2008 Articles

401(k) Retirement fees—Are these fees being fully and properly disclosed to employers? By Jeffrey B. Feld & Theresa Piotrowski January 2008 The retirement plan market place has been abuzz with discussions regarding fees.

Additional Illinois case update By Raymond A. Fylstra March 2008 On February 7, 2008 the Illinois Supreme Court issued a notable free speech/defamation opinion,Imperial Design v. Cosmo’s Designer Direct.

Bank Directors on the hot seat By Craig McCrohon May 2008 The last 15 years have been smooth sailing for banks and their directors. Borrowers paid loans, earnings remained strong, and bank failures were almost non-existent.

Businesses should take heed of Illinois court’s novel approach to restrictive covenants By Christopher P. Keleher April 2008 Information is the lifeblood of the service profession. Companies must be vigilant in protecting knowledge and goodwill, two integral ingredients earned through the course of experience.

California Supreme Court rules to allow same-sex marriage: Decision could lead to Constitutional issues By Penny Costa & Renee Applegate June 2008 In a 4-3 decision on May 15, 2008, the Supreme Court of California held that the state’s constitution provides same-sex couples the right to marry.

Case updates September 2008 To read the full opinion of any of the cases decided in the Seventh Circuit Court of Appeals, go to http://www.ca7.uscourts.gov/. Under Case Information, choose Opinions and search by either party name or case number, both listed for the cases below.

Case updates By Frank M. Grenard March 2008 Speight v. Walters Development. Implied warranty of workmanlike construction extends to subsequent purchasers (here third owners of home) who purchased home and discovered water damage and mold that allegedly resulted from defective roof and rain gutter construction.

Comparison of a Healthcare Flexible Spending Account to a Health Savings Account By Bernard G. Peter October 2008 A Healthcare Flexible Spending Account (HCFSA) is a tax-favored program that allows employees to pay for eligible out-of-pocket healthcare expenses.

Consultant Agreement December 2008 A sample agreement for hiring a consultant.

Corporate lobbying laws in Illinois By Ryan Gammelgard November 2008 Corporations depend on building relationships with state, city, county and federal governmental officials in order to advance the policies of the organization.

Corporations can pay child support too By Michael C. Craven June 2008 Most corporate attorneys assume that divorce law has little impact on their practices.

D.C. Circuit emphasizes internal e-mails, raises doubts about Whole Foods merger By Leslie E. John & Adam M. Finkelstein September 2008 On July 29, 2008, a divided panel of the U.S. Court of Appeals for the D.C. Circuit ordered further antitrust scrutiny of the now-consummated Whole Foods Market and Wild Oats Markets merger.

Editor’s note By Michelle L. Thoma-Culver December 2008 In the spirit of the season, this issue consists of two form agreements for your reference and—if you deem satisfactory—for your use.

Editor’s note By Michelle L. Thoma-Culver November 2008 The focus of this month’s edition of The Corporate Lawyer is on matters of federal and state legislation that directly impact businesses of all types.

Editor’s note By Michelle L. Thoma-Culver September 2008 This is the first edition of The Corporate Lawyer (TCL) for which I am serving as editor.

Editor’s notes By Michelle L. Thoma-Culver October 2008 The focus of this month’s edition of The Corporate Lawyer is primarily on employment law issues faced by corporations.

EEOC issues ADA guidance on applying performance and conduct standards to employees with disabilities By Mary Theresa Metzler & Karen D. McCarthy October 2008 On September 3, 2008, the EEOC issued “a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues.”

Employers beware: Illinois gives employees ticket to take discrimination claims to state court By Ellen M. Girard February 2008 Major amendments to the Illinois Human Rights Act (“Act”) will give complainants the choice of taking their Illinois Department of Human Rights (“IDHR”) charges on to Illinois circuit courts – regardless of the outcome at the IDHR. Previously, complainants could only proceed before the Illinois Human Rights Commission (the “Commission”) – but only in cases where the IDHR found substantial evidence or did not timely complete its investigation.

ERISA fiduciaries may be sued for losses to individual accounts By David Olson April 2008 The U.S. Supreme Court has clarified that individual participants in defined contribution plans can sue under ERISA for losses to their individual accounts, caused by an alleged fiduciary breach.

Expanded FMLA coverage is effective immediately!! By Ellen M. Girard March 2008 On January 28, 2008, President Bush expanded the Family and Medical Leave Act (“FMLA”) when he signed into law the National Defense Authorization Act for Fiscal Year 2008.

Financial markets in crisis: Section-by-section analysis of the Emergency Economic Stabilization Act of 2008 By Michael Boop November 2008 Following is a section-by-section analysis of the Emergency Economic Stabilization Act of 2008 (the “Act”) as passed by the Senate, by a vote of 74-25, on October 2, 2008, including commentary from experts in Gibson, Dunn & Crutcher LLP’s Financial Markets Crisis Group.

Help eliminate poverty housing and homelessness in Illinois, and earn pro bono credit to boot By Jim McGrath January 2008 Most everyone knows about the good work done by Habitat for Humanity, but you may not know that the habitat organizations in Illinois have a need for many legal services, and many of these would be very comfortable for inside corporate attorneys to help with.

The ice person cometh By John F. Fatino January 2008 Increasingly, corporate counsel and other employment practitioners have become concerned about the enforcement activities of both the federal and state governments concerning the hiring of undocumented workers.

Illinois Appellate Court rules that restrictive covenant prohibiting real estate sales manager from soliciting former employer’s agents is not unreasonable as a matter of law By Janet V. Siegel October 2008 In Baird and Warner Residential Sales, Inc. v. Mazzone, No. 1-07-2179, the Illinois Appellate Court, First District reversed the circuit court’s determination that a restrictive covenant between Patricia Mazzone and her former employer, real estate broker Baird & Warner, was unenforceable as a matter of law.

Illinois ethics bill dramatically limits political contributions to candidates for statewide office By Michael Demetriou & Michael Zolandz November 2008 The Illinois State Legislature recently amended the Illinois Procurement Code to place new restrictions on political contributions by those that seek or secure state contracts.

Immigration Service attempts to resurrect social security no-match regulation By Grant Sovern, Lisa Duran, & Benjamin Kurten April 2008 The Department of Homeland Security’s Immigration and Customs Enforcement agency “ICE” will issue a proposed final regulation in the Federal Register.

Insurer must defend maker of lead paint-tainted toys By Laura A. Foggan & Karalee C. Morell October 2008 Last year’s massive series of recalls of children’s toys manufactured in China that contained lead paint spurred lawsuits seeking insurance coverage for losses arising out of the recalls.

Intellectual property fundamentals for corporate employees By Peter S. Trotter February 2008 Intellectual property law is the law which governs and protects things that we create with our minds.

Law Department Human Capital: Going the extra mile for in-house counsel By Bernard G. Peter September 2008 Lawyers in corporate law departments (“in-house counsel”) are different from any other employees.

New guidance on Qualified Default Investment Alternatives clarifies regulations issued in 2007 By Brian M. Pinheiro & Samantha E. Massie June 2008 The U.S. Department of Labor (DOL) recently released subsequent guidance to the final qualified default investment alternatives (QDIA) regulations that were issued in October 2007.