Section Newsletters

Articles From 2017

Prescription opioids—Medicare needs to expand oversight efforts to reduce the risk of harm Health Care Law, December 2017 The over-prescription and misuse of highly addictive opioid pain medications has become a matter of intense national concern. In 2016, Medicare spending for opioids was almost $4.1 billion. In November, the Government Accountability Office (GAO) released a report examining Medicare’s oversight with respect to opioid use and prescription. A summary of this report is presented in this issue.
President Trump issues updated immigration order By Jacob Hogg & Rebecca Mancini Corporate Law Departments, March 2017 Foreign national employees who are from one of the listed countries should refrain from international travel for the duration of the ban – until June 14, 2017, or until further notice.
President Trump officially kills arbitration rule By Jacob Walls Alternative Dispute Resolution, December 2017 On November 1, 2017, President Trump signed a resolution that was passed through Congress to kill the Consumer Financial Protection Bureau’s Arbitration Rule.
A presumption of taxability cannot save an extraterritorial tax By Evan W. Schanerberger & Stanley R. Kaminski State and Local Taxation, October 2017 In the recent case of The Hertz Corporation v. City of Chicago, the Illinois Supreme Court has once again declared that only by state legislation can a home rule municipality in Illinois apply its taxing powers beyond such municipality’s borders.
A primer on trial preparation By Jennifer Friedland & Lauryn E. Parks General Practice, Solo, and Small Firm, March 2017 The following timeline and tips are designed to help you organize your time and streamline your efforts so that you are prepared on the day of trial.
Pro bono opportunities: Plan on serving in 2017 By Damian Ortiz Racial and Ethnic Minorities and the Law, June 2017 Pro Bono Month in Illinois is in October, but there's no need to wait if you're interested in providing services to our communities. Here's what you need to know.
Probate citation proceedings By Cary A. Lind Trusts and Estates, December 2017 There are two kinds of Citations: Discovery and Recovery. The usual procedure is to do the Discovery Citation first with the Recovery Citation afterwards if further proceedings are warranted.
Profit motive or hobby? By Patrick D. Owens Federal Taxation, February 2017 In Roberts v. Commissioner, the United States Court of Appeals for the Seventh Circuit reversed the Tax Court’s opinion and voided the taxpayer’s tax deficiencies in 2005 and 2006 in finding that the taxpayer’s horse racing activities amounted to a business rather than merely a hobby.
Prolonged traffic stop violation of Fourth Amendment prohibition against reasonable seizures affirmed by appellate court By J. Brick Van Der Snick Traffic Laws and Courts, November 2017 A summary of the consolidated appeal in .
1 comment (Most recent November 10, 2017)
“Property plus” – A new well-being standard for the family pet in marriage dissolution proceedings By Alicia Hill Ruiz Animal Law, November 2017 On January 1, 2018, Illinois begins its work as the first state to mandate that in any allocation of a marital asset companion animal under the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), the court “...shall take into consideration the well-being of the companion animal.”
Property powers of attorney are needlessly dangerous By Graham B. Schmidt Trusts and Estates, April 2017 Illinois jurisprudence automatically attaches a fiduciary relationship between principal and nominated agent at the execution of the Property Power of Attorney instrument, regardless of whether the agent has accepted the appointment.
2 comments (Most recent May 9, 2017)
Proportionality in e-discovery: The Illinois appellate court seeks to find the right fit By Eli Litoff, Kelly Warner, & Edward Casmere Bench and Bar, April 2017 In the years since Supreme Court Rule 201 was amended in 2014, Illinois appellate courts have not had occasion to apply the proportionality test, leaving litigants to resort to federal precedent to define their proportionality arguments.
Proposed 2704 changes meet stiff resistance at IRS hearing By Bruce A. Johnson Trusts and Estates, January 2017 Since the tax court decision of Kerr v. Commissioner, the IRS has been concerned that certain loopholes exist in IRC 2704 that allow taxpayers to gift interests to family members in entities that have no business purpose and allow the transfer of wealth without due consideration of the value to the transferor.
Proposed amendment to the Illinois Hydraulic Fracturing Tax Act By David M. Foreman Mineral Law, December 2017 This article addresses the Illinois Hydraulic Fracturing Tax Act, 35 ILCS 450/2-1 et seq. (Tax Act) and the Illinois Department of Revenue’s proposed regulations implementing it.
Proposed valuation discount regulations on list for revision or repeal By Kristine A. Tidgren Agricultural Law, August 2017 On July 21st, the IRS identified eight regulations that may be rescinded or need modification per President Trump's recent Executive Order.
Protective plan provisions By Kathryn J. Kennedy Employee Benefits, June 2017 The federal courts have expanded what can be included in the terms of certain plan provisions, with a result that is more favorable, and thus more protective, to plan sponsors in ERISA litigation. This article examines these protective plan provisions.
Public Act 99-743: Deeds in Trust and Acceptance by the Trustee By Richard F. Bales Trusts and Estates, August 2017 A look at the Trusts and Trustees Act's new Section 6.5, "Transfer of Property to Trust."
Punishing Poverty: Part I By Michelle A. Jenkins Human and Civil Rights, March 2017 In the first of this two-part look at Illinois' bail bond system, author Michelle Jenkins argues that the current system ultimately burdens those it intends to protect.
Punishing poverty: Part II By Michelle A. Jenkins Human and Civil Rights, April 2017 The second of this two-part look at Illinois' bail bond system, in which author Michelle Jenkins argues that the current system ultimately burdens those it intends to protect.
The question of possession, custody, or control in production By George S. Bellas & Michael Rizo Federal Civil Practice, April 2017 Unfortunately, the F.R.Civ.P. do little to define the meaning of “possession, custody or control,” leaving parties to determine the definition from case law.
The question of possession, custody, or control in production By George S. Bellas & Michael Rizo Civil Practice and Procedure, January 2017 Unfortunately, the F.R.Civ.P. do little to define the meaning of “possession, custody or control,” leaving parties to determine the definition from case law.
Race, ethnicity affect kids’ access To mental health care, study finds By Shefali Luthra Employee Benefits, September 2017 Getting treatment for a mental health condition remains difficult — and it’s worse for children, especially those who identify as black or Hispanic.
Race, ethnicity affect kids’ access To mental health care, study finds By Shefali Luthra Diversity Leadership Council, June 2017 Getting treatment for a mental health condition remains difficult — and it’s worse for children, especially those who identify as black or Hispanic.
Raising capital for business: Recent changes expand your options By Elizabeth A. Bleakley Business Advice and Financial Planning, June 2017 A summary of the significant new acts and regulations related to raising capital for small and emerging growth companies since 2012.
Raising capital for business: Recent changes expand your options By Elizabeth A. Bleakley Business and Securities Law, May 2017 A summary of the significant new acts and regulations related to raising capital for small and emerging growth companies since 2012.
Real estate tax exemptions in Illinois: A primer By Leonard F. Amari & Vesna Marusic Senior Lawyers, June 2017 Understanding the basics of real estate tax exemptions in Illinois.
1 comment (Most recent June 6, 2017)
Recent appointments and retirements Bench and Bar, December 2017 Recent changes to Illinois' Judiciary.
Recent appointments and retirements Bench and Bar, November 2017 Changes to Illinois' Judiciary.
Recent appointments and retirements Bench and Bar, October 2017 Recent changes to Illinois' Judiciary.
Recent appointments and retirements Bench and Bar, September 2017 Recent changes to Illinois' Judiciary.