Section Newsletters

Articles From 2017

The Seventh Circuit rejects plaintiff’s cancer causation theory By Robert H. Riley & Brian O. Watson Bench and Bar, September 2017 The Seventh Circuit recently rejected the plaintiff’s expert’s causation theory that “each and every exposure” or the “cumulative exposure” may satisfy the plaintiff’s causation burden.
The Seventh Circuit’s decision in Hively signals protection for transgender individuals By Juliet Berger-White & Charlie Wysong Bench and Bar, May 2017 The Seventh Circuit recently became the first circuit court to hold that Title VII’s prohibition of sex discrimination applies to discrimination on the basis of sexual orientation.
Shakespeare’s cold wisdom—Too early seen unknown, and known too late? By Edward Casmere Bench and Bar, September 2017 The point of this article is not to advocate for a campaign of carpet-bombing legal briefs and arguments with quotes from Shakespeare, but rather to suggest that this giant of the literary world has gifted lawyers with timeless insights that may help us better “suit the action to the word, the word to the action” as we practice our craft.
Should Illinois estate tax always be paid under protest? By John R. Simpson Trusts and Estates, May 2017 In two recent circuit court cases, the Attorney General's office has argued that “Illinois law does not recognize a suit to determine Illinois estate tax as an independent cause of action.” Such an assertion goes against a century of practice and precedent.
Should Illinois real estate brokers “freak out” about Horiike v. Coldwell Banker Residential Brokerage Company et al.? (Is it a dual agency case, a disclosure case or a little bit of both?) By Betsy Urbance Real Estate Law, June 2017 Short answer: No. Read this article to understand the author's reasons.
1 comment (Most recent July 12, 2017)
Should you seek admission to practice before the Supreme Court of the United States of America? By Khara Coleman Racial and Ethnic Minorities and the Law, June 2017 There is no age requirement—admission is available to any lawyer admitted to practice in one of the United States, young or old. Each applicant must identify two sponsors who have already been admitted to the SCOTUS bar.
Sidebar on CLE at the mid-year meeting Bench and Bar, November 2017 Register now for the Joint/Midyear Meeting and participate in these complimentary CLE programs.
Simple IP evaluations By Daniel Kegan Intellectual Property, September 2017 Perspectives on evaluating intellectual property, prompted by Internet elist queries: Breach of non-compete damages, Internet domain and associated trademarks, and Seeking accountant with IP experience.
Social media and judicial ethics By Hon. Steve Pacey, (Ret). Bench and Bar, October 2017 A presence on social media poses potential disciplinary hazards for attorneys and perhaps more so for attorneys who are judges.
2 comments (Most recent October 17, 2017)
Social media and the prospective client: Avoiding the pitfalls By John Bathke Young Lawyers Division, February 2017 While having a presence on Facebook, Twitter and YouTube can help you attract new clients, remember the Rules of Professional Conduct and take the necessary precautions.
Social media as evidence? By George S. Bellas & Michael Rizo Civil Practice and Procedure, February 2017 Although the information on individual posts on social media may be used as evidence, applying evidentiary rules to social media information can be daunting. The social media information – now known as electronically stored information (ESI) – must pass the same evidentiary hurdles as any tangible document, with some additional obstacles.
Solo practice tips to remember By Letisha Luecking Orlet Law Office Management and Economics, Standing Committee on, June 2017 Eight common-sense tips to help you be a better and more successful lawyer.
Some industry help for no CGL coverage for defective construction claims By Geoff Bryce Construction Law, April 2017 The standing rule in Illinois is that there is no comprehensive general liability insurance coverage for any construction defect claim where the claim is that only the building itself was damaged.
Some insurance industry help for defective construction claims By Geoff Bryce Insurance Law, June 2017 According to current case law, the standing rule in Illinois is that there is no comprehensive general liability insurance coverage for any construction defect claim where the claim is that only the building itself was damaged.
Some thoughts on embracing technology from a virtual practitioner By Michael Brennan Legal Technology, Standing Committee on, May 2017 Embracing technology means being proactive and continually striving to make the practice of law more manageable and more responsive to client desires.
South Korea violated the Convention to Eliminate Race Discrimination by requiring HIV and drug testing of only non-Korean teachers By Mark E. Wojcik International and Immigration Law, February 2017 The case of L.G. v. Republic of Korea involved a national of New Zealand who, at the time she filed her petition, had been forced to leave South Korea and was residing in the United States.
Spotlight on ADR section member Judge Allan Goldberg (Ret.) By Sandra Crawford Alternative Dispute Resolution, November 2017 Author Sandra Crawford recently sat down with the former ISBA ADR Section Chair to learn his opinions on his career and the state of ADR today.
Spotlight on Emily Masalski By Kristen Prinz Women and the Law, December 2017 The Women and the Law Committee congratulates our past Chair, Emily Masalski for being named one of Chicago Law Bulletin’s 2017 40 Illinois Attorneys Under 40 to Watch.
Spotlight on Jewel Klein By Tracy Douglas Administrative Law, March 2017 Learn more about Administrative Law Section member Jewel Klein.
Spotlight on REM members: What a phenomenon—She never stops moving and giving! By Sharon Eiseman Racial and Ethnic Minorities and the Law, June 2017 Learn more about REM member Masah Renwick.
Spotlight on Women and the Law Member Lori G. Levin By Jessica Marshall Women and the Law, September 2017 Learn more about long-time WATL member Lori Levin.
Stanphill v. Ortberg: The need for clarity in the submission of a special interrogatory to the jury By Richard L. Turner, Jr. Civil Practice and Procedure, December 2017 Recently, in its decision in Stanphill v. Ortberg, the appellate court had an opportunity to reexamine the law in the circumstances where the general verdict appears to be in conflict with the answer to the special interrogatory submitted to the jury.
State and local tax update By David P. Dorner State and Local Taxation, June 2017 Recent tax-related updates of interest.
State employees’ statements during internal investigations may be admissible in criminal proceedings, even though compelled under threat of job loss, if self-incrimination rights later waived By John R. Schleppenbach Government Lawyers, May 2017 Though internal investigators should still take pains to avoid the appearance that they are threatening public employees with sanctions should they decline to cooperate with an investigation, the Eleventh Circuit has now provided a blueprint for investigators to obtain a waiver and use an employee’s statement even if such threats are made.
Stay or go? Ethical public service to elected leadership By Peter J. Orlowicz Government Lawyers, December 2017 What happens when the way we are directed to carry out our duties seems inconsistent with the public trust and public interest we are charged with maintaining?
Stipulation versus guilty plea: Are both admissions? By Hon. Eugene G. Doherty Civil Practice and Procedure, August 2017 It is likely that most defendants who stipulate to the underlying facts rather than pleading guilty do so on the advice of counsel, and specifically with the intention of avoiding an admission which might be used against them in a civil case. But really … can it be that easy?
2 comments (Most recent October 20, 2017)
Stock options & restricted stock in divorce cases By Lisa Nyuli Family Law, September 2017 An overview of important issues when a party has stock options.
Streamline your practice with e-signatures By Anthony Kolt Legal Technology, Standing Committee on, February 2017 As the use of e-signatures increases, so too does the need for every attorney to become acquainted with this technology.
Strict Compliance with Supreme Court Rule 191(a) is mandatory By Albert E. Durkin Bench and Bar, September 2017 On August 17, the Second District Appellate Court ruled that strict compliance with Supreme Court Rule 191(a) is mandatory and that failure to attach documents relied upon in support of a 191(a) affidavit is fatal.
Substance-over-form or just good tax planning? By Richard M. Colombik Federal Taxation, July 2017 In Summa Holdings, Inc. v. Comm’r, the 6th Circuit Appellate Court has partially put a leash on the IRS Commissioner to argue that a transaction, if done solely for income tax purposes, may be set aside on substance-over-form arguments if the transaction clearly follows the Tax Code.