Court refuses to enforce liquidated damages clauseBy Joshua T. BarneyConstruction Law, June 2014Recently, in GK Development v. Iowa Malls Financing Corp., the Illinois appellate court struck down a liquidated damages clause as a penalty.
Court upholds ICC common equity reductionBy Eric BramletEnergy, Utilities, Telecommunications, and Transportation, February 2014A summary of the very recent case of Ameren v. Illinois Commerce Commission.
Courts Commission removes Cook County JudgeBy Hon. Alfred M. Swanson, Jr.Bench and Bar, June 2014On May 9, 2014, the Courts Commission issued a unanimous opinion that removed Judge Cynthia Brim from office.
Creatives, entrepreneurs, and startupsBy Daniel KeganIntellectual Property, May 2014While Creatives, Entrepreneurs, and Startups follow unique paths, there typically are a few major pitfalls to minimize. Here are 19 brief guidelines; some are helpful reminders for established endeavors.
The CTM: then and now, and why national trade mark registrations are still importantBy Rachel HavardInternational and Immigration Law, December 2014The European Community Trademark system still provides excellent value for the money. To seek EU wide registration is relatively inexpensive compared with the cost of filing individual national trade mark applications in 28 countries.
The CTM: then and now, and why national trade mark registrations are still importantBy Rachel HavardIntellectual Property, September 2014The European Community Trademark system still provides excellent value for the money. To seek EU wide registration is relatively inexpensive compared with the cost of filing individual national trade mark applications in 28 countries.
Da Bears “Shufflin’ Crew” sues over alleged unauthorized use of the Super Bowl ShuffleBy Denny EsfordIntellectual Property, May 2014In 1985 two dozen Chicago Bears football players made a music video hit, the "Super Bowl Shuffle.” In January 2014 many of the “Shufflin’ Crew” sued the record producer’s widow for breaching the recording contract by selling licenses to third-parties.
The dangers corporations face with assignments of intent-to-use trademark applicationsBy Robert A. CohenIntellectual Property, February 2014The Lanham Act has strict rules for assigning intent-to-use trademark applications. A recent precedential TTAB decision confirms that these rules apply to assignments between independent companies, as well as parent-subsidiary families.
Darwinism for your legal businessBy Steven FretzinLaw Office Management and Economics, Standing Committee on, April 2014In light of our current economic and business conditions, what would Darwin say about an attorney’s ability to survive in business today? Which species of lawyer will evolve and which will become extinct?
Data security: No longer someone else’s problemBy Troy E. Haggestad & Daniel A. HuntleyCorporate Law Departments, February 2014As hackers become more sophisticated at unlawfully accessing credit card data stored on your client’s computer systems, the number of lawsuits filed against businesses related to data security breaches has mushroomed.
Deadman’s Act objection raises several issuesBy Jewel N. KleinAdministrative Law, July 2014A look at the Deadman's Act and its erroneous application in a recent run-of-the-mill zoning violation case.
Deadman’s Act objection raises several issuesBy Jewel N. KleinBench and Bar, July 2014A look at the Deadman's Act and its erroneous application in a recent run-of-the-mill zoning violation case.
Deadman’s Act objection raises several issuesBy Jewel N. KleinGeneral Practice, Solo, and Small Firm, May 2014A look at the Deadman's Act and its erroneous application in a recent run-of-the-mill zoning violation case.
Defending against SBP in divorceBy Mark E. SullivanFamily Law, November 2014Strategies to prevent a soon-to-be-former spouse from getting coverage under a servicemember's Survivor Benefit Plan.
Delaware’s struggle over confidential arbitrationBy Brandon SarkauskasAlternative Dispute Resolution, January 2014The recent case of Delaware Coalition for Open Government v. Hon. Leo E. Strine, Jr, et. al poses a number of issues for state-sponsored arbitration programs.
The demons of consent foreclosures: What every bank should knowBy Amber L. MichligCommercial Banking, Collections, and Bankruptcy, April 2014An examination of the process of consent foreclosures and the roadblocks and warnings that an Illinois bank client should be familiar with when considering a consent foreclosure in order to fully protect their interests.
Developing a game plan for residential foreclosuresBy Ebony R. HuddlestonGeneral Practice, Solo, and Small Firm, March 2014Illinois has one of the longest residential foreclosures processes in the country. Residential foreclosures can be a complex maze for practitioners and homeowners to navigate. For that reason, it is important to develop a game plan before proceeding to file a foreclosure complaint so practitioners can anticipate potential pitfalls the lender may encounter by pursuing the foreclosure action.
Developing a shoe-string marketing planBy Charles G. WentworthLaw Office Management and Economics, Standing Committee on, June 2014The author offers suggestions for marketing yourself and your practice for little or no money.
Developments in piercing the corporate veilBy George S. Bellas & Misty J. CyganCivil Practice and Procedure, June 2014In Buckley v. Abuzir, 2014 IL App (1st) 130469, the appellate court clarified a somewhat confusing area of law—veil-piercing—in its reversal of the trial court’s dismissal of plaintiff’s amended complaint.
Did the Illinois concealed carry law really change anything for employers?By Mark S. WilkinsonLabor and Employment Law, March 2014Ultimately, the courts may need to add another chapter to the concealed carry litigation saga and provide guidance about what the Firearm Concealed Carry Act did (if anything) to an employer’s ability to prohibit guns at work.
Disaster preparation in IllinoisBy David H. HopkinsAnimal Law, November 2014Disaster preparedness should include advance plans for evacuation or rescue of pets. In 2010, the American Bar Association approved a Model Act Governing Standards for the Care and Disposition of Disaster Animals. But there are significant issues to be addressed before the Model Act is adopted in Illinois.
Discovery depositions: A crash courseBy Angelica W. WawrzynekYoung Lawyers Division, December 2014Inevitably someone higher in the food chain will ask you, the junior associate, to cover a deposition for them. If (when) this happens, do not panic. Here’s an overview that will keep you on track.