Section Newsletters

Articles From 2017

Restoring the benefit of the bargain By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, July 2017 Is a lender entitled to default interest, late fees and other default penalties in a reorganization plan proposed by its borrower? Recent case law says “yes.”
A review of Carle Foundation v. Cunningham Township By Keith Staats State and Local Taxation, April 2017 Depending on the outcome of this case in the circuit court, the appellate court and Supreme Court may finally reach the issue of the constitutionality of the Illinois charitable hospital property tax exemption.
Revisiting long-arm jurisdiction: Kowal v. Westchester Wheels, Inc. By Sara M. Davis Civil Practice and Procedure, November 2017 The Kowal decision provides litigants with a concise overview of specific jurisdiction in the context of a products liability case. It is a useful opinion providing direction on the elements necessary to meet or defeat specific jurisdiction.
1 comment (Most recent November 16, 2017)
Revisiting the Chicago Declaration on the Rights of Older Persons By Mark E. Wojcik Local Government Law, November 2017 The Chicago Declaration was intended to protect the rights of older persons in various areas, including autonomy and independence, participation in decision-making processes, and freedom of choice.
Revisiting the Chicago Declaration on the Rights of Older Persons By Mark E. Wojcik International and Immigration Law, October 2017 The Chicago Declaration was intended to protect the rights of older persons in various areas, including autonomy and independence, participation in decision-making processes, and freedom of choice.
The risks of using legal forms without attorney guidance… Episode # 37 By Michael J. Maslanka Real Estate Law, April 2017 If your clients ever ask if they can just prepare a form, you can honestly say that they can but that they do so at their own risk, and the cost of an attorney's fee to prepare the form for her or him is likely going to be a lot less than the fee for fixing a mistake that the do-it-yourself form may produce.
The role of the office manager By Kerry M. Lavelle Law Office Management and Economics, Standing Committee on, December 2017 The office manager needs to be an extension of the managing partner. His or her job is to serve as an absolute support mechanism and system for the managing partner.
Rule 502: Something Illinois litigants can learn from federal courts By Eli Litoff, Kelly Warner, & Edward Casmere Bench and Bar, May 2017 Rule 502 sets forth several significant provisions – including 502(d) – which can be implemented by the courts and parties to proactively address production and protection of privileged material.
A ruse by any other name: Normalizing trademark infringement by domain name sabotage By Phillip R. Van Ness Intellectual Property, September 2017 Increasingly, Internet domain names orchestrate trademark collision and confusion. Law firms O’Keefe Lyons & Hynes LLC v. O’Keefe Law Firm Ltd. Discovered the disharmony. The elaborate dispute resolution process adopted by ICANN might sometimes be a sham, losing trademarks their vitality.
Sale to I.D.-carrying buyers only: A violation of human rights? By Michael J. Maslanka Human and Civil Rights, September 2017 A discussion of Deutsch Bank National Trust v. Peters.
Sanctuary cities By Pat Lord Government Lawyers, May 2017 In response to the extraordinary events that have taken place since President Trump took office, counties, cities, and villages across the country are evaluating whether to take official action to designate themselves as a Sanctuary City and wondering if they do whether they’ll lose federal funding.
Sandoz v. Amgen: Biosimilars arrive at the Supreme Court By Steven L. Baron & Michael J. Weil Intellectual Property, June 2017 “Biologics” are made from living cells, typically engineered bacterium or yeast. Unlike small-molecule drugs, like Ibuprofen, which are made from chemicals in a duplicate process, biologics, made from living material, are dynamic, and extremely effective treting many diseases. The 2010 Biologics Price Competition and Innovation Act (BPCIA) permits drug manufacturers to product biosimilars that are “highly similar” to a reference product. In Sandoz v. Amgen the US Supreme Court will deal with the mandated 180 day waiting period and patent infringement allegation.
Sandoz v. Amgen: The Supreme Court makes its first decision on biosimilars By Michael J. Weil & Steven L. Baron Intellectual Property, September 2017 In its first major biosimilar case, Sandoz v. Amgen, the US Supreme Court held that under federal law the BPCIA's provision requiring applicant (Sandoz) to provide sponsor (Amgen) with its application and manufacturing information could not be enforced by injunction; that applicant’s failure to provide the information was a question of state law; and that an applicant (Sandoz) is not required to wait until the FDA licenses its biosimilar to provide notice of commercial marketing to the sponsor (Amgen). The decision eliminates at least 180 days of exclusivity from brand name biologics.
Saudi Arabia: Final step towards Regional Trademark Law International and Immigration Law, March 2017 The Cooperation Council for the Arab States of the Gulf (GCC) Trademark Law, unlike the GCC Patent Law, is a unifying, not a unitary law.It stipulates a set of uniform provisions for all GCC countries, but does not offer a unitary registration system. New GCC Trademark Law and Implementing Regulations were published in the Saudi Official Gazette 1 July 2016, and are expected to become effective 90 days thereafter.
Saving multi-employer pension plans By Douglas A. Darch Employee Benefits, September 2017 Multi-employer pension plans can be saved and deserve to be saved.
Say goodbye to boilerplate objections and responses to discovery requests By George S. Bellas & Misty J. Cygan Civil Practice and Procedure, May 2017 For many attorneys and law firms it is standard practice to object to most, if not all, discovery requests with the boilerplate language that a request is overly broad or unduly burdensome. This practice necessitates more meet and confer conferences and motions to compel resulting additional costs to litigate. The 2015 amendments to Rule 34 were intended to curtail this type of practice. However, up until recently judges have been dillydallying in enforcing the new rule.
1 comment (Most recent May 3, 2017)
SCOTUS upholds affirmative action program at University of Texas at Austin By Khara Coleman Racial and Ethnic Minorities and the Law, January 2017 The striking contrast in Fisher v. University of Texas at Austin between the manner in which the majority and the dissent view the consideration of race as a factor in admissions is alarmingly difficult to reconcile with the notion of an America that has—or can—come to terms with a history of legally sanctioned racism.
Section 6(f) can be a heartbreak for career firefighters with cardiovascular disease: A rebuttable presumption, a bursting bubble theory and it still comes down to the manifest weight of the evidence By Gina Panepinto Workers’ Compensation Law, November 2017 Simpson v. Illinois Workers' Compensation Comm'n will serve to calm municipalities'concerns about application of Section 6(f), but will cause concern for career firefighters.
Section Council travels to Deere & Company By Jeffrey A. Mollet Agricultural Law, January 2017 The ISBA Agricultural Law Section Council recently met at the World Headquarters of Deere & Company in Moline, Illinois, to both address ISBA business and to gain further insight into the current state of agriculture from a new perspective.
Section stances on significant legislation Local Government Law, March 2017 See what positions the Section has taken on a variety of bills in the Illinois General Assembly.
Senate Bill 1673: The General Assembly’s attempt to cut and paste federal “water quality standards variance” provisions into Illinois law By Phillip R. VanNess Environmental Law, March 2017 A new (to Illinois) process for addressing water quality standards is in the offing, and it warrants careful review.
SENATE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, March 2017 Recent legislation of interest to criminal law practitioners.
1 comment (Most recent March 17, 2017)
A senior woman’s travel through Iran By Eugenia C. Hunter Senior Lawyers, October 2017 Late last year, author Eugenia Hunter was invited to join a small group of women for a cultural trip to Iran.
1 comment (Most recent October 16, 2017)
Sentence reduction legislation leaves defendants in limbo: What’s a defendant to do? By Steve Baker Criminal Justice, September 2017 Practitioners must carefully determine if their client’s offense is affected by the changes in the legislation and if so, opt under the Statute on Statutes for their client to be sentenced to the reduced sentence.
Service of process and adequacy of notice in administrative cases By William A. Price Administrative Law, June 2017 The Illinois Supreme Court has only issued one administrative review law decision so far in 2017-- Stone St. Partners, LLC v. City of Chicago Dep’t of Admin. Hearings-- but it raises significant practice issues for agencies and practitioners.
Service of process on corporations and limited liability companies By Joel L. Chupack Civil Practice and Procedure, July 2017 There are two significant differences in service on a corporation as opposed to a limited liability company. One of these differences is during the entity’s existence. The other is after its dissolution.
1 comment (Most recent July 10, 2017)
Sessions v. Morales-Santana: Gender-based classifications in the Immigration and Nationality Act struck down by the U.S. Supreme Court By Robert Heuer International and Immigration Law, November 2017 On June 12, 2017, the Supreme Court issued a ruling in furtherance of gender equality, striking down as violative of the Fifth Amendment’s equal protection guarantee a provision of the Immigration and Nationality Act (8 U.S.C. § 1401 et seq.) that treated unmarried men and women differently in their ability to transmit U.S. citizenship to their children born abroad.
Sessions v. Morales-Santana: Gender-based classifications in the Immigration and Nationality Act struck down by the U.S. Supreme Court By Robert Heuer Human and Civil Rights, September 2017 On June 12, 2017, the Supreme Court issued a ruling in furtherance of gender equality, striking down as violative of the Fifth Amendment’s equal protection guarantee a provision of the Immigration and Nationality Act (8 U.S.C. § 1401 et seq.) that treated unmarried men and women differently in their ability to transmit U.S. citizenship to their children born abroad.
Settling parties (with attorneys) beware! By Michael J. Maslanka Senior Lawyers, February 2017 The recent opinion in Williams v. Office of the Chief Judge of Cook County, Illinois and Michael Rohan, contains a portion which this author-- and likely others--will find disturbing.
1 comment (Most recent February 22, 2017)
Seventh Circuit finds duty to defend is triggered under Illinois law where subcontractor’s defective work causes damage to other parts of project By Clifford J. Shapiro Construction Law, December 2017 It remains to be seen whether or to what extent the courts in Illinois will follow the Westfield Insurance Company v. National Decorating Service, Inc. decision with respect to coverage under subcontractor policies in similar circumstances.