Section Newsletters

Articles From 2015

Observations of an old country lawyer: The subject line (or, way too much e-mail…) By Edward T. Graham Law Office Management and Economics, Standing Committee on, April 2015 Some thoughts on staying organized in our techno-centric world.
Observations of an old country lawyer…. or, cows and dogs sleeping together…. By Edward T. Graham Agricultural Law, April 2015 A discussion of current "dog-bite" and "cow-in-the-road" statutes and caselaw.
Observations of an old country lawyer…. or, cows and dogs sleeping together…. By Edward T. Graham Bench and Bar, March 2015 A discussion of current "dog-bite" and "cow-in-the-road" statutes and caselaw.
Observations of an old country lawyer…. or, cows and dogs sleeping together…. By Edward T. Graham General Practice, Solo, and Small Firm, March 2015 A discussion of current "dog-bite" and "cow-in-the-road" statutes and caselaw.
1 comment (Most recent February 25, 2015)
Off the record: Guidelines for deposition breaks By JoAnna Pollock Federal Civil Practice, April 2015 Concerns about witness coaching and deposition break schedules have recently made their way to the courts.
Officer liability affirmed, but no retroactivity for Section 42(e) By Samantha Gibson Environmental Law, May 2015 On March 19, 2015 the Illinois Supreme Court announced its decision in People ex rel. Madigan v. J. T. Einoder, Inc., clarifying that power to obtain mandatory injunctive relief under section 42(e) of the Illinois Environmental Protection Act is not retroactive and what constitutes involvement in violating the Act sufficient to find personal liability for a corporate officer.
On their own: How we can help immigrant children find a way By Patrick M. Kinnally International and Immigration Law, June 2015 A look at how attorneys can help undocumented, unaccompanied minors find refuge.
Once a road, always a road—right? By Jeffrey A. Mollet Agricultural Law, April 2015 A look at the recent case of Chamness v. Mays.
An open letter to the sponsors of the revised Defend Trade Secrets Act By David S. Levine & Sharon K. Sandeen Intellectual Property, August 2015 The authors provide their understanding of how the new DTSA compares to the Senate version of the DTSA that was introduced last year.
Oppressive conduct and failure to follow court orders leads to punitive damages against shareholder’s estate By Charles W. Murdock & Kevin Harris Business and Securities Law, June 2015 The recent Illinois Appellate Court opinion in Kovac v. Barron reflected the scope of the fiduciary duties owed by shareholder-directors in closely held corporations, and the equitable remedies Illinois courts may employ in such situations.
Organizing your small firm or solo practice By Amber L. Mikula Young Lawyers Division, August 2015 In order to be prepared to start your own practice, you should start out by establishing an organizational plan, including staff job descriptions, policies and procedures, document control, and file checklists.
The other DUI: Part I By Liam Dixon Traffic Laws and Courts, February 2015 A review of the DUI statute as it relates to the Medical Marijuana Act.
The other DUI: Part II By Liam Dixon Traffic Laws and Courts, March 2015 A look at Arizona's statute, which is similar to Illinois' Marijuana DUI law.
Our survival as tinkerers and creators By Angela Peters & Sabrina Shafer Senior Lawyers, November 2015 The realities of mentorship from the perspectives of both a mentor and mentee.
Out of touch: Shelby County v. Holder and the callous effects of Chief Justice Roberts’ equal state sovereignty By Adam Bolotin Human and Civil Rights, September 2015 Though Roberts’ opinion in Shelby County v. Holder not find preclearance unconstitutional, without a coverage formula discriminatory laws go into effect automatically and stay in effect pending the outcome of litigation.
1 comment (Most recent September 22, 2015)
Outside investment in health care: A very attractive hot potato By Thomas B. Shapira & Louis S. Harrison Health Care Law, September 2015 The June issue of the Health Care Lawyer included an article by Lawrence Stark, “Professional Services Corporations and Medical Corporations in Illinois—A Brief Primer.” That article discussed some of the drafting and other legal requirements to form a professional service corporation under Illinois law. In this issue, an article by Thomas B. Shapira and Louis S. Harrison, “Outside Investment in Health Care: A Very Attractive Hot Potato,” addresses some particular issues in organizing health care providers in Illinois, including the “corporate practice of medicine” doctrine.
Outsourcing By Amber L. Mikula Law Office Management and Economics, Standing Committee on, December 2015 At some point, most firms consider outsourcing some of the business part of the firm, so they can focus on practicing law. Areas to consider outsourcing include Web site management, marketing, accounting, and employee searches.
1 comment (Most recent January 22, 2016)
Overturning the Carriage: A proposed update to the pleading standard for price-fixing claims under the Illinois Antitrust Act By James F. Herbison March 2015 The complexities and newly developed standards of current antitrust law have rendered People v. Carriage Way West, Inc. obsolete as a mode of pleading.
An overview of DUI evaluations in Illinois By Jeremy Richey Traffic Laws and Courts, June 2015 As a general rule, a motorist cannot plead guilty to a DUI without having a DUI evaluation on file with the trial court.
An overview of Illinois’ pregnancy fairness laws By Justin L. Leinenweber Government Lawyers, April 2015 As of January 1, 2015, new provisions in Illinois law establish that pregnancy, childbirth, and medical conditions related to pregnancy or child birth are now protected under the Illinois Human Rights Act.
An overview of new Illinois sexual assault laws By Tracy Douglas Women and the Law, October 2015 An overview of the new laws in Illinois that are designed to help survivors and encourage more reporting of sexual violence.
An overview of the PILOT programs implemented to help offset revenue losses from property tax exemptions given to non-profit institutions By Jennifer Thomas State and Local Taxation, February 2015 A thorough examination of PILOT programs and how they can be a strategy for local governments to consider.
PAC issues advisory opinion regarding collective bargaining meetings By Everett Nicholas Education Law, October 2015 While the opinion by the The Public Access Bureau in the Illinois Attorney General’s office is advisory only, Boards need to be wary if a majority of a quorum of board members is meeting to discuss negotiations and not engaged in actual across-the-table bargaining.
Paid sick time laws sweep the nation By Jenni Field Employee Benefits, April 2015 Employers with locations in multiple jurisdictions with paid sick leave laws will have to craft separate sick leave policies for each location.
Palos Bank and Trust Co. v. Illinois Property Tax Appeal Board and Cook County Board of Review 2015 IL App 143324 (First District) (decision filed September 30, 2015) By Mary Ann Connelly Administrative Law, November 2015 In this case the Appellate Court affirmed judgment of the circuit court dismissing the complaints for administrative review
Palos Bank and Trust Co. v. Illinois Property Tax Appeal Board and Cook County Board of Review 2015 IL App 143324 (First District) (decision filed September 30, 2015) By Mary Ann Connelly State and Local Taxation, October 2015 In this case the Appellate Court affirmed judgment of the circuit court dismissing the complaints for administrative review
Parent with developmental disability discriminated against by Massachusetts in violation of ADA and Section 504 of the Rehabilitation Act By Patti Werner Mental Health Law, June 2015 To permit termination of parental rights based on the “inability to discharge parental duties,” without identifying those duties or defining how they are measured, invites the same kinds of presumptions and stereotypes that the DOJ and HHS found violated the ADA in the Massachusetts case.
Part one: Summaries of three U.S. Supreme Court cases interpreting the term “navigable waters” in the Clean Water Act By Christopher B. Grubb Environmental Law, June 2015 Part One in this two-part series that examines the controversy over the scope of “navigable waters” and the “Waters of the United States” for purposes of the Clean Water Act and wetland permitting.
Partition of minerals By John C. Robison, Jr. Mineral Law, December 2015 A look at the case and legislative history of partition in Illinois.
Pay If/When Paid clauses in Illinois By Jim Dash Construction Law, July 2015 As a matter of pure contract, “Pay When Paid” or “Pay if Paid” clauses generally are enforceable in Illinois so long as the contract makes payment to the upstream party an unambiguous condition precedent to payment downstream. And if (sub)contractor does not have, or believes that it does not have, the leverage to negotiate the terms of its contract, it often will accept the contract, “Pay When/If Paid” clause and all, just in order to get the work.