Section Newsletters

Articles From 2017

Enforcing a federal judgment in Illinois By Allison M. Huntley Civil Practice and Procedure, February 2017 The process of initiating formal collection efforts may be unfamiliar to some attorneys. This article provides guidance on how to begin the process.
ERA seminar By Hon. Ann Breen-Greco Women and the Law, December 2017 A recap of the Chicago Bar Association's September program.
Estate planning during dissolution proceedings By Lauren Evans DeJong General Practice, Solo, and Small Firm, August 2017 There is no limit to the estate planning vehicles that can be used during the pendency of dissolution proceedings.
Estate planning issues for divorced women By Sonia D. Coleman Women and the Law, February 2017 Even in circumstances where it is clear that divorce is the best option, it is still challenging emotionally, spiritually and financially. It is imperative for women, particularly women with assets, to seek the advice of experienced professionals for guidance through this life-changing experience.
Estate tax account transcript now formally recognized as a substitute for an Estate Closing Letter, but should you use it? By Lawrence J. Gregory Trusts and Estates, July 2017 The IRS recently issued formal guidance on the availability and use of account transcripts in lieu of an Estate Closing Letter. However, practitioners should be careful about its use.
Evolution of state policy: Future Energy Jobs Act (FEJA) By Kristin Munsch Energy, Utilities, Telecommunications, and Transportation, December 2017 The Future Energy Jobs Act, enacted in December of 2016, takes the first step towards reconciling environmental and energy policies which might conflict, such as lowering energy consumption and maintaining a robust electric distribution system.
Excesses and limited reform in the licensing of professions and occupations By William A. Price Administrative Law, September 2017 Census data for 2016 show 25% of employed persons in the US had some form of license. The regulatory policy question is: Is this a good or bad thing?
Ezekiel Elliott withdraws his appeal to the 2nd Circuit Court By Jacob Walls Alternative Dispute Resolution, December 2017 On November 15, 2017, Dallas Cowboys running back Ezekiel Elliott withdrew his appeal to the 2nd Circuit Court of Appeals for a potential preliminary injunction and will now start serving his six-game suspension for domestic violence.
Ezell v. City of Chicago: Resolving the tension between zoning of shooting ranges & the Second Amendment By Donna J. Pugh & Xenia Chiu Local Government Law, September 2017 The tension created by the duty to protect public safety and the obligation to protect individuals’ constitutional rights remains a challenge in light of Ezell v. City of Chicago, where the Seventh Circuit once again struck down Chicago’s ordinances that aim to reduce possession and use of firearms by eliminating, or discouraging, public firing ranges in the City.
Failure to file proof of service proves fatal for Circuit Court appeal By Brent Eames Workers’ Compensation Law, March 2017 The case of Springfield Coal Company, LLC v. IWCC, et al. should send a clear message to practitioners that strict compliance with section 19(f)(1) is expected by reviewing courts.
False claims and whistleblowers By Margery Newman Construction Law, December 2017 Recently, a cottage industry has arisen in the construction industry revolving around allegations that certain Disadvantaged Business Enterprises are fronts or are not performing commercially useful functions.
Familial relationship within the context of PERM Labor Certification Application By Rabindra K. Singh Employee Benefits, June 2017 When deciding whether or not to pursue and submit a Labor Certification Application on behalf of a Foreign National who happens to have a “family relationship” with the owners, stockholders, partners, corporate officers, or incorporators of the sponsoring Employer, one should take into consideration all nine factors of the “totality of circumstances” test.
The Federal Arbitration Act versus the Consumer Financial Protection Bureau: The future of arbitration clauses banning class action lawsuits By Thomas D. Cavenagh Federal Civil Practice, June 2017 Perhaps, given the precipitous decline of the number of trials taking place, we ought to begin thinking of the adversarial system as the alternative to the range of ADR processes presently available.
The Federal Arbitration Act versus the Consumer Financial Protection Bureau: The future of arbitration clauses banning class action lawsuits By Thomas D. Cavenagh Alternative Dispute Resolution, June 2017 Perhaps, given the precipitous decline of the number of trials taking place, we ought to begin thinking of the adversarial system as the alternative to the range of ADR processes presently available.
Federal Circuit clarifies injury-in-fact requirement for standing after PTAB proceedings By Kenneth Matuszewski & Isaac Rabicoff Intellectual Property, June 2017 The Federal Circuit held Phigenix did not have standing to bring its appeal, because it did not suffer an injury in fact when the Patent Trial and Appeal Board decided the inter partes review petition. 
Federal court addresses Clean Water Act jurisdiction By Errin McCaulley Environmental Law, May 2017 The case of Hawkes Co. v. U.S. Army Corps of Eng’rs, which been developing since 2010, represents one of the latest Clean Water Act cases to confront the application of the “significant nexus” test developed by Justice Kennedy in Rapanos v. United States.
Federal court addresses Clean Water Act jurisdiction By Errin McCaulley Agricultural Law, April 2017 The case of Hawkes Co. v. U.S. Army Corps of Eng’rs, which been developing since 2010, represents one of the latest Clean Water Act cases to confront the application of the “significant nexus” test developed by Justice Kennedy in Rapanos v. United States.
A fee for all or, How do I argue that my prior attorneys are entitled to twenty cents in attorney fees? By Richard D. Hannigan Workers’ Compensation Law, November 2017 Joiner v. IWCC is a must-read for attorneys representing injured workers before the Commission. It involves a case where the Claimant not only terminated one attorney but three attorneys. The last attorney was terminated nine days after she conveyed a $290,000 offer to Claimant.
A few words from the Chair By Frank V. Ariano Senior Lawyers, June 2017 A message from Frank Ariano.
2 comments (Most recent June 6, 2017)
A few words from the Chair By Erica Crohn Minchella Real Estate Law, March 2017 The ISBA's Real Estate Law Section Council was recently asked to review and take a position on Senate Bill 192.
A few words from the Chair By Frank V. Ariano Senior Lawyers, February 2017 An introduction to this issue from Section Chair Frank Ariano.
1 comment (Most recent February 9, 2017)
A few words on why lawyers still admire an Illinois lawyer named Abraham By Hon. Michael B. Hyman Bench and Bar, February 2017 No lawyer remains as popular with Illinois lawyers as Abraham Lincoln, even though Lincoln last appeared in a courtroom nearly 160 years ago.
Fifth Circuit finds state law cargo damage claims related to tank washing services preempted by Carmack Amendment By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2017 This decision in Heniff Transportation Services, LLC v. Trimac Transportation Services, Inc. will add further support to the well established authority supporting Carmack Amendment preemption of state law claims against motor carriers relating to cargo loss and damage on interstate shipments.
A final court’s not-so-final words By Matthew R. Davison Mental Health Law, June 2017 Practitioners must remember to consider other resources and authority outside of applicable case law or risk overlooking critical developments stemming from both decisions.
The final rule and other mechanisms to reduce the backlog of Medicare appeals. Will they work? By Michelle E. Lin Health Care Law, June 2017 In recent years, the Medicare appeals process has experienced an unprecedented and sustained increase in the number of appeals. A variety of factors have contributed to this and to the resulting backlog of cases. In this issue of the Health Care Lawyer, attorney Michelle E. Lin examines and explains new regulations designed to improve the appeals process making it more efficient and consistent.
Final rule on health plan nondiscrimination By William H. Mayer Employee Benefits, March 2017 Gender identity discrimination in health plans may end with the implementation of final regulations under the Patient Protection and Affordable Care Act. This article discusses the federal and state regulations as well as current litigation and other considerations affecting the availability of transgender related services.
Financial services industry responds to financial exploitation of seniors By James C. Krupp Elder Law, September 2017 The US Securities and Exchange Commission has approved a new rule proposed by the Financial Industry Regulatory Authority, Inc. to protect seniors and other specified adults from financial exploitation.
The financially distressed subcontractor on a government contract: What a prime contractor should do to protect the project and itself By Jay Bender Construction Law, October 2017 As federal regulations generally place the burden of compliance on prime contractors, a financially distressed subcontractor is a concern not only for the sub, but also for the prime contractor.
Finding the perfect pro bono opportunity By Stephanie L. Tang Young Lawyers Division, October 2017 A brief look at the types of pro bono opportunities available.
The First District affirms sanctions against a judgment debtor raising frivolous defenses By Alissa Kelso & Rodney Perry Bench and Bar, November 2017 On October 27, 2017, the Illinois Appellate Court for the First Judicial District decided Williams Montgomery & John Limited v. Bret Broaddus.