Section Newsletters

Articles From 2010

Editors’ note By William A. Price & J.A. Sebastian Administrative Law, April 2010 An introduction to the issue from the co-editors of the Administrative Law newsletter.
Editor’s note By Stanley R. Kaminski State and Local Taxation, March 2010 A message from the editor of the Tax Trends newsletter.
Editor’s note By Stanley R. Kaminski State and Local Taxation, February 2010 This issue of Tax Trends has a review of two different cases.
Editor’s note By John L. Nisivaco Tort Law, February 2010 Thank you to all of the contributors. The articles are excellent and we hope you find the materials helpful.
Editor’s note By Stanley R. Kaminski State and Local Taxation, January 2010 This issue contains an article by Julie-April Montgomery on the Cook County Department of Administrative Hearings and its new administrative hearing system.
Editor’s note By John L. Nisivaco Tort Law, January 2010 This edition’s article, written by Daniel Wurl, provides an in-depth discussion of the confusion surrounding the Supreme Court Committee’s current, revised version of Illinois Pattern Instruction Civil No. 105.01, which defines the duty owed by professionals for claims of professional negligence.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, December 2010 What's new in workers' compensation law.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, September 2010 An introduction to the issue from Editor Richard D. Hannigan.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, June 2010 An introduction to the issue from Editor Richard D. Hannigan.
1 comment (Most recent June 10, 2010)
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, March 2010 The views and opinions of the editor of the Workers' Compensation Law Section newsletter.
2 comments (Most recent March 5, 2010)
Editor’s notes By John L. Nisivaco Tort Law, March 2010 An introduction to this issue from the newsletter's editor.
EEOC beats back challenge to its jurisdiction to issue administrative subpoenas By Paul E. Freehling Labor and Employment Law, April 2010 An employer has a greater chance of persuading a federal appeals court to hold part or all of an EEOC administrative subpoena by showing that compliance would be unduly burdensome, rather than arguing the subpoena is outside the EEOC's jurisdiction.
Efficient and effective Internet research for young lawyers By Jennifer Walsh Hammer Young Lawyers Division, August 2010 A helpful guide to doing your best research.
1 comment (Most recent January 5, 2017)
Eighth Circuit weighs in on circuit split over proper venue for appeal from denial of motion to compel arbitration in patent case By John R. Schleppenbach Alternative Dispute Resolution, February 2010 The Federal Arbitration Act provides that an order denying a motion to compel arbitration is immediately appealable. It does not, however, specify which court or courts possess jurisdiction over such an appeal.
Employee benefits in a multi-generational workplace By Michelle Capezza Corporate Law Departments, December 2010 Thoughtful planning will enable any company to motivate and reward its diverse workforce with valuable benefits that will keep the workers happy and the company’s productivity goals on target.
Employee Benefits update By Bernard G. Peter Corporate Law Departments, June 2010 Recent developments relating to employee benefits.
Employers asking for employee passwords for private Web sites like Facebook and Twitter By Peter LaSorsa Legal Technology, Standing Committee on, January 2010 Scenario: Prospective employee arrives at the interview and is asked to give a list of the private Web sites he has along with the passwords so the company can review before hiring. Is this legal? 
Employers beware: How do you protect against the significant legal risks posed by the use of contingent workers? By Daniel N. Janich Business Advice and Financial Planning, June 2010 If companies do not structure the use of contingent workers properly from a legal viewpoint, they could face considerable legal and financial risks.
Employer’s expense tax relief ordinance FAQs State and Local Taxation, June 2010 Frequently asked questions relating to an employer's expense tax.
Employer’s media policy violates labor law By Michael R. Lied Labor and Employment Law, July 2010 An examination of Trump Marina Associates, LLC, in which an employer was found to have violated the National Labor Relations Act by maintaining and enforcing unlawfully broad rules regarding employees and their dealings with the media.
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc. By Raymond T. Reott & Becky J. Schanz Commercial Banking, Collections, and Bankruptcy, March 2010 Courts have issued conflicting opinions on whether claims for injunctions ordering the cleanup of environmental contamination are discharged in a bankruptcy proceeding.
Equipment lessor deemed an “owner” under CERCLA, is liable for remediation costs By James A. Vroman & Genevieve J. Essig Environmental Law, October 2010 The recent case of United States v. Saporito provides a new perspective on who could be held liable for a release of hazardous substances as an “owner” under CERCLA.
The Erie rule as applied in Gacek v. American Airlines, Inc. By Zeke McCartney Corporate Law Departments, October 2010 The court in Gacek held that when a retaliatory discharge case governed by state law is litigated in a federal court, the federal court must apply the state standard to a motion for summary judgment.
ERISA withdrawal liability—The labor dispute exemption By Douglas A. Darch Employee Benefits, June 2010 What happens if an employer ceases making payments to its multi-employer pension plan because its employees are on strike?
ESOPs By Corey Rosen Employee Benefits, March 2010 By providing employers with incentives to make these well-above-normal contributions to ESOPs, Congress has provided a system in which ESOP participants do demonstrably better than their peers, as do ESOP companies.
Estate plan prepared by guardian not ripe for challenge By Margot Gordon Trusts and Estates, January 2010 In October 2009, the First District dismissed the appeal of the former caretaker and nephew-in-law of a disabled person (both of whom were named in the disabled person’s prior estate planning documents) of the dismissal of their challenge to the corporate guardian’s new estate plan for the disabled person for lack of standing.
Estate planning by guardians: The next generation By Robert W. Kaufman Trusts and Estates, November 2010 Although guardianship law has come a long way over the years, recent cases demonstrate there is still conflicting authority on these matters.
Estate tax issues By Thomas F. Arends Federal Taxation, October 2010 The debate surrounding the estate tax centers on the amount of the exemption and the rate. As to the particular exemption levels and the tax rate, the ISBA's Federal Taxation Section supports a permanent exemption level of at least $3.5 million, provided it is indexed for inflation. The Section does not support any rate in excess of 45 percent.
Estate tax or not: Reasons your clients still need estate planning By Jodie E. Distler Hanzlik Trusts and Estates, February 2010 The 2010 estate tax “repeal” has not gone unnoticed by most attorneys and certainly has been the subject of intense scrutiny, dialogue and debate among tax planning professionals.
Ethics corner: Courtesy or controversy—Drafting attorney-reserved power to amend or revoke client’s trust By Donald L. Shriver Trusts and Estates, March 2010 The close relationship you have with your clients may be ample explanation for some unusual fiduciary relationships.