Section Newsletters

Articles From 2013

Illinois tries to ensnare snowbirds (again) By Steven E. Siebers & Emily Schuering Jones Trusts and Estates, August 2013 This is a follow-up to the article titled “Snowbirds Fly Free of Illinois Tax” that was published in the February 2013 edition of the ISBA Trusts & Estates Newsletter.
Impermissible venue under section 3-104 of the Administrative Review Law (735 ILCS 5/3-104) By J.A. Sebastian Administrative Law, October 2013 The recent decision of Slepicka v. State of Illinois, Department Of Public Health serves as an important reminder to read the provisions of the Administrative Review Law, and the statutory provision that creates the state agency together, to determine the permissible venue under both the governing statute and section 3-104 of the Administrative Review Law.
Implications of Koontz v. St. John’s River Water Management By Aaron N. Gruen Local Government Law, October 2013 A look at the implications of the Koontz decision for municipalities and developers engaging in the land use entitlement development process.
The implied warranty of habitability and protecting your contractor and property vendor clients By Jason G. Schutte Real Estate Law, January 2013 This article will provide a brief history of the implied warranty of habitability, a description of who it applies to, the basic elements of a cause of action under the warranty and effective practices to disclaim the warranty.
Implied warranty of habitability waiver to developer not enforceable against contractor By Justin L. Weisberg Construction Law, June 2013 The First District Appellate Court released an opinion on June 21, 2012 which has a significant impact on many residential construction defect claims alleging a breach of the implied warranty of habitability.
Implied-in-fact contract claims and motions to reconsider By Paul B. Porvaznik Real Estate Law, November 2013 In 1801 W. Irving, LLC v. Splitt Architects, Ltd., a plaintiff developer sued an architect for breach of an oral contract and for implied indemnity in connection with the construction of a condominium building.
In memory of Ross Kodner, a legal technology pioneer By Nerino J. Petro Legal Technology, Standing Committee on, November 2013 Ross was relentless at promoting the benefits of legal technology for lawyers and their staff, and had a personality as grand his ideas.
In politics, the middle way is none at all By Robert E. Wells, Jr. Alternative Dispute Resolution, February 2013 A fictitious conversation highlighting the importance of listening.
In re Synthes, Inc. shareholder litigation—Of fiduciary duties and footnotes By Tracy J. Nugent Business and Securities Law, February 2013 In Synthes, the court addressed the fiduciary duty of a director who was the majority stockholder, and five other members of the Synthes Board of Directors he allegedly controlled, in the negotiation of the sale of the company.
In rem is incomplete: Re-thinking a common foreclosure practice By Michael G. Cortina, Amber L. Michlig, & Stephen J. Butler Commercial Banking, Collections, and Bankruptcy, February 2013 This article argues that an in rem deficiency only applies in certain circumstances and concludes that if an in personam deficiency is sought in the complaint and not granted, the court leaves open the ability of the plaintiff to later sue the debtor again in order to obtain a personal judgment for the amount of the deficiency.
In the April issue… By Darrell Dies & Jacob Frost Trusts and Estates, April 2013 An introduction to the issue from co-editors Darrell Dies and Jacob Frost.
In the August issue… By Darrell Dies Trusts and Estates, August 2013 An introduction to the issue from Editor Darrell Dies.
In the December issue… By Darrell Dies Trusts and Estates, December 2013 An introduction to the issue from Editor Darrell Dies.
In the February issue… By Darrell Dies & Jacob Frost Trusts and Estates, February 2013 An introduction to the issue from Co-Editors Darrell Dies and Jacob Frost.
In the January issue… By Darrell Dies & Jacob Frost Trusts and Estates, January 2013 An introduction to the issue from Editors Darrell Dies and Jacob Frost.
In the July issue… By Darrell Dies Trusts and Estates, July 2013 An introduction to the issue from Editor Darrell Dies.
In the June issue… By Darrell Dies & Jacob Frost Trusts and Estates, June 2013 An introduction to the issue from Editors Darrell Dies and Jacob Frost.
In the March issue… By Darrell Dies & Jacob Frost Trusts and Estates, March 2013 An introduction to the issue from Co-editors Darrell Dies and Jacob Frost.
In the May issue… By Darrell Dies & Jacob Frost Trusts and Estates, May 2013 An introduction to the issue from co-editors Darrell Dies and Jacob Frost.
In the November issue… By Darrell Dies Trusts and Estates, November 2013 An introduction to the issue from Editor Darrell Dies.
In the October issue… By Darrell Dies Trusts and Estates, October 2013 An introduction to the issue from Editor Darrell Dies.
In the September issue… By Darrell Dies Trusts and Estates, September 2013 An introduction to the issue from Editor Darrell Dies.
In Weather-Tite’s wake—Fourth District limits owner’s exposure to subcontractor claims stemming from faulty contractor affidavits By Nathan B. Hinch Construction Law, October 2013 Four years later, the effects ofWeather-Tite are still being sorted out, and the recent decision of the Illinois Appellate Court, Fourth District, in Gerdau Ameristeel US, Inc. v. Broeren Russo Construction, Inc. is one of those cases.
Income tax legislation State and Local Taxation, December 2013 Public Acts and rules of interest to state & local tax practitioners.
Independent panel finds bureaucratic mismanagement of wild horse herds continues By Melissa Anne Maye Animal Law, August 2013 A 14-member independent panel assembled by the National Science Academy’s National Research Council at the request of the Bureau of Land Management concluded that the BLM’s removal of nearly 100,000 horses from the Western range over the past decade is probably having the opposite effect of its intention to ease ecological damage and reduce overpopulated horse herds.
Information on the direct sale of agricultural products Agricultural Law, September 2013 The Illinois Stewardship Alliance recently released a legal guide for farmers wanting to sell directly to consumers, restaurants and others.
Insurance coverage for IP-related business claims By Dale R. Kurth Corporate Law Departments, May 2013 It is important to have some understanding of what is covered, what is not, and what the basics of making an insurance claim are.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, October 2013 Brief summaries or comments on interesting or important IP developments.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, March 2013 Eclectic snippets from recent events.
Intellectual property issues involved in the sale or purchase of a business—A checklist By Eugene F. Friedman Business Advice and Financial Planning, June 2013 This checklist is abstracted from materials associated with a speech given by the author on behalf of the Business Advice and Financial Planning Section Council earlier this year.