Section Newsletters

Articles From 2010

Save the date: June 2, 2010 Administrative Law, May 2010 Attend our CLE program, "Ethics in Today's Government Agencies" on-site or via Live Webcast. On-site seating is limited, so register early!! Go to www.isba.org/cle for more details and registration information.
Save the date: March 5, 2010 By J.A. Sebastian & Hon. Edward J. Schoenbaum Administrative Law, January 2010 Sign up for the March 5th program!
Say bye-bye to passive activity losses: A possible past-time for LLCs and LLPs By Jesse T. Coyle Trusts and Estates, January 2010 Limited liability companies (LLCs) and limited liability partnerships (LLPs) are well ingrained as two of the preferred techniques used by estate planning professionals. Both LLCs and LLPs offer significant advantages that many other techniques do not: valuation discounts, retention of control, and tax efficiency. To the delight of those individuals who use LLCs and LLPs in their estate planning work, the perceived tax efficiency of these methods has improved through two recent court cases.  
Scope of arbitrator’s authority limits authority in rewarding damages By Margaret Nunne Alternative Dispute Resolution, October 2010 In Prate Installations, Inc., v. Chicago Regional Council of Carpenters, the court found that an arbitrator cannot award damages or remedies for periods of time after the expiration of the collective bargaining agreement.
SCRAM: A sentencing option in alcohol-related offenses By Hon. Gregory Paul Vazquez Traffic Laws and Courts, June 2010 An explanation of SCRAM technology.
Sea change in Illinois eminent domain law By Pat Lord Local Government Law, December 2010 The difficulties that eminent domain petitioners face under the New Eminent Domain Act will likely be exacerbated by the recent case of Forest Preserve District of DuPage County v. First National Bank of Franklin Park et al.
SEC issues interpretive guidance on climate change disclosure requirements for public companies By Dustin T. Till Business and Securities Law, June 2010 The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
SEC issues interpretive guidance on climate change disclosure requirements for public companies By Dustin T. Till Environmental Law, May 2010 The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
Second chances for Benny and Remo—Dog fighting no longer seen as a “victimless” crime in Chicago plea agreement By Lauren Gallagher Animal Law, November 2010 In her recent sentencing order, Cook County Circuit Court Judge Victoria Stewart made history by not only recognizing the animals seized from a dogfight as victims, but their owners were required to pay for the damage done to these victims.
Section 4(d): To sue or not to sue in the circuit court. That is not the question. The question is how do you do it. By Kelly Johnson Workers’ Compensation Law, September 2010 A look at the case of Keating v. 68th and Paxton, L.L.C. and Oglesby Management Company.
Seeking wisdom By Jean A. Kenol Young Lawyers Division, February 2010 The single best (and most memorable) piece of advice that I received came from a professor of mine during my junior year of college. He told me to always “seek wisdom.” In his explanation of this advice he told me to seek advice from trusted people who have been down the paths I will take throughout my life. Basically, find a mentor. This advice never became more valuable than when I started my legal career.
Selected Insurance Provisions in the 2010 Health Care Reform legislation By James T. Nyeste Insurance Law, June 2010 An explanation of the legislation’s major changes to the private health plan and insurance system.
SENATE BILLS—Criminal, Traffic & Juvenile By Steve Baker Criminal Justice, December 2010 Senate Bills passed by the Illinois General Assembly.
A separate coverage limit for the loss of consortium claim? By James T. Nyeste Insurance Law, October 2010 Most liability policies provide coverage for damages on account of “bodily injury” and “property damage.” Whether your client’s loss of consortium claim is entitled to a separate “per person” limit, in whole or in part, or whether it is subject to the same limit the insurer is offering on her husband’s physical injury claim, will depend on the policy’s definitions of “bodily injury” and the “per person” limit.
Setting child support—Part I By Sara A. Stolberg Child Law, June 2010 The first in a series of articles that help identify common issues in determining child support.
Severing the landline By Peter LaSorsa Legal Technology, Standing Committee on, March 2010 The author presents his case for the elimination of traditional telephone service.
1 comment (Most recent February 26, 2010)
Shared interest negotiation By Hon. Bruno J. Tassone Tort Law, March 2010 A good agreement is one that is efficient, improves or at least does not damage the relationship, and meets the bona fide interests of each party.
Shipper’s insurers prevail in COGSA litigation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2010 A look at the recent case of American National Fire Ins. Co. v. MTV Seaboard Victory.
Significance of Italian court’s “extraordinary rendition” convictions By Elizabeth Lazicki International and Immigration Law, May 2010 “Extraordinary rendition” is a controversial practice which “involves the snatching of suspects and their forcible transfer for interrogation to third countries—often those states where torture is routinely employed.”
The significance of share transfer restrictions for closely held corporations By Derek P. Usman Business and Securities Law, May 2010 Without an agreement restricting share transfers, corporate shares would be freely transferable and prevent the remaining shareholders from maintaining a desirable ownership structure.
The Sixth Amendment requires defense counsel to provide immigration advice By Matthew Kuenning Bench and Bar, June 2010 In Padilla v. Kentucky, the United States Supreme Court held that when it is “truly clear” a guilty plea will result in deportation, counsel must so advise or the representation is deficient under Strickland v. Washington.
SLAPP has a bite By John B. Kincaid Civil Practice and Procedure, November 2010 In a flurry of appellate activity, Illinois now has four interpretations of the Citizen’s Participation Act--the first published appellate decisions interpreting the legislative purpose of the SLAPP statute passed by the Illinois Legislature in 2007.
1 comment (Most recent December 15, 2010)
SLAPPed with attorney fees: Awards pursuant to the Illinois Anti-SLAPP Act By Hon. James Fitzgerald Smith & Julia Illman Maness Civil Practice and Procedure, November 2010 Until the scope of the Anti-SLAPP Act is narrowed through legislation or judicial interpretation, this article's authors advise any attorney who is on notice that his or her actions may fall under the SLAPP matrix to proceed with caution.
So you think you might want to go public someday By Lola Miranda Hale Corporate Law Departments, September 2010 Addressing the issues presented in this article will assure that your company is not only ready but positioned to succeed regardless of whether the decision to go public is ultimately implemented.
Software acquisitions beware! By Frank M. Grenard Legal Technology, Standing Committee on, March 2010 Due diligence must be used for consolidations, acquisitions, divestitures, and any other entity change which would result in a new legal entity becoming the user of the licensed product.
Someone you should know: Sam Brooks, Deputy Managing Counsel with the USPS By Patrick T. Driscoll, Jr. & Caitlyn Jones Government Lawyers, December 2010 As someone who has devoted his career to government work and public service, Sam Brooks is someone you should know.
Someone you should know—Tom Ioppolo, Assistant Attorney General By Ronald A. Rascia & Ann Hagerty Government Lawyers, June 2010 Learn about Top Ioppolo, supervising attorney for the Illinois Attorney General's Civil Rights Unit.
Special Committee on Construction Law: Year in review By Samuel H. Levine Real Estate Law, September 2010 An introduction to this issue from the Chair of the ISBA's Special Committee on Construction Law, Samuel Levine.
Spotlight on community services: Rainbows By Nicole Onorato Child Law, December 2010 The first article in a series that will highlight community organizations providing services to children above and beyond what's considered traditional.
Spotlight on our very own “Home-grown Chicago girl”: An interview with the Honorable Patrice Ball-Reed By Mary F. Petruchius Women and the Law, September 2010 An interview with Judge Patrice Ball-Reed, by Mary Petruchius.