The typical settlement occurs at the end of a long day of mediation. The exhausted parties pen the basic terms in a memorandum of agreement. But unless the attorneys are careful to create an enforceable settlement agreement, a case that appears to be settled can unexpectedly spring back to life. Can a “settled” case come alive again? Sadly, yes. Failing to pound the last nail into a case’s coffin can leave enough of an opening to allow an apparently settled case to rise from the dead. Read Hon. Geraldine Soat Brown’s (ret.) and Lorence H. Slutzky’s article, “Zombie Settlements,” in May’s Illinois Bar Journal.
Illinois Bar Journal
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April 29, 2019 |
Practice News
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April 23, 2019 |
Practice News
If it’s been a few years since a personal jurisdiction issue has come across your desk, you may want to take note of a recent decision by the first district involving General Electric Co. (GE). The case of Campbell v. Acme Insulations, Inc. powerfully illustrates how Illinois courts are continuing a clear legal trend in limiting the availability of general or “all-purpose” personal jurisdiction over nonresident defendants who are sued in Illinois courts. In Eric Muñoz’s April Illinois Bar Journal article, “GE May Bring Good Things to Life, but It Does Not Bring Personal Jurisdiction in Illinois, ” Muñoz, a partner at Scandaglia Ryan, shows, in light of Campbell, how non-Illinois-based companies, with significant and longstanding business and financial contacts in Illinois, like GE, may be unamenable to general jurisdiction in the state. Counsel on both sides of potential litigation would be well-served to appreciate the implications of this important legal trend in personal jurisdiction caselaw and to be prepared to aggressively incorporate these developments into their litigation and defense practices.
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April 15, 2019 |
Practice News
A judgment is entered as to part of your case, but other matters still remain. Can you appeal? The answer is “yes” under Illinois Supreme Court Rule 304(a), but only if you follow the guidelines set forth in Don Sampen’s April Illinois Bar Journal article, “How to Appeal Final Judgments in Ongoing Litigation.”
Sampen, a partner at Clausen, Miller P.C., has argued cases in the Illinois Supreme Court and all appellate districts, appellate courts in four other states, and in six U.S. courts of appeal. He cautions that while “Illinois Supreme Court Rule 301 begins: ‘Every final judgment of a circuit court in a civil case is appealable as of right,’ the statement is deceptively simple. While final judgments may be appealable as of right, in Illinois they are not necessarily immediately appealable upon entry. Where a final judgment is entered as to fewer than all parties or claims, one must look to Rule 304(a) to determine appealability.”
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April 8, 2019 |
Practice News
As financial exploitation of the elderly becomes a growing social concern, estate planners have a responsibility to address the issue. In their April Illinois Bar Journal article, “It’s Not All About Death and Taxes: Preventing Elder Financial Exploitation Through Estate Planning,” Darcy J. Chamberlin and Janna S. Dutton review trust and estate issues involved in exploitation of the elderly and suggest provisions that can be used to protect clients whose quality of judgment may be declining. Chamberlin and Dutton look beyond our role as document creators and provide practical guidance on how best to protect our impaired clients from con artists, bad trustees, and untrustworthy relatives.
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March 25, 2019 |
Practice News
In a profession that requires people to argue all day, in an era when arguing easily turns to shouting, it’s time for some self-reflection. April’s Illinois Bar Journal asks judges throughout the state and at all levels whether we’re all doing enough to keep calm. It turns out things aren’t all that bad, even if we can always do better.
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March 18, 2019 |
Practice News
In 2015, the first district significantly expanded the attorney-litigation privilege, finding that it immunized attorneys from claims in addition to defamation and, in addition to an attorney's communications, protected an attorney's conduct. While it is axiomatic that "with great power comes great responsibility," Amanda Hamilton notes in March's Illinois Bar Journal that "recent expansions of the attorney-litigation privilege demonstrate why attorneys must be increasingly vigilant in their commitment to ethical principles to ensure they do not abuse their power."
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March 11, 2019 |
Practice News
Recent plea-bargaining related decisions in the U.S. and Illinois Supreme Courts have complicated the landscape for ineffective-assistance-of-counsel claims brought in the state. With various tests for ineffective assistance now in tension, questions may become more difficult to resolve when such tests can be applied to the same case. In his March 2019 Illinois Bar Journal article, “Would’ve, Could’ve, Should’ve: Ineffective Assistance of Counsel and Plea Bargaining in Illinois,” Nate Niemann traces the developments leading to the U.S. Supreme Court’s decision in Lee v. United States and the Illinois Supreme Court’s in People v. Brown.
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March 4, 2019 |
Practice News
Effective Jan. 1, 2019, Illinois employers are required to reimburse employees for expenses incurred while performing their jobs. This new requirement is an amendment to the Illinois Wage Payment and Collection Act. Failure to comply with the new law can result in damages equal to the reimbursement amount, a 2-percent penalty for each month the expenses were not paid, and attorneys’ fees and costs incurred by the employee. In her article, “To Pay or Not to Pay: Should You Reimburse Your Employee’s Expenses?,” business and employment law attorney Helen Bloch provides practical takeaways and advice for ensuring you and your clients are complying with the new requirement.
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February 25, 2019 |
Practice News
No time-management system magically, and overnight, turns you into a lean, mean, efficiency machine. But becoming more productive also doesn’t require mastering every page of a two-inch-thick time-management manual. Instead, try acquiring a single new skill and developing it over time, says Affinity Consulting partner Paul Unger in the Illinois Bar Journal’s March cover story, “Manage Your Time, or It Will Manage You.” In the article, Unger, who will be the featured speaker at the ISBA Solo & Small Firm Practice Institute on March 15 in Springfield, where he will present on time management, declutters the topic and also recommends his favorite best practices and methods.
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February 19, 2019 |
Practice News
Blockchain may dramatically reduce the cost of processing mortgage applications and provide for transparent, secure transactions and efficient recordkeeping. But the strengths and limitations of blockchain should be better understood before replacing a title system that has been in place for more than 140 years in Illinois, argues Paul Peterson in his February 2019 article, “Problems Blockchain Doesn’t Solve,” for the Illinois Bar Journal. Peterson, vice president and senior underwriter for the Fidelity Family of Title Insurers, vice-chair of ISBA's Construction Law Section Council, and a member of ISBA's Real Estate Law Section Council, outlines record-validating problems that blockchain technology has yet to crack.