Articles From 2016

Commercial tenancies: Clearly define every term in a lease agreement By Justin C. Strane Business Advice and Financial Planning, June 2016 A recent appellate decision, Battaglia v. 736 N. Clark Corp., reminds us to clearly define all terms during commercial lease negotiations.
Commercial tenancies: Clearly define every term in a lease agreement By Justin C. Strane Real Estate Law, June 2016 A recent appellate decision, Battaglia v. 736 N. Clark Corp., reminds us to clearly define all terms during commercial lease negotiations.
The Committees on Character and Fitness By Jennifer E. Bae General Practice, Solo, and Small Firm, December 2016 A detailed look at the law license admission process for new attorneys.
Community Service Day—Teen Living Programs By Kelly Thames Bennett Women and the Law, June 2016 On Saturday, April 16, 2016, a group of committee members and some very helpful members of their families spent the morning helping Teen Living Programs (TLP) prepare their gardens and lawn for spring.
Comparative fault not trumped by summary judgment on liability By Jason G. Schutte & B. Moses Brown Civil Practice and Procedure, August 2016 Illinois Appellate Court demonstrates that a ruling of summary judgment on duty and breach of duty against Defendant does not bar Defendant from presenting evidence on negligence and arguing comparative fault at trial.
Competing approaches for adjusting non-settling CERCLA defendants’ liability in contribution claims By Samantha Gibson Environmental Law, April 2016 This article examines the competing approaches courts apply when determining the liability of non-settling parties in CERCLA contribution claims.
Comptroller of the Treasury of Maryland v. Wynne—The Supreme Court’s decision and its fallout By Stanislaw Balazia State and Local Taxation, January 2016 The ruling potentially affects thousands of other cities, counties and states with similar tax laws and could redefine how residents can be taxed by cities, counties and states in the future.
Confession of judgment clause valid in note with variable interest rate By Kevin J. Stine Commercial Banking, Collections, and Bankruptcy, October 2016 On August 26, the First District Appellate Court issued an opinion in Cole v. Davis, concluding that a confession of judgment clause with a fixed principal amount due and a variable interest rate is not legally insufficient under Illinois case law interpreting the statutory right to confess judgment.
Confidentiality and non-disclosure agreements in commercial transactions: Essential points for reviewing and counseling your client By Jonathan D. Carlson Corporate Law Departments, March 2016 When sharing ideas and information with others becomes necessary to advance business operations, a well-drafted Confidentiality and Non-Disclosure Agreement can provide the same level of protection that a “lock and key” approach offers for tangible goods.
Consent and the PBT By William L. Vig Traffic Laws and Courts, December 2016 If, considering the totality of the circumstances in a given case, the defendant’s submission to a PBT was not voluntary, that PBT result is subject to suppression in both the criminal motion to suppress and the civil petition to rescind.
The consideration of gifts and loans as income for purpose of the computation of child support By Gloria E. Block Family Law, March 2016 In re the Marriage of Rogers establishes that gifts constitute income for purposes of calculating child support; however, the issue of whether loan proceeds constitute income was not resolved in Rogers.
Convenience, speed and ethics By Michael J. Maslanka Real Estate Law, July 2016 What happens if you mistakenly click 'reply all' and include your opposing attorney and his client on your email correspondence?
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Cook County Board of Review digital filing system for the 2016 assessment By Michael M. Cabonargi State and Local Taxation, August 2016 A look at the developments during the year since the Board of Review implemented its new Digital Appeal Processing System.
Could a departing shareholder’s continuation with the company as an employee or a consultant be treated as a “retained interest” under Section 2036 or 2701 of the tax code? By Hilary E. Wild Federal Taxation, November 2016 What if your client wants to remain an employee or an independent contractor of a corporation after gifting his stock in the corporation to his children?
Could a departing shareholder’s continuation with the company as an employee or a consultant be treated as a “retained interest” under Section 2036 or 2701 of the tax code? By Hilary E. Wild Trusts and Estates, September 2016 What if your client wants to remain an employee or an independent contractor of a corporation after gifting his stock in the corporation to his children?
Country of origin labeling: Now you see it, now you don’t By Kristine A. Tidgren Agricultural Law, March 2016 Congress ended 2015 by amending the Agricultural Marketing Act to repeal country of origin labeling requirements for beef and pork.
Court affirms fee award under Human Rights Act By Michael R. Lied Labor and Employment Law, September 2016 A summary of Mendez v. The Town of Cicero.
Court dismisses declaratory judgment action against Department of Revenue for failure to exhaust administrative remedies By Brian Fiflet State and Local Taxation, December 2016 Can a nonresident corporation seek judicial determination on nexus without first exhausting administrative remedies?
Court dismisses motion brought forth by nonsignatories involved in Al Rashaid v. Nat’l Oilwell Varco, Inc. (2014) By Adam Sehr Alternative Dispute Resolution, April 2016 In this case, the appellants could cite no case using the collateral order doctrine to push for appellate review of a case where a motion to arbitrate was accepted by the court but certain aspects of the motion were not.
Court overturns PAC decision regarding what must be discussed prior to vote in public meeting By Everett Nicholas Education Law, April 2016 A look at Board of Education of Springfield School District No. 186 v. The Attorney General of the State of Illinois and Molly Beck.
Court overturns school board’s rejection of teacher dismissal arbitration award in case of first impression By Everett Nicholas Education Law, April 2016 A discussion of Beggs v. Board of Education of Murphysboro Community Unit School District No. 186.
Court pulls plug on hospital exemptions… again By Donald T. Rubin State and Local Taxation, May 2016 In the case of Carle Foundation v. Cunningham Twp., et al., the court found that 15-86 of the Property Tax Code was facially unconstitutional, because it purports to grant a charitable exemption on the basis of unconstitutional criterion, and remanded the case to the trial court for further proceedings.
Courthouse professionalism: Not just for judges and lawyers By Hon. Debra B. Walker & Jayne Reardon Bench and Bar, July 2016 The Courthouse Cross-Disciplinary Training program brings together representatives from every type of person who works in the courthouse, challenging them to consider ways they can increase their professionalism and service to those who access our judicial system.
Crash plan By Don Mateer Legal Technology, Standing Committee on, November 2016 A user's review of this computer backup software.
Crash plan By Don Mateer Senior Lawyers, February 2016 A user's review of this computer backup software.
A crime involving moral turpitude: In search of a standard By Patrick M. Kinnally International and Immigration Law, November 2016 The phrase “crime involving moral turpitude,” since its inception in the Immigration and Nationality Act, has been criticized for its lack of definition and perplexing application to a variety of alleged deportable acts.
Criminal trials in Britain By Hon. Alfred M. Swanson, Jr.(Ret.) Bench and Bar, September 2016 Retired Judge Alfred Swanson recently observed a courtroom in Oxford, England and reports on how the proceedings differ from our own in Illinois.
Critical changes in child-related domestic relations law By Hon. Michael Ian Bender, (Ret.) Child Law, June 2016 On January 1, 2016, multiple legislative amendments to the Illinois Marriage and Dissolution of Marriage Act take effect. This article examines several critical changes in light of courtroom and litigation practice.
Cyber Fraud and Cyber Security—What’s this all about? By Leonard F. Amari Senior Lawyers, October 2016 This article deals with the attorney, and therefore his client, whose email address was used to misdirect a wire transfer to or from a client.
Dealing with difficult clients: Is it worth it? By Masah S. Renwick Family Law, November 2016 For those of us to intend to make a career out of representing family law clients, we have got to know how to identify the cases that are the worst of the worst, and learn how to navigate them or avoid them altogether.
1 comment (Most recent November 4, 2016)