Articles From 2010

NDIL adopts Local Patent Rules Intellectual Property, March 2010 The Local Patent Rules apply to all cases filed in or transferred to the district after October 1, 2009 involving a claim of utility patent infringement, non-infringement, invalidity, or unenforceability.
Need for a license ensures you pay your taxes By Julie-April Montgomery State and Local Taxation, August 2010 Before you can obtain a license to open your business, the government issuing the license will normally check to ensure that you, as either an individual or a person involved with another business, have no outstanding tax obligations.
The need to review Illinois residential installment contracts By Jack H. Tibbetts Real Estate Law, May 2010 When using an installment contract, the parties should always consider the impact of the Illinois mortgage foreclosure law as well as the title insurance needs at the time of closing.
A new approach to electronically stored information: An update on the Seventh Circuit Electronic Discovery Pilot Program By Timothy J. Chorvat & Christine P. Benavente Civil Practice and Procedure, July 2010 The Pilot Program will now expand, taking account the feedback received in Phase One. Phase Two began on July 1, 2010 and will run until May 1, 2011.
A new approach to electronically stored information: The Seventh Circuit Electronic Discovery Pilot Program By Timothy J. Chorvat & Christine P. Benavente Civil Practice and Procedure, January 2010 On October 1,2009, Phase One of the Seventh Circuit Electronic Discovery Pilot Program (“Pilot Program”) came into effect in participating federal courts in the Northern District of Illinois and other districts in the Seventh Circuit.
New CERCLA settlement obstacles By Robert Olian Environmental Law, September 2010 A look at the recently decided case of Agere Systems, Inc., et al. v.Advanced Environmental Technology Corporation, et al, which will have a broad-reaching effect on potentially responsible parties.
New financial reporting rules and proposed IRS rules would raise the stakes on taking aggressive tax positions By Edward J. Hannon & Michelle B. Baxter Federal Taxation, May 2010 Two recent changes to financial reporting and tax return disclosure rules could impact whether taxpayers will choose to take tax positions that have a significant chance of being challenged by the IRS.
New Illinois Freedom of Information Act and Open Meetings Act amendments By Walter J. Zukowski & Anthony R. Phelps Education Law, February 2010 The Freedom of Information Act and the Open Meetings Act have received substantial press as a result of SB 189, recently signed by Governor Quinn.
New Illinois law streamlines corporate filing requirements By Kathryn A. Watson Business and Securities Law, December 2010 A look at recently enacted legislation intended to reduce the costs and redundancy of document filing requirements.
The new Illinois Rules of Evidence By Douglas J. Quivey General Practice, Solo, and Small Firm, December 2010 The new Illinois Rules of Evidence should greatly benefit practioners and make evidentiary rulings more consistent.
New Medicaid rules harm women, seniors By Diana M. Law Women and the Law, October 2010 The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money for any reason to family members and charities, since it presumes the money was transferred to qualify for Medicaid long-term care benefits.
New Procedural Rules—and more may be on the horizon By Camille M. Knight Federal Civil Practice, March 2010 Summaries of the amendments to the Federal Rules of Civil Procedure, local rules, and statutory changes.
New regulation on security zones restrictions in Argentina By Laura Lavia Haidempergher International and Immigration Law, December 2010 Argentine law states that real estate located in security areas must belong to native Argentine citizens, on the basis of national interest.
New School Laws 2010, Part I* Education Law, April 2010 Recently enacted legislation affecting education in Illinois.
New School Laws 2010, Part II* Education Law, May 2010 Recently enacted legislation affecting education in Illinois.
New senior minefield: The DRA comes to Illinois Elder Law, June 2010 The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money to family members and charities.
New USEPA lead paint renovation rule By Raymond T. Reott Environmental Law, October 2010 Earlier this year the U.S. EPA adopted new rules involving the renovation and repair of pre-1978 structures with suspected lead-based paint.
News you can use Government Lawyers, December 2010 Attorney General Lisa Madigan has released her newest Play it Safe Guide, a listing of children's products recalled in the past year.
News you can use Administrative Law, May 2010 Upcoming dates of interest for the Administrative Law practitioner.
News you can use Government Lawyers, April 2010 Recent developments of interest to government attorneys.
NFL’s labor fight predicted to be expensive By Margaret Nunne Alternative Dispute Resolution, December 2010 If the owners and the NFL Players Association are unable to come to an agreement, it would mean the first work stoppage since 1987.
Ninth Circuit removes potential barrier to federal jurisdiction over Motions to Compel Arbitration By John R. Schleppenbach Alternative Dispute Resolution, June 2010 While the existence of federal jurisdiction over a motion to compel arbitration remains far from certain,the recently decided case of Geographic Expeditions v. Estate of Lhotka makes it somewhat more attainable.
Nitpicking, or just plain mean? By Jewel N. Klein Administrative Law, August 2010 Two recent decisions that exemplify administrative agency litigation strategies.
No grace period for paying undisputed statutory amputation benefits due under Section 8(e) By Catherine Mafee Levine Workers’ Compensation Law, March 2010 As soon as respondent determines that a dispute does not exist, reasonably knows the extent of the amputation and is able to calculate the appropriate average weekly wage, statutory loss benefits should be paid “immediately” and “promptly.”
No just desserts for jus tertii defense in Illinois By Steven L. Baron & Rebecca A. Edwards Intellectual Property, March 2010 A review of the landmark case of The Jim Mullen Charitable Foundation v. World Ability Federation, in which a jus tertii defense used in a trademark infringement case is rejected for the first time in Illinois.
Non-Precluded Measures clauses and their effect on foreign investment By Gabriela A. Grinblat International and Immigration Law, August 2010 Many Bilateral Investment Treaties include a Non-Precluded Measures clause, meant to limit a country’s liability in certain exceptional circumstances.
Nonlawyer advocates in administrative proceedings By Jeffrey A. Parness Civil Practice and Procedure, February 2010 In Grafner v. Department of Employment Security, 914 N.E.2d 520 (1st Dist. 2009), the court considered whether a nonlawyer hired from an employer services company could represent a former employer in an administrative proceeding before the Department of Employment Security (DES) in a case involving disputed employment compensation benefits allegedly owed a former employee.
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Not just a bill By Mary Cascino Elder Law, June 2010 HB 6477, which revises the Illinois Power of Attorney Act to minimize abuses, has passed the Illinois General Assembly and is ready for the Governor to sign.
Not just a bill By Mary Cascino Trusts and Estates, May 2010 HB 6477, which revises the Illinois Power of Attorney Act to minimize abuses, has passed the Illinois General Assembly and is ready for the Governor to sign.
Note from the Chair By William Seitz State and Local Taxation, October 2010 An invitation to attend Section Council meetings, from Chair William Seitz.