Section Newsletters

Articles From 2017

Photos from the YLD Holiday Party Young Lawyers Division, February 2017 The ISBA YLD enjoyed a holiday fundraiser in Chicago on December 8, 2016.
Photos of our members Women and the Law, May 2017 Two recent photos, one from the ISBA Laureate Awards and the other from our most recent Committee meeting.
Piercing the entity veil: Vertical and horizontal; and the award of attorney fees in a case of first impression By Ariel Cutts & Charles W. Murdock Business and Securities Law, September 2017 In Steiner Elec. Co. v. Maniscalco, the court determined that a provision in the credit agreement between Steiner and Delta, the judgment debtor, was broad enough to encompass post-judgment attorney fees incurred in the subsequent veil-piercing action.
Pirate Joe sails away By Margo Lynn Hablutzel Intellectual Property, November 2017 Pirate Joe’s buys lots of goods at retail from Trader Joe’s in Bellingham, WA and resells them at Pirate Joe's Vancouver, Canada store. Trader Joe’s stores are located only in the USA. Trader Joe’s Lanham Act complaint claimed reputation, health, and safety concerns because perishable items were subject to varying temperatures, creating a health risk. Ninth Circuit, following precedent that the Lanham Act’s “use in commerce” requirement is separate from the jurisdictional grant, as they appear in different sections of the Act, and thus the federal courts unquestionably have subject matter jurisdiction over Lanham Act cases, decided only “some effect” on USA commerce was required for jurisdiction, and remanded to address the case merits. Then the parties settled.
The pitfalls of not naming employers on an application for adjustment of claim By Matteo Rago Workers’ Compensation Law, November 2017 The 2011 case of Norton v. Illinois Workers’ Compensation Comm’n provides valuable insight.
Plain and simple: The Illinois Supreme Court provides clarity for the burglary statute Criminal Justice, September 2017 The recent ruling by the Illinois Supreme Court in People v. Bradford, has finally resolved the split of authority regarding the application of the burglary statute amongst the Illinois Appellate Districts.
Plan administrators are obligated to inform claimants of plan-imposed limits for judicial review in denial of claim notices By Patrick Cogan Insurance Law, January 2017 The United States Third Circuit Court of Appeals overturned a district court ruling and held that a plan administrator must include information regarding the plan’s statute of limitations in its claim denial letter.
Plan audit checklist By Bernard G. Peter Corporate Law Departments, October 2017 A list of the actions that should be taken to determine whether plan operations comply with plan provisions.
Plan audit checklist By Bernard G. Peter Employee Benefits, March 2017 A list of the actions that should be taken to determine whether plan operations comply with plan provisions.
Pleading guilty and immigrant criminal defendants: A renewed call for a new law By Patrick M. Kinnally International and Immigration Law, August 2017 Author Pat Kinnally argues that Illinois' judicial admonition law is ineffective.
Pleadings under the Probate Code: A simple design By Patrick M. Kinnally Civil Practice and Procedure, February 2017 The Probate Act sets forth the pleading requirements for a claim against an estate. Unfortunately, the Act is silent on the pleading requirements for a counterclaim or an affirmative defense.
The Pledge of Allegiance and the battle between civil rights & civics education By Lauren Evans DeJong Law Related Education for the Public, July 2017 The history of the Pledge of Allegiance and the legal challenges to its recitation provide not only an interesting exploration of the tensions between the important role of schools and other units of government in promoting civic values and education while also maintaining the rights of Americans to exercise their religious freedoms and civil rights.
Podcast review of These Are Their Stories: The Law & Order Podcast By Jen Kobayashi Women and the Law, May 2017 Love Law and Order? Then there's a new podcast you need to listen to.
Police/community relations: The role of ADR and restorative justice in addressing conflicts By Hon. Ann Breen-Greco Alternative Dispute Resolution, January 2017 The third in a series of police/community relations’ seminars was held as part of the Law Division Court-Annexed Mediation Seminar on November 17, 2016.
Post-death conservation easements—Another way to save the farm? By Andrew G. White Trusts and Estates, November 2017 A conservation easement is a contribution of a qualified real property interest to a qualified organization to be used exclusively for conservation purposes. Conservation purposes include, among other things, the preservation of farmland.
Post-death conservation easements—Another way to save the farm? By Andrew G. White Business Advice and Financial Planning, June 2017 A conservation easement is a contribution of a qualified real property interest to a qualified organization to be used exclusively for conservation purposes. Conservation purposes include, among other things, the preservation of farmland.
Post-death conservation easements—Another way to save the farm? By Andrew G. White Agricultural Law, June 2017 A conservation easement is a contribution of a qualified real property interest to a qualified organization to be used exclusively for conservation purposes. Conservation purposes include, among other things, the preservation of farmland.
Posthumously conceived children reborn in Illinois re Social Security survivor benefits and inheritance By David Shayne Trusts and Estates, August 2017 A look at the changes brought about as a result of Public Act 100-0085, which rewrites Illinois Probate Act Section 2-3.
Postnuptial agreements: An effective tool in Illinois after marriage By Joshua S. Singewald & Kellie Rose Bylica Trusts and Estates, December 2017 Tips and considerations when drafting a prenuptial agreement in Illinois.
Postnuptial agreements: An effective tool in Illinois after marriage By Joshua S. Singewald & Kellie Rose Bylica Family Law, September 2017 Tips and considerations when drafting a prenuptial agreement in Illinois.
The power of an Inspector General to seek information from a separately elected county official— Blanchard v. Berrios By Patrick T. Driscoll, Jr. Local Government Law, March 2017 in Blanchard v. Berrios, the Illinois Supreme Court determined that the Cook County Inspector General had the authority to seek information and to issue subpoenas to the separately elected Cook County Assessor.
The power to tax is the power to destroy By Timothy E. Moran State and Local Taxation, July 2017 A message from SALT Section Chair Timothy Moran.
Powers of attorney, living wills, advance directives and religion By Michael J. Maslanka Trusts and Estates, November 2017 Religious denominations may have their own suggested or recommended language-- consider informing your clients so that they may make informed decisions that don't contradict their religious beliefs.
Powers of attorney, living wills, advance directives and religion By Michael J. Maslanka Senior Lawyers, June 2017 Religious denominations may have their own suggested or recommended language-- consider informing your clients so that they may make informed decisions that don't contradict their religious beliefs.
Practice note: Endrew F. v. Douglas County School District RE-1 By Lyn Beekman, Deusdedi Merced, & Mark C. Weber Education Law, May 2017 An outline of this recent case, which was vacated and remanded bya unanimous Supreme Court.
Practice pointer for valuation objection complaint filers in Cook County State and Local Taxation, December 2017 Take note of these three helpful reminders.
Pre-employment screening in Illinois By Lauryn E. Parks Business and Securities Law, March 2017 A look at the federal and state restrictions on the use or scope of pre-employment inquiries into an applicant’s credit and/or criminal histories.
Pre-employment screening in Illinois By Lauryn E. Parks Business Advice and Financial Planning, February 2017 A look at the federal and state restrictions on the use or scope of pre-employment inquiries into an applicant’s credit and/or criminal histories.
Pre-employment screening in Illinois By Lauryn E. Parks Labor and Employment Law, February 2017 A look at the federal and state restrictions on the use or scope of pre-employment inquiries into an applicant’s credit and/or criminal histories.
1 comment (Most recent February 3, 2017)
Preparing and filing mechanics lien claims: Complications and “Catch-22” By Howard M. Turner Construction Law, October 2017 770 ILCS 60/7 provides that instead of recording a claim for lien, a lien claimant can file suit. Instead of recording a lien, should you file suit? What factors are involved?