Section Newsletters

Articles From 2015

Employer’s due process rights were not violated by admission of treating physician’s medical opinions pursuant to Section 16 of the Act By Catherine Krenz Doan Workers’ Compensation Law, February 2015 In RG Construction Services v. Illinois Workers’ Compensation Commission, the issue before the appellate court was whether Employer was denied its due process right to cross-examine witnesses or present rebuttal evidence of the opinions of Claimant’s treating physicians that were contained in the medical records.
“Enforcement” of a party’s obligation to pay secondary education expenses is not subject to Petersen’s limitation on retroactive reimbursement By Michele M. Jochner Family Law, July 2015 The Illinois Appellate Court has recently issued an important decision which clarifies the rule established in In re Marriage of Petersen.
Environmental forensics By Tomlinson Fort & Larry Schmaltz Environmental Law, May 2015 Environmental forensics is the use of scientific data analysis to answer questions about causation. Here are some questions you can ask your clients when the cause of a release is unknown.
Environmental insurance alert—Change to evidence rules threatens policyholders’ ability to recover under historic insurance policies By Scott J. Kaplan Environmental Law, September 2015 A discussion of the Ancient Document rule and its usefulness.
ERISA to the rescue: Preemption of state law prevails By James Baker, Douglas Darch, & Miriam G. Petrillo Employee Benefits, April 2015 The recent case of Sherfel v. Newson reinforces the existing interpretation of ERISA and highlights the challenges facing multi-state employers.
Ernie Banks: A primer By Tim Ritchey & Madeleine Minton Young Lawyers Division, April 2015 Legendary Chicago Cubs player Ernie Banks’ story is a learning moment for any lawyer who may face the issue of undue influence.
Estate income tax fiscal year election tips and traps By Steven E. Siebers & Emily Schuering Jones Trusts and Estates, January 2015 If you are involved from time to time in estates that are administered for more than 12 months after death, you should be aware of taxpayer-friendly rules for electing a fiscal year that could minimize income tax liability.
Estate planning financial information By Lance D. Taylor Elder Law, March 2015 The author shares his estate planning “fact finder” that is intended to provide the attorney with a summary of the client's current assets, their values, and how they are currently titled.
1 comment (Most recent February 26, 2015)
Estate tax return changes By Gary R. Gehlbach Trusts and Estates, November 2015 On June 16, 2015, the IRS announced that it would no longer automatically issue estate tax closing letters for estates filed after May 31, 2015.
Ethical issues for business and intellectual property lawyers By Eugene F. Friedman Intellectual Property, December 2015 Our ethics codes provide guidance when encountering conflicting choices. Multiple codes and enforcement entities, including Illinois Rules of Professional Conduct, Patent and Trademark Office, Northern District of Illinois. Eugene Friedman outlines and comments on issues intellectual property and business attorneys may confront.
Ethics considerations for Illinois attorneys serving on non-profit boards By Dan Ebner Law Office Management and Economics, Standing Committee on, June 2015 This article identifies the key ethics rules related to attorneys serving on nonprofit boards, discusses the different roles an attorney-board member can have, and analyzes conflicts issues in detail.
Ever wonder how much it costs to clean up a leaking underground tank site? By Steve Anderson Environmental Law, May 2015 In a transaction, clients may want to know what kind of costs to expect if the leaking underground storage tank at the property has to be dealt with after closing.
Everything a (senior) lawyer could ever want to know about the Extended Reporting Period (ERP) a/k/a “Tail” coverage By Leonard F. Amari & Katherine A. O’Dell Senior Lawyers, October 2015 An explanation of "tail coverage" in retiring attorneys' insurance policies.
Ex parte judgments in petty traffic cases By Jeremy Richey Traffic Laws and Courts, March 2015 A discussion of what these judgments are and how the practitioner may set them aside.
Examination of the distraction exception to the open and obvious rule and the recent Supreme Court decision in Bruns v. City of Centralia By Ronald W. Kalish Tort Law, June 2015 The recent Supreme Court decision of Bruns v. City of Centralia reminds us that getting your case to trial on the facts is not a forgone conclusion.
Excessive / aggravated speeding By Jennifer B. Wagner Traffic Laws and Courts, June 2015 The ISBA's Traffic Laws & Courts Section has provided an amicus brief in the case of People v. Rizzo.
1 comment (Most recent July 8, 2015)
Excessive force and qualified immunity after Plumhoff By Matthew S. Dionne Local Government Law, March 2015 This article summarizes the Plumhoff v. Rickard opinion, explores Plumhoff’s implications, and offers possible suggestions to attorneys and law enforcement in applying that decision.
Executive leasing rights—Duties owed and unresolved issues By Matthew L. McArthy Mineral Law, April 2015 Executive rights are generally the power to execute leases on behalf of the mineral owner. The rights are created by both grant and reservation. Author Matthew McArthy discusses the existing law in Illinois and unresolved issues.
Exotic animal resolution passes the ABA House of Delegates By Ledy VanKavage Animal Law, June 2015 After much hard work and numerous amendments, a resolution regarding the ownership of exotic animals passed the American Bar Association House of Delegates Meeting in February, 2015.
An explanation of the guidelines governing police conduct regarding use of force By Jay Barnett Human and Civil Rights, February 2015 The author, who served as an officer with the Oklahoma City Police officer for more than 20 years, shares some insight about a police officer's state of mind on the job.
Exploring personal cloud storage for attorneys By Michael Brennan Legal Technology, Standing Committee on, May 2015 While cloud-based applications, and specifically cloud storage services, have provided realistic options for storing large amounts of data, the security risks involved in using such services can be substantial.
Exploring the viability of expanding 711 licenses to law students working for private law firms By Marie K. Sarantakis Young Lawyers Division, October 2015 711 limited law licenses are currently allowed for law students working under the supervision of a legal aid organization, office of the public defender, or law office of the State. But what about the students externing for private practitioners who are performing similar work? 
Favorite apps By William A. Austin Senior Lawyers, November 2015 Author William Austin explains why PDF Expert 5 is his preferred app for viewing and editing PDF documents and forms.
1 comment (Most recent November 17, 2015)
Federal case update By Michael Bartolic Employee Benefits, January 2015 Recent cases of interest.
Federal Tort Claims Act: How medical providers fall under the Act, the expansion of individuals covered by the Act and curing a failure to exhaust administrative remedies prior to filing suit By Joshua A. Humbrecht Tort Law, April 2015 It is easy to appreciate that your postman is an employee of the federal government and therefore covered under the FTCA. Yet, there are a vast number of medical professionals that fall under the FTCA even though not specifically enumerated in the definition contained in the Act.
Fiduciary-duty exception to the attorney-client privilege: A potential tool for beneficiaries in difficult situations By Allison M. Huntley Civil Practice and Procedure, September 2015 Illinois appellate courts have yet to fully embrace one powerful exception to the attorney-client privilege: the fiduciary-duty exception.
Final pretrial practice under Federal Rule of Civil Procedure 16(e) and the local rules of the Southern, Central, and Northern Districts of Illinois By Arsenio L. Mims Federal Civil Practice, December 2015 A look at how the local rules of the Southern, Central, and Northern Districts of Illinois vary with respect to the application of Rule 16(e) for final pretrial practice in their respective courts.
The first Roz Kaplan Award By Karen Dimond Government Lawyers, September 2015 Kate Kelly is the recipient of the very first Roz Kaplan Award.
Five considerations for drafting an online privacy policy By Meghan K. Nugent Intellectual Property, November 2015 Most business Web sites benefit from an explicit online privacy policy; some require one. But copying another’s privacy policy risks gaining liabilities. A privacy policy creates affirmative duties. Five considerations are presented.
Five methods to transcend from zealous to zen By Marie K. Sarantakis Young Lawyers Division, August 2015 A few ideas to empower you to become more resilient and centered in an ever-connected and fast-paced world.