Articles From 2013

New legislation gives mechanics lien claimants priority By Michael T. Nigro & Howard M. Turner Construction Law, June 2013 On February 11, 2013 the Illinois Legislature passed an amendment to the Mechanics Lien Act that reverses the effect of LaSalle National Bank vs. Cypress Creek 1, LP decided by the Illinois Supreme Court in 2011.
A new option for resolving investment fraud disputes By Laurence M. Landsman Business and Securities Law, July 2013 This article provides the analytical framework for deciding whether to arbitrate a securities dispute involving a registered investment advisor within the FINRA Dispute Resolution process rather than file a lawsuit and litigate the claims in court.
New Phase I ASTM standard coming in 2013 By Steve Sawyer Environmental Law, March 2013 The ASTM E1527 task group is finalizing their revisions to the Phase I Environmental Site Assessment standard that will take effect in 2013.
The New Property Tax Exemptions Rules for Not-for-Profit Hospitals and Hospital Affiliates in Illinois By Kelly M. Greco Real Estate Law, June 2013 This article first discusses the background of property tax exemption in Illinois and the supreme court’s decision in Provena. The article then discusses the Act’s amendment to the Code and how property tax exemptions for not-for-profit hospitals and hospital affiliates will be analyzed moving forward.
New radon requirements and changes to radon disclosure in 2013 By Kelly M. Greco Real Estate Law, February 2013 On August 17, 2012, Governor Quinn approved House Bill 4606, which created new radon requirements in Illinois as well as changes to radon disclosure by amending both The Child Care Act of 1969 and The Illinois Radon Awareness Act.
New rules enforcing Illinois non-competes—Now easier or harder? By Richard A. Sugar Labor and Employment Law, September 2013 In a recent trifecta of Illinois Appellate Court cases, judges have altered the landscape in Illinois regarding the lengths to which employers can go to protect their customers, clients, patients, and marketplace from competition originating from former employees
New SEC crowdfunding rules By William A. Price Business and Securities Law, November 2013 An update on the rules governing crowdfunding.
New Supreme Court Rule on juror questions presents opportunities for trial lawyers By Daniel Thies Young Lawyers Division, April 2013 Juror questions are likely to become a standard part of the jury trial of the future. Every trial lawyer should be ready to take advantage of this unique window into the jury’s thought process.
Newly proposed vapor intrusion restrictions By Raymond T. Reott Environmental Law, February 2013 On January 10, 2013, the Illinois Pollution Control Board issued its long-awaited opinion in the pending indoor air inhalation or vapor intrusion regulations.
News flash: Illinois Pollution Control Board finally adopts vapor intrusion rules By Matthew E. Cohn Environmental Law, June 2013 On May 16, 2013, the Illinois Pollution Control Board amended the TACO rules to adopt the new indoor inhalation exposure route effective July 15, 2013.
Newsflash—Immigration legislation & caselaw update webinar Young Lawyers Division, October 2013 Mark your calendar now for this insightful program to be held on November 5, 2013!
Newsflash—Immigration legislation & caselaw update webinar International and Immigration Law, October 2013 Mark your calendar now for this insightful program to be held on November 5, 2013!
Newsflash—Immigration legislation & caselaw update webinar Agricultural Law, September 2013 Mark your calendar now for this insightful program to be held on November 5, 2013!
Newsflash—Immigration legislation & caselaw update webinar International and Immigration Law, September 2013 Mark your calendar now for this insightful program to be held on November 5, 2013!
NINGs – Nevada Incomplete Gift Trusts: IRS approves transfers to incomplete gift non-grantor trusts to create significant state income tax savings By Michael Mazzone Trusts and Estates, December 2013 On March 8, 2013, in Private Letter Rulings 20131002-201310006, the IRS released a favorable ruling addressing the gift and income tax consequences of transfers to Incomplete Gift Non-Grantor Trusts.
NLRB Office of Advice proposed Confidentiality Rule By Gerard A. McInnis Labor and Employment Law, May 2013 An employer who adopts the rule outlined in this article is less likely to face a complaint from a Regional Office
No duty to preserve evidence in negligent spoliation case By Hon. Russell W. Hartigan & Christina Faklis Civil Practice and Procedure, January 2013 A discussion of the Illinois Supreme Court’s reasoning and impact of the recent case of Martin v. Keeley & Sons, Inc., where the Court held that the defendants had no duty to preserve the physical evidence, a concrete I-beam that fell and injured several employees during a bridge collapse.
No good deed goes unpunished: HB 2832 will imbue the county recorder with unprecedented powers that will wreak havoc on real estate transactions By Adam B. Whiteman Administrative Law, May 2013 The Illinois House has recently passed HB 2832, a bill which, if it becomes law, will create problems that will far outweigh its potential benefit.
No good deed goes unpunished: HB 2832 will imbue the county recorder with unprecedented powers that will wreak havoc on real estate transactions By Adam B. Whiteman Real Estate Law, May 2013 The Illinois House has recently passed HB 2832, a bill which, if it becomes law, will create problems that will far outweigh its potential benefit.
1 comment (Most recent May 2, 2013)
No need to rush into fracking By Vito A. Mastrangelo Women and the Law, May 2013 This Op-Ed was featured in the Chicago Sun Times on March 14, 2013
No strict liability under the Illinois Animal Control Act By Jason G. Schutte Civil Practice and Procedure, August 2013 In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
No strict liability under the Illinois Animal Control Act By Jason G. Schutte Animal Law, August 2013 In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
Non-citizen defendants charged with state drug crimes: Some new, refreshing jurisprudence By Patrick M. Kinnally International and Immigration Law, July 2013 Two recent decisions from the Supreme Court provide further definition to the area of State law drug possession and trafficking crimes and whether they constitute aggravated felonies which would make a non-citizen defendant deportable.
Non-residents’ streams of conduct and personal jurisdiction By Jeffrey A. Parness Civil Practice and Procedure, July 2013 The most difficult issue in specific jurisdiction cases often involves the requirement of purposeful availment by the nonresident of the benefits to be had in the foreign forum. The U.S. Supreme Court recently granted certiorari in Fiore v. Walden, affording it yet another chance to elaborate on this requirement.
Not so back to basics—The sky’s the limit! By Alan Pearlman Law Office Management and Economics, Standing Committee on, April 2013 A review of the Sky Smartpen.
A note concerning legacy (pre-1992) Medicare supplement policies By James T. Nyeste Insurance Law, October 2013 The author advises that practitioners with elderly clients should get a copy of the client's Medicare supplement policy, since it's possible that the client has a legacy Medicare supplement policy that provides extended coverage.
A note from the Chair By Hon. Ann B. Jorgensen Bench and Bar, February 2013 A message from the Section Chair, Justice Ann B. Jorgensen.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, December 2013 An introduction to the issue from co-editors Mary Ann Connelly and Stan Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, November 2013 An introduction to the issue from co-editors Mary Ann Connelly and Stan Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, October 2013 An introduction to the issue from co-editors Mary Ann Connelly and Stan Kaminski.