The Corporate Lawyer

The newsletter of the ISBA’s Corporate Law Departments Section

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2006 Articles

2006 year-end reminder of required or suggested employee benefits action By Bernard G. Peter November 2006 The following is a list of employee benefits plan items on which employers need to or should consider taking action prior to the end of 2006.
Appellate Court rules insurance exclusions ambiguous By Raymond A. Fylstra September 2006 In Pekin Insurance Company v. Miller, No. 1-05-4086 (1st Dist. Aug. 8, 2006), a case of first impression in Illinois, the First District Appellate Court has held that exclusions j(5) and j(6) in the standard Comprehensive General Liability (CGL) insurance policy are ambiguous.
Buying back your own trademark: The reality of cybersquatting By Christopher J. Schafer July 2006 Once seen as “entrepreneurs” in the early days of internet, cybersquatters now violate government regulations.
Court of Claims in CSX case would still exempt a limited category of separation payments from FICA taxes By Steven A. Seelig July 2006 A recent supplemental opinion issued in the case of CSX Corp. v. United States draws some very fine lines around those separation payments that are exempt from FICA tax payments.
Do you know and practice the Upjohn warning? By Peter LaSorsa March 2006 In 1981, the United States Supreme Court, in Upjohn Co. v. United States, outlined important criteria for corporate counsel to utilize when determining the applicability of attorney-client privilege in connection with interviewing an employee of the corporation.
Early warning or too late: New development ordinances are in your future By Frank M. Grenard August 2006   While there are a number of requirements and volumes of regulations, the ones that this article intends to address are those which mandate the MS4s to enact ordinances which have an impact on property development and use.
“Eek” and its not even Halloween: The new world of federal “e-discovery” By Frank M. Grenard September 2006 December 1, 2006 is fast approaching and with it the much anticipated and feared modifications to the Federal Rules of Civil Procedure which will formalize the process of mining “e-data.”
Employers should really think about adding Roth 401(k) accounts to plan By Scott E. Galbreath October 2006 As of January 1, 2006, 401(k) plans can offer participants the option of contributing part of their compensation on an after-tax basis into a Roth 401(k) account.
Gray market raises concern among U.S. supply chain participants By Frederic Mendelsohn October 2006 Unlike the “black market,” where transactions are truly illegal, “gray market” transactions may or may not be illegal, but merely “unauthorized” by the manufacturer.
HSA/FSA grace period guidance restricts employer options but provides limited transition relief By Sharon R. Cohen February 2006 In Notice 2005-86, the IRS clarifies the effect of a health flexible spending account (FSA) grace period on health savings accounts (HSAs).
IRS issues proposed regulations on employer-comparable contributions to HSAs By Sharon R. Cohen February 2006 The IRS has proposed the first regulations on health savings accounts, which generally follow the comparability guidance issued in previous notices.
Members’ derivative rights on behalf of Illinois not-for-profit corporations By R. Stephen Scott January 2006 With many organizations today operating as not-for-profit corporations, questions often arise about members of NFPs asserting rights in the nature of derivative rights of shareholders of business corporations.
SEC proposes new disclosure rules for executive compensation By Steven A. Seelig June 2006 Under the Securities and Exchange Commission’s recent proposal, companies would have to disclose far more detail about the pay and perks provided to named executive officers.
The Series LLC—a brief update By Frank M. Grenard April 2006 In July of 2005, Illinois became the fourth state to allow the formation of a unique limited liability company, one whose usefulness is still unresolved.
Some employers finding relief from rising health care costs, according to NBGH/Watson Wyatt Survey July 2006 Escalating increases in health care costs in recent years have wreaked havoc on companies’ compensation budgets, often holding pay and other perks hostage.
Summary of Pension Protection Act of 2006 By Bernard G. Peter November 2006 On August 17, 2006, President Bush signed into law the Pension Protection Act of 2006 (Act). All qualified retirement plans [i.e., plans that are established in accordance with the provisions of Section 401 of the Internal Revenue Code (Qualified Plans)] will be impacted in some way.
Supreme Court expands categories of conduct that rise to retaliation claim under Title VII By Peter LaSorsa August 2006 On June 22, 2006 the United States Supreme Court issued a decision that corporations should pay particular attention to regarding employment law.
Sweepstakes and promotions: The fine art of the fine print By Dina Ross September 2006 If your organization is planning to hold a sweepstakes or promotional giveaway, especially if you intend to hold it online, don’t forget the fine print. Sweepstakes and promotions are heavily regulated by federal and state laws and the Federal Trade Commission.
Sweepstakes and promotions: The fine art of the fine print By Dina Ross May 2006 If your organization is planning on holding a sweepstakes or promotional giveaway, especially if you intend to hold it online, don’t forget the fine print.
Tax and estate planning for year-end and looking ahead to 2007 By Karen MacKay & Gregory M. Winters December 2006 A summary of some of the more noteworthy changes to the tax law over the past year, along with planning opportunities you might consider prior to year-end. 
Ten suggested steps to ensure cost-effective e-discovery preparedness By Sonya D. Naar & R. Matthew Hiller November 2006 The amendments to the discovery provisions of the Federal Rules of Civil Procedure, which deal primarily with how electronically stored information (“ESI”) is to be handled by parties to federal litigation, are set to take effect on December 1, 2006.
Top 10 things all corporate counsel should know about the amendments to the Federal Rules of Civil Procedure By Sonya D. Naar & R. Matthew Hiller October 2006 On December 1, 2006, significant amendments will occur to the Federal Rules of Civil Procedure (the “Rules”) concerning electronically stored information (“ESI”) and how issues concerning discovery of ESI are to be handled by parties to federal litigation.