Articles From 2016

Litigating Kladis By Hon. Joel Berg Traffic Laws and Courts, October 2016 In People v. Kladis, the Illinois Supreme Court approved extreme sanctions for the loss of video evidence. Many thought this a watershed moment in mandating the creation and preservation of video evidence. They were wrong. Subsequent cases illustrate both the narrow nature of the Kladis holding and how misunderstood that holding has been.
1 comment (Most recent October 10, 2016)
Local governmental lobbying By Paul Thompson Government Lawyers, January 2016 If as a government lawyer you are advising public officials on the restrictions placed on lobbyist activities, please review any other local government limitations placed upon this profession.
Location, location, location: All you really need to know about disgorgement of fees By Rory T. Weiler Family Law, December 2016 In light of the difference of opinion between the First and Second District, practitioners in those two districts will find that the answer to the question of whether disgorgement is available depends principally upon where the divorce case is filed.
Looking the part: Essentials in a young lawyer’s wardrobe By Kathryn Conway Young Lawyers Division, February 2016 Author Kathryn Conway has developed a list of professional wardrobe essentials that every young lawyer should have in his or her closet.
Lost Electronically Stored Information (ESI) By Jeffrey A. Parness Federal Civil Practice, September 2016 A review of the basic features of the new FRCP 37(e), its counterparts in Illinois, and its impact on all Illinois lawyers, wherever they practice.
Lost Electronically Stored Information (ESI) By Jeffrey A. Parness Civil Practice and Procedure, July 2016 A review of the basic features of the new FRCP 37(e), its counterparts in Illinois, and its impact on all Illinois lawyers, wherever they practice.
LUST at 27: The Leaking Underground Storage Tank Fund and the incredibly invisible indemnification provisions By Phillip R. Van Ness & Craig Foster Environmental Law, April 2016 There are as yet no set parameters for either accessing or preserving the LUST Fund.
Make cash rent negotiations less complicated By Dan Grant Agricultural Law, October 2016 As cash rent negotiations draw near for many this fall, farmers and landowners should view the process much like school. Those who do their homework are much more likely to fare well compared to those who skip the work and have no plan.
Making the most of 1L summer By Shalyn Caulley Bench and Bar, January 2016 The author, a 2017 J.D. candidate, offers her insights as to the benefits of a judicial internship.
The many faces of e-filing By Hon. E. Kenneth Wright, Jr. Bench and Bar, May 2016 An update on the status of electronic filing of papers in Illinois courts.
Marketing yourself as a young lawyer without breaking the rules By Vincent Oppedisano Young Lawyers Division, December 2016 As lawyers trying to provide value to our firms by generating new business, there are special limits placed on us by the Illinois Rules of Professional Conduct, particularly by Rule 7. Young lawyers should study this entire Rule in detail, but here are some key takeaways.
McHenry County Circuit Court moves away from paper By Hon. Alfred M. Swanson, Jr. (Ret.) Bench and Bar, May 2016 Judges in the 19th Circuit are beginning to move away from paper to a completely electronic docket management system.
Medical marijuana attorneys can breathe easier when advising clients By Thomas E. Howard Commercial Banking, Collections, and Bankruptcy, October 2016 As a result of the recent decision in U.S. v. McIntosh, attorneys advising medical marijuana businesses can now breathe a sigh of relief.  The convoluted and conflicting field of state and federal statutes and case law just had a very large wrinkle ironed out.
MEDICARE: Claim review programs could be improved with additional prepayment reviews and better data Health Care Law, June 2016 A summary of the Government Accountability Office (GAO) report, “Medicare: Claim Review Programs Could Be Improved with Additional Prepayment Reviews and Better Data,” GAO-16-394 released May 13, 2016, which looks at the current operations of Medicare audit contractors.
Meeting the needs of health care clients in liability litigation—What defense counsel needs to remember By James Adamson Health Care Law, March 2016 Jim Adamson begins his article by observing that “The most important element to remember about the attorney-client relationship is that the attorney is serving the needs of the client.” This useful article is designed to help new health care lawyers as they enter this area of practice with helpful insights about how to provide clients with high-quality professional representation.
Member spotlight: Lindsay Bentivegna By Tracy Douglas Administrative Law, November 2016 Learn more about this newsletter's co-editor.
Memo By Patrick M. Kinnally & Cindy G. Buys International and Immigration Law, October 2016 The International and Immigration Law Section Council has approved and urges the Illinois State Bar Association to support an amendment to 725 ILSC 5/113-8 relating to guilty pleas to improve compliance with judicial notification of the immigration consequences of guilty pleas.
Mentoring in Law: Necessity & Opportunity By Michael Alkaraki Racial and Ethnic Minorities and the Law, May 2016 Often, and contrary to many employers' concerns, new lawyers do in fact possess the skills needed to hit the ground running-- they simply lack the confidence and sense of direction that come largely through experience. Fortunately there are resources that can help.
Mentoring in Law: Necessity & Opportunity By Michael Alkaraki Young Lawyers Division, April 2016 Often, and contrary to many employers' concerns, new lawyers do in fact possess the skills needed to hit the ground running-- they simply lack the confidence and sense of direction that come largely through experience. Fortunately there are resources that can help.
Message from the Chair By Ledy VanKavage Animal Law, September 2016 A message from Animal Law Section Chair Ledy VanKavage.
Message from the Chair By Patrick M. Kinnally International and Immigration Law, September 2016 A message from 2016-17 Section Chair Pat Kinnally.
Message from the Chair By Nora A. Doherty State and Local Taxation, July 2016 A message from Section Chair Nora Doherty.
Message from the Chair By Tejas Shah International and Immigration Law, June 2016 A message from Section Chair Tejas Shah.
Message from the Chair By Gary R. Gehlbach Trusts and Estates, June 2016 A message from Section Chair Gary Gehlbach.
Message from the Chair By Tejas Shah International and Immigration Law, April 2016 A message from Section Chair Tejas Shah.
Message from the Chair By Tejas Shah International and Immigration Law, February 2016 A message from Chair Tejas Shah.
Military pension division and the 2017 radical rewrite By Mark E. Sullivan Family Law, August 2016 A new nationwide standard would overrule pension division requirements in all but half a dozen states. Here are some questions to clarify the issues and the problems.
Mind your Ps and Qs: Some tips for interviewing kids By Michael W. Raridon Child Law, September 2016 The author, a GAL with more than 27 years' experience, shares his ideas for how to serve the best interests of the children.
Minding the gap: International Women’s Day By Emily A. Hansen Women and the Law, March 2016 International Women’s Day was observed on March 8th to celebrate and promote the economic, cultural and political achievement of women.
Modern family law: 2016 changes to the Illinois Marriage and Dissolution of Marriage Act By Audrey Paige Sauer Alternative Dispute Resolution, June 2016 An overview of some significant revisions and new provisions in the IMDMA.