Analysis of order preliminarily enjoining Arizona S.B. 1070By David W. AustinHuman and Civil Rights, August 2011S.B. 1070 has already generated a number of resolutions in both the Illinois House and Senate, as well as the Chicago City Council, all calling for its repeal.
Annual Luminary of Hope EventBy Melissa M. OliveroDiversity Leadership Council, June 2011Nearly 100 people commemorated Domestic Violence Awareness Month at the annual Luminary of Hope event in October.
Apparently, “head-in-the-sand” is not a valid defenseBy Jeffrey A. MolletCommercial Banking, Collections, and Bankruptcy, November 2011The recent case of U.S. v. Buchman gives practitioners guidance on what not to do to prove your case.
Appeals court examines amounts in controversyBy Michael R. LiedFederal Civil Practice, December 2011In two recent cases the Seventh Circuit Court of Appeals considered how to determine what amount of money is at issue in a lawsuit.
Are “drag along” provisions valid in Illinois?By William A. PriceBusiness and Securities Law, November 2011Private equity transactions routinely include the right to compel owners of a minority interest in a company to take the same price that the majority gets in future deals, without the appraisal and “fair value” process provided in the Illinois Business Corporation Act. Is this type of provision valid?
Ask the Ag Law Expert—Or at least get a bunch of opinions!Agricultural Law, September 2011The Ag Law discussion group, or list serve, serves as an open forum for Section members to post questions and seek responses. Get more details and sign up here.
AT&T Mobility, LLC v. Concepcion: An unprecedented change in consumer class action availabilityBy Carolyn A. ThiessCorporate Law Departments, September 2011The decision of AT&T Mobility, LLC v. Concepcion greatly hinders the availability of class action proceedings under Federal Rule of Civil Procedure 23, as well as class action arbitrations, and represents a major victory for corporations.
Attorney fees on MSA funds confirmed in N.J.By Brad E. BleakneyWorkers’ Compensation Law, November 2011The New Jersey Superior Court recently considered whether Medicare regulations and CMS allowed an attorney to recover attorney fees for creating a settlement obtained on behalf of a client in a civil suit from the Medicare set aside funds itself.
Attorney General issues opinionsBy Lynn PattonGovernment Lawyers, October 2011A summary of recent opinions of interest to government lawyers.
Attorney General issues opinionsBy Lynn PattonGovernment Lawyers, March 2011A summary of informal opinions that are of interest to government attorneys.
Attorney mentoring—Pass it onBy Jayne ReardonRacial and Ethnic Minorities and the Law, October 2011In October of last year the Illinois Supreme Court adopted Supreme Court Rule 795(d)(12), which provides that lawyers completing a year-long structured mentoring program, as either mentors or mentees, may satisfy their entire professional responsibility CLE requirement.
Average adjusted gross income 2009 - 2012By David HoffAgricultural Law, November 2011A refresher on the Adjusted Gross Income issue as applicable for the remainder of 2011 and all of 2012.
Avoiding “blanket prohibitions” on competition in employment agreementsBy Arthur SternbergLabor and Employment Law, December 2011A contractual restriction on competition by a former employee must avoid a “blanket prohibition” on competition to be enforceable. This article examines Illinois law on what is a blanket prohibition and how to avoid it.
Banks are debtors too—Attorneys bewareBy Michael McKenzieCommercial Banking, Collections, and Bankruptcy, July 2011When problem banks go into FDIC receivership, the loss exposure for both billed and unbilled time increases exponentially, and the probability of recovering legal fees from an FDIC receivership are practically nil. There are several steps attorneys can take, however, to minimize loss, mitigate risk, and preserve the client relationship.
Best interests and presumptions circa 2011By Elizabeth ChackoChild Law, February 2011While the courts now utilize the best interests of the children standard when determining custody, the age and sex of the children and the sex of the party can be a factor considered by the courts in determining custody. But to what extent and how much emphasis should the court place on this factor?
Beware and aware of those international treaties!By Lynne R. OstfeldInternational and Immigration Law, May 2011Any attorney involved with an international transaction needs to be aware of treaties such as the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Use of Electronic Communications in International Contracts and make a determination if he or she will accept or exclude their provisions.
Beyond the verdict II: Jurors evaluateBy Hon. James VargaBench and Bar, October 2011In part one of this article the author described the procedure and results of from 10 jury trials. In this second part, the author explains the significance of the results.