Section Newsletters

Articles From 2013

The Federal Trade Commission and Department of Justice hold workshop on most favored nations clauses—Will more enforcement follow? By Mark McCareins January 2013 On September 10, 2012, the Federal Trade Commission and the Department of Justice held a joint workshop to discuss the economic effects and legal treatment of most favored nations clauses.
Fee awards: Not a sure thing By Susan M. Brazas Trusts and Estates, February 2013 Attorneys should be cautious to file fee petitions or claims within the time prescribed by statute or court order, and should be prepared to address not just the statutory basis for fee awards but also any pertinent ethical or policy concerns.
Fee awards: Not a sure thing By Susan M. Brazas General Practice, Solo, and Small Firm, January 2013 Attorneys should be cautious to file fee petitions or claims within the time prescribed by statute or court order, and should be prepared to address not just the statutory basis for fee awards but also any pertinent ethical or policy concerns.
Female judges in Illinois: Where are we now? By Cindy G. Buys & Stephanie Macuiba Women and the Law, May 2013 This article examines some of the statistics relating to females in the judiciary in Illinois and includes interviews with several female judges examining the role and experiences of these female judges.
Fifield and Enterprise Finance Group, Inc. v. Premier Dealer Services, Inc.: Two years of continuous employment necessary to enforce postemployment restrictive covenants By Ayla N. Ellison Labor and Employment Law, September 2013 The First District Appellate Court, in its recent decision in Fifield and Enterprise Finance Group, Inc. v. Premier Dealer Services, Inc., held that a noncompetition agreement is not valid and enforceable if an employee is fired or resigns within two years.
2 comments (Most recent October 5, 2013)
Fifield: A new “requirement” for restrictive covenants By Joseph H. McFarlane Business Advice and Financial Planning, December 2013 The recent Illinois appellate court decision of Reliable Fire Equipment Co. v. Arredondo invalidating a non-solicitation and non-competition agreement, has employers wondering whether they could ever enforce restrictive covenants against their former employees.
Fifth Circuit holds personal jurisdiction needed to confirm foreign arbitration award By John R. Schleppenbach Alternative Dispute Resolution, February 2013 The Fifth Circuit has added to the emerging trend of allowing petitions to confirm foreign arbitration awards to be dismissed based on a lack of personal jurisdiction.
Finding, hiring and retaining top law firm associate attorneys: Are you getting the right associates on the bus for the long term? By John W. Olmstead, Jr. Law Office Management and Economics, Standing Committee on, November 2013 Have you really discussed with your associates their interests in equity ownership?
The Firearm Concealed Carry Act in a nutshell By Jennifer E. Bae General Practice, Solo, and Small Firm, October 2013 On July 9, 2013 Illinois became the last state to adopt a concealed carry law that allows permitted gun owners to carry firearms in public places after they pass an application process.
First District examines punitive damage standards in fraud suit By Paul B. Porvaznik Real Estate Law, December 2013 In K2 Development, LLC v. Braunstein, the First District addressed Illinois law’s compensatory and punitive damages guideposts in a convoluted real estate fraud suit filed by an LLC against one of its two members.
First District finds waiver of right to force individual arbitration of class action claims By John R. Schleppenbach Alternative Dispute Resolution, October 2013 A corporate litigant in the First District case of Bovay v. Sears, Roebuck & Co. recently argued that it had not waived its right to arbitrate by failing to assert it during approximately a decade of litigation.
First District requires two years of continuous employment to enforce employee covenants not to compete: Fifield v. Premier Dealer Services, Inc., 2013 IL App (1st) 120327 By Ronald D. Menna, Jr. Civil Practice and Procedure, August 2013 Fifield v. Premier Dealer Services, Inc. is one of the first published decisions on the enforcement of employment non-competition clauses following the Supreme Court’s decision in Reliable Fire Equipment Co. v. Arredondo on December 1, 2011.
Five quick questions with Jason R. Boltz, General Counsel of the Illinois Department of Public Health By Paul Thompson Government Lawyers, June 2013 These questions and answers provide insight into the Illinois Department of Public Health.
Five simple rules to protect your reputation as a law student By Marie K. Sarantakis Young Lawyers Division, August 2013 The legal community, while expansive, is particularly close-knit. The people sitting next to you in class, attorneys you meet at events, and judges you appear before on the bench are all people that you will run into again and again throughout your career.
1 comment (Most recent August 9, 2013)
Flexible volunteer opportunity available to law students By Marie K. Sarantakis Young Lawyers Division, August 2013 Illinois Legal Aid Online makes it possible for those with busy schedules to volunteer by setting their own hours while working from home.
Florida v. Harris & proof of the reliability of the drug-detection canine By Rob Shumaker Animal Law, April 2013 This article addresses case law on drug-detection dogs, the recent United States Supreme Court opinion, and offers insight on how prosecutors, defense counsel and trial judges should consider the issue of a dog’s reliability in detecting illegal narcotics.
Florida v. Harris & proof of the reliability of the drug-detection canine By Rob Shumaker Criminal Justice, April 2013 This article addresses case law on drug-detection dogs, the recent United States Supreme Court opinion, and offers insight on how prosecutors, defense counsel and trial judges should consider the issue of a dog’s reliability in detecting illegal narcotics.
Follow-up on September article By Eugene G. Doherty & David J. Balzer Civil Practice and Procedure, October 2013 A reader's comments on the article, "Does an Affidavit Really Prove a Privilege,” and reaction to those comments from the article's author.
Follow-up on the article By Eugene G. Doherty & David J. Balzer Bench and Bar, November 2013 A reader's comments on the article, "Does an Affidavit Really Prove a Privilege,” and reaction to those comments from the article's author.
Foreclosure loss mitigation & mediation rules By Daniel Lindsey Bench and Bar, April 2013 A closer look at new Supreme Court Rule 114, which went into effect on March 1, 2013.
Forty-seven years not enough to sustain laches defense: Department of Natural Resources v. Waide By John W. Weiss Civil Practice and Procedure, September 2013 Examining the case law related to laches, the Fifth District emphasized that the mere passage of time is not enough to sustain a laches defense.
The Forum-Defendant rule bars removal of citation action By Ambrose V. McCall Federal Civil Practice, September 2013 Before pursuing removal, counsel should check the statutory maps related to their causes of action to see if they show an exit ramp leading back to state court.
Four who believed in the Illinois Constitution By Ann Lousin Bench and Bar, May 2013 A look at four Illinois lawyers who have helped to shape and improve Illinois law, government, and our Constitution.
FRCP 12(c) - Motion for Judgment On The Pleadings: A useful tool for both plaintiffs and defendants By Stanley N. Wasser Federal Civil Practice, December 2013 A guide for practitioners using a Rule 12(c) motion.
FRCP 12(c) - Motion for judgment on the pleadings: A useful tool for both plaintiffs and defendants By Stanley N. Wasser Corporate Law Departments, November 2013 Given that a computer research search for “12(c)” federal cases this year to date turns up over a thousand case citations, having a good handle on when to use or how to defend against a Rule 12(c) motion is something that federal court practitioners should seriously consider.
Freedom of information By John H. Brechin Local Government Law, November 2013 The United States Supreme Court, in a unanimous decision, held that the Virginia Freedom of Information statute, which is only available to citizens of their state, did not violate the privileges and immunities clause of the Constitution.
Frequently asked questions: Tax pamphlets By James Creech Federal Taxation, January 2013 The Center for Economic Progress has created pamphlets designed to answer frequently asked questions about issues that commonly occur for low income taxpayers.
Frezados v. Ingalls Memorial Hospital: A clear case of apparent agency By Hon. Daniel T. Gillespie & Emily Laskowski Civil Practice and Procedure, August 2013 One area of frequent litigation in medical malpractice cases, particularly at the summary judgment stage, is the question of whether or not a physician can be considered the apparent agent of the hospital at which he or she is authorized to practice.
From rags to riches: How the portrayal of female attorneys in the media has evolved from clothes and fashion to focus and success By Kerrianne Waters Women and the Law, May 2013 As the female population becomes more present in the legal profession, the portrayal of these females on television has also increased and has an impact on what the public expects from a female attorney. But is this a good thing? Are these portrayals accurate?
From the Chair By Michael J. Maslanka Human and Civil Rights, December 2013 A message from Section Chair Mike Maslanka.