Articles From 2017

Justices criticize state law invalidating arbitration agreements signed under power of attorney By Hubert Zanczak Alternative Dispute Resolution, June 2017 The SCOTUS just released a reversal in Kindred Nursing v. Clark, slamming the Kentucky Supreme Court for an attempt to create law which improperly targets arbitration agreements.
Keep litigious proclivities out of real estate transactions By Colleen L. Sahlas Real Estate Law, July 2017 A litigator’s strategies may be effective in litigation, but in a residential real estate deal they can backfire, be destructive, and even jeopardize your client’s contractual rights.
Keeping homeowners apprised of their rights under The Illinois Mechanics Lien Act By Adam B. Whiteman Construction Law, August 2017 Despite the protections provided in the Illinois Mechanics Lien Act, the Section 5 Contractors Sworn Statement is rarely used in a residential construction setting. The reason for this is that people (and attorneys) simply do not even know about it.
Key post acquisition obligations for BFPPs By Samantha Gibson Environmental Law, May 2017 A discussion of the post-acquisition obligations one must satisfy in order to get the protection of a BFPP defense.
Key tax provisions in the Better Care Reconciliation Act of 2017 By Kristen Henry Federal Taxation, July 2017 The American Health Care Act of 2017 (AHCA), which repeals and replaces parts of the Patient Protection and Affordable Care Act (ACA), recently passed the U.S. House of Representatives on May 4, 2017. The Senate then put forth a discussion draft on June 22, 2017, titled the Better Care Reconciliation Act of 2017 (BCRA), followed by a revised discussion draft on July 13, 2017. The BCRA includes multiple tax provisions, repealing or expanding upon some of the ones originally enacted in the ACA.
Landlord beware By Raymond T. Reott Environmental Law, October 2017 The case of People Ex rel Madigan v. Lincoln Limited reached an interesting distinction between the responsibilities of the tenant and the landlord, but ultimately the landlord remains at risk for whatever is done at its property, whether by tenants or even trespassers.
Law firm financial management: Practical tips and suggestions—Part 1 of a multi-part series By John W. Olmstead Law Office Management and Economics, Standing Committee on, September 2017 Managing the firm’s finances is one of the most important management roles in a law firm.
Law Firm Succession/Exit Strategies: Small Firm Merger: A Case Study of a Solo Attorney that After Two Unsuccessful Attempts Took a Phased Approach to a Merger with a Small Sole Owner Practice By John W. Olmstead Law Office Management and Economics, Standing Committee on, May 2017 What to consider when you begin to plan for the eventual succession and transition of a solo practice.
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Lawyer Lincoln: A lesson in character By Hon. Michael B. Hyman Bench and Bar, March 2017 For Lincoln, the cultivation of a good moral character was the standard by which he practiced law. It should be our ultimate standard as well.
Lawyers behaving badly By Michael R. Lied Labor and Employment Law, October 2017 It’s a bad idea for lawyers to threaten to call immigration authorities to gain advantage over another party.
Lawyers in small firms and solo practice must understand technology that impacts the practice of law By Jonathan Nessler Law Office Management and Economics, Standing Committee on, September 2017 The Illinois Supreme Court recently updated the Illinois Rules of Professional Responsibility to make it clear that, in order to provide competent representation, attorneys must keep up-to-date with relevant technology and relevant advancements in technology.
Lawyers need to blog By Alan Pearlman Law Office Management and Economics, Standing Committee on, May 2017 A review of LexBlog, Inc., a company that will take all of the guesswork out of preparing and creating your legal blog.
Learning essential steps to conflict resolution is for everyone By Sandra Crawford Bench and Bar, July 2017 What we can learn from the book, The Eight Essential Steps to Conflict Resolution by Dudley Weeks.
Learning essential steps to conflict resolution is for everyone By Sandra Crawford Alternative Dispute Resolution, June 2017 What we can learn from the book, The Eight Essential Steps to Conflict Resolution by Dudley Weeks.
Legal aid should lead in the pursuit of racial justice By Beverly Allen Racial and Ethnic Minorities and the Law, January 2017 Legal aid organizations must revamp their approach to poverty issues and their programming in order to achieve success in the war on poverty and in providing access to justice to those minority populations that have been sidelined for decades.
Legal Authority and judicial oversight of Executive Order 13769 By Matt Timko Diversity Leadership Council, June 2017 A look at the legal authority and challenges brought against Executive Order 13769, which bans nationals from certain “countries or areas of concern.”
Legal technology resources for your practice By Kimberley Crum Klein Legal Technology, Standing Committee on, July 2017 A list of apps for both iPhone and iPad that can help you with productivity in your legal practice.
The legislative history of the Great Lakes Restoration Initiative By Kevin T. Carlson Environmental Law, October 2017 Launched in 2010, GLRI so far has provided nearly $2 billion across five focus areas in a comprehensive effort to protect, preserve, and restore the Lakes.
Legislative state tax update of the Illinois Income Tax Act and Retailers’ Occupation Tax Act By David J. Kupiec State and Local Taxation, July 2017 Illinois Public Act 100-0022 amends the Illinois Income Tax Act and Retailers’ Occupation Tax Act-- here's what you need to know.
Legislative update part II By Phil Milsk Education Law, November 2017 The second installment of bills of interest to education law practitioners.
Legitimate income tax collection activity by Illinois? By Paul A. Meints Agricultural Law, February 2017 If your client tells you that the State of Illinois is exerting pressure to be paid, call this number before telling them to write the check.
Letter from the Chair By Rob Connor Mental Health Law, September 2017 A message from 2017-18 Section Chair Rob Connor.
Letter from the Chair By Joseph T. Monahan Mental Health Law, June 2017 A message from Section Chair Joseph Monahan.
Letter from the Chair By Ledy VanKavage Animal Law, April 2017 A message from Animal Law Section Chair Ledy VanKavage.
Letter from the Chair By Joseph T. Monahan Mental Health Law, February 2017 A message from Section Chair Joseph Monahan.
Letter from the editor By James Creech Federal Taxation, July 2017 The final letter from Editor James Creech.
Letter from the editor By Paul Fagyal Federal Taxation, February 2017 An introduction to the issue from Editor Paul Fagyal.
A lie or a slip of the tongue? The basics of judicial estoppel after Seymour v. Collins By Allison M. Huntley Civil Practice and Procedure, November 2017 As a practical matter, the case of Seymour v. Collins highlights the factual analysis that goes into the decision to apply judicial estoppel, and there are lessons here for both defendants bringing dispositive motions and plaintiffs responding to them.
Limiting the general: How practitioners can (and should) use the ejusdem generis rule of construction in everyday practice By Matthew R. Davison Civil Practice and Procedure, December 2017 Across the legal spectrum, the rule of ejusdem generis remains an eloquent and aged technique for articulating rational limitations on ostensibly general phrasing.
Lincoln sites of interest By Hon. Edward J. Schoenbaum Bench and Bar, February 2017 Hon. Ed Schoenbaum, who has volunteered at the Abraham Lincoln Presidential Musuem for the past nine years, shares his insights into some of his favorite Lincoln locations.