Around the agenciesBy William A. PriceAdministrative Law, February 2010Illinois administrative agencies, boards, and commissions make many of the most important decisions affecting the lives and property of the state’s citizens. Read more about these groups and their powers here.
Attorney General issues opinionsBy Lynn PattonGovernment Lawyers, September 2010A summary of informal opinions that are of interest to government attorneys.
Attorney General issues opinionsBy Lynn PattonGovernment Lawyers, April 2010Recent legal opinions from the Illinois Attorney General.
Attorney’s fee seldom will be greater than lodestarBy Michael R. LiedLabor and Employment Law, October 2010Despite superior performance and results, lawyers in most cases will not be awarded increased attorney fees.
Attorneys: Get on your hobby horse!By Valerie ShermanWomen and the Law, October 2010The benefits of having at least one hobby are huge, especially to attorneys, whose stress levels, happiness, and health are often cited as some of the worst of any profession.
Award of costs to defendants as a condition to granting plaintiffs’ motion for voluntary dismissalBy Bridget A. MitchellCivil Practice and Procedure, January 2010After reviewing the facts of the case and applicable law, the appellate court affirmed the trial court’s decision but modified the court’s order to state that costs awarded were due at the time of refiling the lawsuit but not as a condition to refiling the lawsuit.
Awarding attorney fees in fiduciary duty casesBy Lawrence E. Varsek & Roman R. OkreiTrusts and Estates, March 2010Illinois courts have made clear that they will enter an award against a person who breaches his fiduciary duty when that person benefits from the breach and causes harm to the party or parties to which they owe a fiduciary duty.
Back to the basics: Challenging the accuracy of field sobriety testsBy Rachel J. HessTraffic Laws and Courts, August 2010Generally, in order for a “test” to be considered valid, it must be supported by a reasonable degree of validity in accordance with Frye v. United States.
Basis adjustments for 2010 estates: A navigation system for unknown routesBy Alan E. StumpfTrusts and Estates, April 2010In 2010, the basis of property acquired from a decedent is no longer automatically stepped-up. Rather, the basis is the decedent’s adjusted basis in that property or the fair market value of the property on the date of death, whichever is less.
Before you rush to file a petition for writ of certiorari, you’d better think about a stayBy Ambrose V. McCallFederal Civil Practice, September 2010You are past the point of moving for rehearing. Now, as counsel for your client, you must recommend whether to file a petition for writ of certiorari. When so doing, you also wonder whether you can successfully move for a stay of the mandate.
Beware Blockshopper.com: A call to actionBy Julie A. NeubauerWomen and the Law, May 2010A call for all those in opposition to the practices of Blockshopper.com to speak out against it.
Beware of the newly enacted Illinois Employee Credit Privacy ActBy Peter A. Steinmeyer & Mark M. TrappCorporate Law Departments, October 2010The recently enacted Illinois Employee Credit Privacy Act prohibits most Illinois employers from basing employment decisions or benefits on an applicant’s or employee’s personal credit information.
Billion dollar baby: The Supreme Court will once again review Anna Nicole Smith caseBy Katarinna McBrideTrusts and Estates, November 2010The Court will now review if Ms. Smith (or Ms. Smith’s estate) received a proper hearing in federal courts (a procedural question), and whether state probate courts (Texas) should be the proper venue for hearing such cases.
Book review: Author offers hope for better end-of-life careBy Enid KempeElder Law, April 2010Last Rights gives us a sense that with attainable changes in law and policy, medical training, and hospital habits, a better end-of-life experience can be made available to those who are gradually dying.
BooksEmployee Benefits, September 2010Some suggestions for which books to use when beginning your ERISA research.
Boys, be careful what you promiseBy Mike ReedCommercial Banking, Collections, and Bankruptcy, June 2010Illinois unequivocally recognized the use of promissory estoppel as a cause of action in the Illinois Supreme Court case of Newton Tractor Sales, Inc. v. Kubota Tractor Corporation.
“Bring out your dead!”—Do Freedom of Information Act privacy exemptions survive death?By Heidi Steiner, Iain D. Johnston, & Yana KarnaukhovLocal Government Law, October 2010There is some authority that suggests that the right to privacy is diminished with death. But there is no federal or state statutory authority, advisory manual, or case law that specifically prohibits such redaction of private information.
Building your online networkBy Peter LaSorsaLegal Technology, Standing Committee on, October 2010Use these tips to improve your Internet presence and ensure your business comes up on the first page of a Google or Yahoo search.
Capital loss carry forwards: Valuation and equitable distributionBy Michael DiDomenicoFamily Law, September 2010In the current market, divorce practitioners must increasingly consider capital loss carry forwards and the question of whether they constitute marital property.
Carrying on Lincoln’s legacy: Lawyers who are making a difference todayDiversity Leadership Council, June 2010Four distinguished Illinois attorneys shared their stories as part of the ISBA’s Midyear Meeting program, “Lincoln’s Legacy: Lawyers Protecting Life, Liberty and the Pursuit of Happiness.”
Case briefsBy Whitney RhewAlternative Dispute Resolution, December 2010Summaries of recent cases affecting ADR practitioners.
Case briefsBy Ivana MiljicAlternative Dispute Resolution, October 2010Summaries of recent cases affecting ADR practitioners.
Case briefsBy Sidra HamidiAlternative Dispute Resolution, April 2010Recent cases related to alternative dispute resolution.