Articles From 2013

It is 10:00 p.m., do you know who are your kids? By Edward R. Sherman Trusts and Estates, April 2013 While the case of DeHart v. DeHart involved numerous will contest issues, two issues were addressed that will have a profound effect on estate planning and estate litigation.
Joint CLE in Colorado? Intellectual Property, June 2013 If a CLE session in Boulder, CO in 2014 sounds appealing, make sure your voice is heard! 
Joint CLE in Colorado? Intellectual Property, May 2013 If a CLE session in Boulder, CO in 2014 sounds appealing, make sure your voice is heard! 
Judicial presumptions By Anthony Longo Bench and Bar, November 2013 Judicial presumptions are absolutely justified and essential to the administration of justice.
Judicial profile: John J. Tharp, Jr. By Kathryn A. Kelly Federal Civil Practice, June 2013 Learn more about Judge Tharp, who was appointed to the bench last year.
Judicial profile: Thomas M. Durkin By Kathryn A. Kelly Federal Civil Practice, September 2013 The Section on Federal Civil Practice continues its tradition of introducing you to our new judges and brings you a profile of Judge Tom Durkin.
Jurisdiction over the Internet: Innovative Garage Door Co. v. High Ranking Domains, LLC, 2012 Ill.App. (2d) 120117 (Dec. 3, 2012) By John B. Kincaid Civil Practice and Procedure, April 2013 The facts in the recent Innovative Garage Door case raise a new quandary for the plaintiff’s attorney intent on haling a foreign-based Internet company into an Illinois court.
Just because it says so, doesn’t make it so Construction Law, March 2013 The lesson from Westfield Insurance Co. v. FCL Builders, Inc. is that general contractors need to be more proactive in securing coverage than just obtaining a certificate of insurance.
Just what the doctor ordered: The red light doctor gets his red light camera FOIA request By Matthew S. Dionne Local Government Law, August 2013 This article explores the Fagel v. Department of Transportation decision, its implications, and what public bodies might consider going forward with regard to electronic records and FOIA requests.
Kalkman v. Nedved, IL App. 3d (120 800) (2013) By Philip J. Vacco Real Estate Law, October 2013 This recent decision from the Third District Appellate Court stands to remind every buyer that the common law doctrine of caveat emptor is still alive and well in the Land of Lincoln.
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Katherine Imp and Beauty Beneath The Dirt By E. Lynn Grayson Women and the Law, June 2013 Law school graduate Kate Imp's new documentary, Beauty Beneath the Dirt, was recently released to the general public.
Law Day 2013: President Obama’s 2013 Proclamation Administrative Law, May 2013 In honor of Law Day on May 1, President Barack Obama issued a proclamation reflecting on America’s “long journey toward equality for all.”
Law firm partner compensation: Metrics—What is important, what matters By John W. Olmstead Law Office Management and Economics, Standing Committee on, June 2013 An effective compensation system serves as a strong messaging and reinforcement agent that helps you obtain and retain top partner talent and helps align their goals and activities with the strategies and goals of the firm.
The law of unintended (?) consequences By Michael B. Weinstein Administrative Law, October 2013 In November 2000, the Illinois General Assembly passed Senate Bill 851. Buried within the Act was a provision that applied only to a limited number of individuals and seemingly reflects one of the reasons why many members of the general public believe that defined benefit pension plans for public employees should be eliminated.
The law that won’t be missed By Anna Fridman Women and the Law, May 2013 The author shares her list of archaic laws from around the country.
Lawlor v. North American Corporation of Illinois: The Illinois Supreme Court recognizes the Tort of Intrusion upon Seclusion and speaks again on punitive damages By Richard L. Turner Bench and Bar, January 2013 For the first time, in the recent case of Lawlor v. North American Corporation of Illinois, the Illinois Supreme Court expressly recognized the tort of intrusion upon seclusion as an actionable claim in Illinois.
Lawyer suspended for failure to maintain an e-mail address By Hon. Alfred M. Swanson, Jr. Bench and Bar, November 2013 In South Carolina having an active e-mail address is apparently a necessary condition to being able to practice law.
The leaky “pay-if-paid” clause: A fluid story of the “if’s” and “when’s” of contingent payments By Nicholas J. Johnson Commercial Banking, Collections, and Bankruptcy, January 2013 The application of “pay-if-paid” versus a “pay-when-paid” clause can have drastic and far-reaching implications. It is thus essential that these disparate clauses are fully understood, because the impact of such clauses might be the difference between a contractor floating to safety or drowning in debt.
Lean In encourages women to step up to the plate By Natalie Lorenz Women and the Law, June 2013 Lean In, by Sheryl Sandberg, is an excellent way to start conversation about the issues women face in their legal careers.
Legal issues associated with the Google car By Peter LaSorsa Legal Technology, Standing Committee on, February 2013 A call for up-to-date legislation to keep up with evolving technology.
Legal shield to the rescue? By Paul A. Meints & Darrell Dies Trusts and Estates, March 2013 An overview of Legal Shield, which is essentially a form of prepaid legal plan or legal insurance.
Legislation on driver’s licenses for illegal immigrants presents administrative challenges to the Secretary of State’s Office By Marc Christopher Loro Human and Civil Rights, March 2013 This article reviews Public Act 97-1157's provisions, explains the challenges, and offers some thoughts on how those challenges could be met.
Legislation on driver’s licenses for illegal immigrants presents administrative challenges to the Secretary of State’s Office By Marc Christopher Loro Administrative Law, March 2013 This article reviews Public Act 97-1157's provisions, explains the challenges, and offers some thoughts on how those challenges could be met.
Legislation update By Marty Shanahan Local Government Law, November 2013 Recent legislation of interest to local government law attorneys.
Legislation watch By Phil Milsk Education Law, June 2013 Recent legislation of interest to education law practitioners.
Legislative agenda item 2013-3: Recommendation for legislation establishing a national commission to consider whether a value- added replacement tax should be a component of federal tax reform Federal Taxation, May 2013 The Federal Taxation Section of the Illinois State Bar Association urges the House and Senate to enact legislation establishing a national commission to consider whether a value-added replacement tax should be a component of federal tax reform.
Legislative agenda item: IRC Reform Federal Taxation, May 2013 An overview of the principles that the ISBA Federal Taxation Section Council believes should be adhered to as Congress tackles simplification of the tax code.
Legislative summary of the 98th General Assembly Government Lawyers, September 2013 A summary of Public Acts 98-001 through 98-300 that may be of interest to the government bar.
Lessees and superfund liability By Gene Schmittgens Business Advice and Financial Planning, June 2013 In December of last year, EPA published new guidance which clarifies that a lessee is entitled to assert the bona fide prospective purchaser defense.
Lessees and superfund liability By Gene Schmittgens Environmental Law, June 2013 In December of last year, EPA published new guidance which clarifies that a lessee is entitled to assert the bona fide prospective purchaser defense.