 The Third Circuit Court of Appeals recently joined a growing number of circuits in articulating a more rigorous standard for courts to use in assessing when to certify a class under Rule 23 of the Federal Rules of Civil Procedure in In re Hydrogen Peroxide Antitrust Litigation.
“Third party” custody disputes in Illinois and the continuing “riddle” of non-parent “standing” By Lawrence Schlam Child Law, March 2009 Third parties, such as step-parents or grandparents who have become “psychological” parents, are faced with an obstacle in Illinois not faced by parents when seeking to gain or retain custody of children.
Thoughts about future CLE programs—your ideas are important Administrative Law, September 2009 On May 15th, 2009, the ISBA Administrative Law Section Council presented a CLE program entitled State and Municipal Administrative Hearings and Appeals in Springfield.
Three tips to protect a trademark By Shannon A.R. Bond Intellectual Property, September 2009 Colgate-Palmolive Co. is the well-known owner of multiple Colgate Total trademarks for oral-care products. To protect its trademark rights, on July 31, 2009, Colgate filed two separate lawsuits against Johnson & Johnson and Chattem, Inc., demanding the companies withdraw trademark applications for Johnson & Johnson’s Listerine Total Care mouthwash and Chattem’s Act Total Care mouthwash and stop using the Total name.  
‘Til death do us part, or sooner: The family law attorney meets estate planning By Michael C. Craven Elder Law, October 2009 Family law attorneys agree that their clients should review their estate plans following a divorce. However, it is equally important to do so if contemplating or in the process of a divorce.
‘Til death do us part, or sooner: The family law attorney meets estate planning By Michael C. Craven Family Law, June 2009 Family law attorneys agree that their clients should review their estate plans following a divorce. However, it is equally important to do so if contemplating or in the process of a divorce.
Time for a governance “tune-up” By Jeffrey E. Smith Corporate Law Departments, July 2009 As the dust (hopefully) begins to settle during this time of bank and market uncertainty, and a lull continues for bank M&A activity, it may be just the time to review your institution’s governance structure, documents, and mechanisms to bring them up to date (including incorporation of appropriate “best practices” under Sarbanes-Oxley), to provide important alternatives and flexibility for responding to M&A and other corporate opportunities, and to generally put the institution in a position to better respond to market opportunities and events as they unfold.