Section Newsletters

Articles From 2013

Social security safari—Day 2 By Loren S. Golden Senior Lawyers, October 2013 Advice for navigating the social security maze.
SOJ when court discloses opinion on related issue By Jewel N. Klein Bench and Bar, June 2013 The right to seek another opinion when the lawyer believes that the judge may rule adversely should remain absolute and it should not make any difference whether that belief is obtained from a colleague, the internet, the newspaper, or directly from the judge.
SOJ when court discloses opinion on related issue By Jewel N. Klein General Practice, Solo, and Small Firm, April 2013 The right to seek another opinion when the lawyer believes that the judge may rule adversely should remain absolute and it should not make any difference whether that belief is obtained from a colleague, the internet, the newspaper, or directly from the judge.
Solo tech can beat the big firms By Peter LaSorsa Legal Technology, Standing Committee on, February 2013 In the past, only 1,000-lawyer firms could practice across the country where a physical presence was required. Today, technology has given solo attorneys the ability to easily practice anywhere they can take their laptop and have access to a high-speed Internet connection. If you have the legal ability, the gumption, and the desire, you can expand your practice past the local town or city where you currently reside.
Some safety incentive programs may be unlawful By Michael R. Lied Labor and Employment Law, December 2013 Incentive programs that discourage employees from reporting their injuries are problematic because, under Section 11(c) of the OSH Act, an employer may not “in any manner discriminate” against an employee because the employee exercises a protected right, such as the right to report an injury.
Someone you should know: Jody Raphael By Melissa M. Olivero Women and the Law, May 2013 Learn more about this dynamic attorney and senior research fellow at the Schiller DuCanto & Fleck Family Law Center at DePaul University College of Law.
Spotlight on Women and the Law Committee members Women and the Law, August 2013 Each newsletter we will feature a few Women in the Law Committee members. We hope to provide a brief introduction to the members, their backgrounds and current positions.
Spotlight on Women in ISBA Leadership: A visit with ISBA Catalyst Co-Editor, Cindy Galway Buys By Veronica Armouti Women and the Law, December 2013 Learn more about this dynamic member of our Committee.
Springfield lawyer wins $2,000 Lincoln Award writing prize Young Lawyers Division, February 2013 Jill Ausdenmoore of Springfield, a research staff attorney with the Illinois Appellate Court, Fourth District, is the first place winner in the ISBA’s 2013 Lincoln Award Legal Writing Contest.
Staff directory State and Local Taxation, December 2013 A listing and contact information for the staff of the Department of Revenue.
Stan “The Man” Musial—A role model for lawyers By Treva H. O’Neill Family Law, February 2013 It seems that Stan the Man is not only a role model for baseball players but an ideal role model for our profession as well.
Standards and Principles for an Electronic Record and Electronic Filing Standards and Principles By David Clark Legal Technology, Standing Committee on, November 2013 A synopsis of both Standards and Principles for an Electronic Record and Electronic Filing Standards and Principles.
Standards for administrative review By Jewel N. Klein Administrative Law, December 2013 Two recent cases, Medina Nursing Center, Inc. v. Health Facilities and Services Review Board and Heabler v. Ill. Dep’t. of Finance & Professional Regulations, offer important insights into the standards that the appellate courts use when reviewing administrative agency decisions.
The standards for appointment in cases where multiple individuals are competing for guardianship By Donald A. LoBue Elder Law, June 2013 There is ample guidance in the statutes and case law as to the standards that should be applied in the appointment of a guardian. Of paramount concern in the selection of a guardian is the best interest and well-being of the disabled person.
Standards of value in a business valuation By Andrew G. Vaughn Business Advice and Financial Planning, January 2013 Clients and attorneys tend to be surprised and/or confused when they learn that legally a business could have multiple values at the same time. This is because there can be different standards of value The following article illustrates this concept through hypothetical examples.
Standing in the way of the modern evolving family By Nanette A. McCarthy & Bridget M. Storrs Family Law, February 2013 A discussion of recent cases that have forced the appellate courts to consider who can claim parental rights in less-than-traditional circumstances.
Stanton v. Rea: The intersection of the common fund doctrine with attorneys’ liens and medical providers’ liens By Hon. Daniel T. Gillespie & Rachel Fugett Civil Practice and Procedure, July 2013 Black’s Law Dictionary lists 62 separate liens. Stanton v. Rea discusses two of them.
State Journal-Register v. University of Illinois Springfield: Journalism or sensationalism – The Appellate Court weighs in By Yolaine Dauphin Administrative Law, December 2013 In this case, the Journal had published articles on a sex scandal involving coaches at UIS, and sought additional information to continue its coverage of the story.
Statute of Frauds defense fails based on course of dealing By Stephen M. Proctor Business and Securities Law, May 2013 The recent case of Irvington Elevator Company, Inc. v. Robert Heser et. al. illustrates the importance of a binding written contract, to avoid the statute of frauds.
Stipulation binding when signed By Shuaib Ahmed Workers’ Compensation Law, June 2013 In Ingrassia Interior Elements v. IWCC, the Appellate Court held that when a transcript is not filed within the time period specified by section 19(b) of the Act, the Commission is not deprived of its jurisdiction to review the Arbitrator’s Decision.
A stipulation? By Bryan P. Lynch Real Estate Law, August 2013 While stipulations can help narrow issues for trial, any indefinite language in a stipulation can cause considerable headache down the road, even depressing an owner’s property value.
“Strive mightily”: Some thoughts on civility and the Illinois bar By David W. Inlander & Ronald D. Menna, Jr. Bench and Bar, May 2013 It is time for our profession to return to being held out as an admirable model to follow, rather than one to ridicule.
Subcontractor rights under the Miller Act: A case study By Joshua Atlas Commercial Banking, Collections, and Bankruptcy, August 2013 A summary of the recent case of In Capital Computer Group, LLC v. The Gray Insurance Company.
Subcontractor rights under the Miller Act: A case study By Joshua Atlas Construction Law, May 2013 In Capital Computer Group, LLC v. The Gray Insurance Company, the Eleventh Circuit Court of Appeals determined that a subcontractor who sub-subcontracted 100% of its scope of work was entitled to assert a claim under the Miller Act because the subcontractor still had obligations on the project, and a substantial and important relationship still existed with the general contractor, even if the subcontractor did not actually perform any work.
Successful application of the Family Medical Leave Act: Lessons learned from McClelland v. CommunityCare HMO, Inc. By Lisle A. Stalter Local Government Law, May 2013 McClelland v. CommunityCare HMO, Inc. an unpublished Tenth Circuit opinion and its district court case, provides good guidance on appropriate process and procedure to protect employers on the application of FMLA.
Suggestions to handle probate estate attorney fee issues By Thomas Bransfield Trusts and Estates, June 2013 A follow-up to the author's May 2012 article that examined ISBA Advisory Opinion No. 13-01.
Summary of new practice-related Illinois Supreme Court Rule changes By Hon. Barbara Crowder Bench and Bar, March 2013 An overview of the recent changes to the Illinois Supreme Court Rules.
Summary of new practice-related Illinois Supreme Court Rule changes By Hon. Barbara Crowder Civil Practice and Procedure, January 2013 This summary is designed to give readers notice of changes, some minor, others fairly important.
Summary of recent legislation State and Local Taxation, March 2013 Recent cases of interest to state & local taxation attorneys.
Superman’s copyright kryptonite—And Sherlock Holmes finds it’s less than elementary By Margo Lynn Hablutzel Intellectual Property, May 2013 The longrunning saga of copyright ownership of Superman and his family may finally be ending, just as a case around the copyrights for Sherlock Holmes is beginning.