Articles From 2013

Intellectual property: Do you own it and consequences of not owning it By David H. Levitt Business and Securities Law, February 2013 In patent law, the owner of the work is the inventor. In copyright law, the person who fixes the expression in a tangible medium is the creator of the work—and the owner of the copyright.
Intent to exercise a commercial lease extension option—Notice is in the eye of the beholder By Michael Zink General Practice, Solo, and Small Firm, April 2013 A commercial lease often includes a provision requiring a tenant to provide written notification of its intent to extend the lease term. This language is frequently overlooked until the tenant’s later abandonment of the property after its business has collapsed.
The International & Immigration Section Discussion Group By Michelle J. Rozovics International and Immigration Law, December 2013 If you haven't signed up for the Section's Discussion Group, you're missing out!
The Internet is expanding—Four things your clients need to know By Jordan A. Arnot Corporate Law Departments, August 2013 This article explains how the Internet is changing, and what you and your clients need to do right now to avoid the embarrassing consequences of missing the boat.
Intervening accident does not preclude permanency award on first accident By Stephen G. Baime Workers’ Compensation Law, August 2013 The case of National Freight Industries v. IWCC et al 2013 IL app. (5th) 120043WC stands for the proposition that an intervening accident does not preclude a permanency award for injuries sustained in the first accident. This is a most interesting case, and complicated, but the ruling of the Illinois Appellate Court is just.
Interview with a happily retired lawyer By Don Mateer Senior Lawyers, October 2013 An interview with retired attorney Frank Ariano.
3 comments (Most recent November 2, 2013)
An interview with the Chief Justice By Hon. Alfred M. Swanson, Jr. Bench and Bar, November 2013 Learn more about Rita Garman, who became the  119th Chief Justice of the Illinois Supreme Court on  October 26, 2013.
Introduction to competition law in India By Tejas Shah International and Immigration Law, February 2013 An overview of India's competition laws.
Introduction to competition law in India By Tejas Shah January 2013 An overview of India's competition laws.
An introduction to probate estates By Priscilla Singer Young Lawyers Division, June 2013 A primer for those who have yet to open a probate estate.
IP USA Federal Date Answers By Daniel Kegan Intellectual Property, March 2013 The answers to the questions posed in the second article of this issue.
IP USA federal date quiz By Daniel Kegan Intellectual Property, March 2013 Can you name the intellectual property events associated with these events?
An iPad alternative By Nerino J. Petro Legal Technology, Standing Committee on, September 2013 The author reviews the new Asus EEE Pad Transformer Prime.
IRS alternative dispute resolution for small businesses and self employed taxpayers By James Creech Federal Taxation, March 2013 Fast Track Settlement and Fast Track Mediation are similarly named and both use mediation. However there are some important differences both in subject matter and procedure.
IRS rules all legal same-sex marriages will be recognized for federal tax purposes By Nancy Franks-Straus & Donna F. Hartl Federal Taxation, October 2013 After weeks of speculation as to how the Internal Revenue Service would treat same-sex marriages, the U.S. Department of the Treasury and the IRS released a joint ruling which held same-sex couples, legally married in jurisdictions that recognize same-sex marriages, will be treated as married for federal tax purposes.
The IRS will be closed… By Tracy S. Dalton Trusts and Estates, June 2013 All IRS offices, including all toll-free hotlines, the Taxpayer Advocate Service and the agency’s nearly 400 taxpayer assistance centers nationwide, will be closed on July 5, July 22 and Aug. 30, 2013.
Is a failure to repair common elements germane to a forcible entry and detainer suit brought by a condo association against a unit owner? By Adam B. Whiteman Real Estate Law, January 2013 The Spanish Court decision effectively adds a judicially created provision to the Condominium Property Act that would permit a unit owner to withhold payment of their assessments if they believe the association is interrupting an expectation of “maintenance-free” living.
4 comments (Most recent January 25, 2013)
Is an Illinois resident’s inherited IRA protected from bankruptcy creditors? By David F. Rolewick & Justin J. Karubas Trusts and Estates, July 2013 There is a split in the circuits regarding whether or not inherited IRAs are protected from bankruptcy creditors. The Fifth Circuit has held that a Texas resident’s inherited IRA is protected from bankruptcy creditors. The Seventh Circuit has held that a Wisconsin resident’s inherited IRA is not protected from bankruptcy creditors. Both Wisconsin and Texas have not opted out of the bankruptcy exemptions. Therefore, federal bankruptcy exemptions apply.
Is failure to file a lis pendens at the outset of a divorce case considered malpractice? By Lindsay C. Stella Women and the Law, May 2013 Every family law attorney heeds warning when the word “malpractice” is uttered. We all know the fundamentals of malpractice in our respective fields, and we do our best to stay current on new law by attending an assortment of continuing legal education courses to protect against that malignant word. Inevitably, smaller items sometimes slip through the cracks. Filing of a lis pendens at the outset of a divorce case, through some not so recent case law, has proven itself to be one of those generally disregarded smaller items.
1 comment (Most recent May 22, 2013)
Is it pointless for a municipality to adopt the international fire code? By Marty Shanahan Local Government Law, April 2013 There have been discussions throughout the state as to whether the International Fire Code provides fire prevention and safety standards equal to or higher than the National Fire Protection Association.
Is the refusal to participate in Respondent’s chosen multidisciplinary pain management program equal to an injurious practice under The Act? What, if anything, does that have to do with the issue of Causal Connection? By Lawrence A. Scordino Workers’ Compensation Law, August 2013 Clearly, the long line of cases from numerous jurisdictions regarding the inability of the Commission to force a claimant to undergo a specific treatment remains unbroken. The no benefits “unless and until” the treatment is finished approach was rebuffed by the Court in Bryon Kawa v. IWCC.
ISBA Board of Governors Resolution Federal Taxation, March 2013 The Federal Taxation Section has received a Resolution from the ISBA Board of Governors.
ISBA Federal Practice Section and Seventh Circuit E-Discovery Pilot Program sponsor E-Discovery CLE Webcast Federal Civil Practice, March 2013 Save the date for this upcoming CLE program!
ISBA insurance member benefits By Matthew J. Arvanites Senior Lawyers, February 2013 As a member of the Illinois State Bar Association, you are entitled to take advantage of official ISBA-endorsed voluntary benefits programs from Marsh Affinity Group Service.
ISBA presents cable programs on affordable housing and tenants’ rights Government Lawyers, June 2013 Learn more about the two important cable programs the ISBA recently presented.
ISBA presents cable programs on affordable housing and tenants’ rights Racial and Ethnic Minorities and the Law, May 2013 Learn more about the two important cable programs the ISBA recently presented.
ISBA Washington DC Trip call for topics Federal Taxation, March 2013 If you can think of any systemic, apolitical issues that need to be addressed in Washington D.C., please let the editor know at jcreech@creechtaxlaw.com.
ISBA YLD grants provide assistance for children in need By Michael G. Bergmann & Leighanne Root Young Lawyers Division, December 2013 The ISBA YLD Children’s Assistance Fund, in concert with the Illinois Bar Foundation, seeks to provide grants to organizations across the state related to children and law.
ISBA/YLD PILI Internship Award recipient reflects on 2012 summer PILI Internship By Meryl Prochaska Young Lawyers Division, February 2013 During the summer of 2012, the author had the opportunity to serve as a Public Interest Law Initiative intern with the Chicago Medical-Legal Partnership for Children at Health and Disability Advocates.
ISBA—It’s just the beginning By Hon. Ann Breen-Greco Alternative Dispute Resolution, October 2013 An overview of the recent ISBA/JTBF Law & Leadership Institute, which was held in August at the John Marshall Law School.