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Cracking Open the Corporate Coffers

Posted on August 12, 2019 by Rhys Saunders

Unclear Seventh Circuit precedent and conflicting district court opinions have left unresolved whether corporate financial information is discoverable in relation to a punitive-damages claim in federal court. In his August 2019 Illinois Bar Journal article, “Cracking Open the Corporate Coffers,” Thomas A. Drysdale, a chambers law clerk to the Hon. Eric I. Long of the Central District of Illinois, argues that corporate wealth is discoverable, analyzes its admissibility, and proposes a solution to resolve the tension between the relevancy and admissibility questions.

Illinois Department of Central Management Services Seeks Public Service Administrator

Posted on August 8, 2019 by Rhys Saunders

The Illinois Department of Central Management Services is seeking a public service administrator in Springfield.

Responsibilities of the position include performing technical and legal work in the areas of labor agreements and arbitration as a representative of the department; representing the state in arbitration hearings and before the Illinois Labor Relations Board; reviewing resolutions and disciplinary actions and recommending approval or denial; writing memoranda of law and legal opinions; researching issues pertaining to labor relations; representing the department regarding union petitions of classifications into the bargaining unit; and performing a variety of special projects as assigned.

Using Another State’s Laws to Your Advantage

Posted on August 5, 2019 by Rhys Saunders

It should go without saying that most attorneys will apply Illinois law to personal injury lawsuits filed in Illinois courts. But if you could rely on another state’s laws that favor your client on a substantive legal issue, why wouldn’t you? What if it would mean the difference between a multi-million-dollar verdict and a statutory cap on damages? Or, maintaining a valid cause of action versus facing a motion to dismiss for failure to state a claim? In his August 2019 Illinois Bar Journal article, “Using Another State’s Laws to Your Advantage,” civil litigation defense attorney Dustin Karrison examines how Illinois courts make choice-of-law determinations in personal injury cases when Illinois’ laws conflict with laws from another state.

CLE: UCC—Collateral Liquidation

Posted on August 5, 2019 by Rhys Saunders

Join us online from noon until 1 p.m. Thursday, Sept. 12 to enhance your knowledge on what the Uniform Commercial Code does and doesn’t mandate on the liquidation of collateral, the legal issues involved, and what happens if the liquidation isn’t commercially reasonable. Attorneys with basic practice experience who are responsible for the lawfully correct disposition of UCC-style collateral who attend this seminar will better understand: the need to confirm the borrower's default; the secured party’s obligations on debtor’s default; how to take possession of collateral; the debtor’s right to redeem collateral; the procedures for full and partial foreclosure; how and when to give notice of sale; the differences between a public or private sale; knowing when a sale is commercially reasonable; the application of sale proceeds; and the legal effects of a sale.

John B. Kincaid 1938-2019

Posted on August 5, 2019 by Rhys Saunders

On Aug. 3, 2019, John B. Kincaid, loving husband and father of three daughters, passed away at the age of 80.  John was born on Aug. 25, 1938, in Hinsdale, to Marguerite Donahue and Cecil Kincaid. 

On Jan. 8, 1966, he married Sharon Louise Middleton. They raised three daughters, Stacy (Heesen), Sarah (Gillotti), and Tara (Schreiner). He received his law degree from Chicago-Kent Law School in 1963 and practiced civil law for almost 60 years, most notably at Mirabella, Kincaid, Mirabella & Frederick in Wheaton, Illinois. 

Quick Take on Illinois Supreme Court Opinion Issued Thursday, August 1

Posted on August 1, 2019 by Rhys Saunders

The Illinois Supreme Court handed down one opinion on Thursday, Aug. 1. In People v. Johnson, the court held that the act of shoplifting could be prosecuted as burglary as opposed to retail theft. 

People v. Johnson

By Kerry J. Bryson, Office of the State Appellate Defender

In July 2014, Darren Johnson and another man entered the Rock Falls Walmart, placing two backpacks on top of a coin counting machine in the vestibule on their way into the store. Inside, they gathered some items of clothing and then, without paying for the clothing, returned to the vestibule, retrieved the backpacks, and loaded the clothing into the backpacks. They repeated this process a second time. A customer called the police, and Johnson was stopped outside of the store. Johnson admitted stealing the clothing, telling the police it was for his daughter.

Illinois Supreme Court Assigns Coghlan as First District Appellate Court Justice

Posted on July 31, 2019 by Rhys Saunders

Judge Mary Ellen Coghlan has been assigned as an appellate court justice in the First District. 

Judge Coghlan was assigned to fill the opening created by the retirement of Appellate Justice Mary Anne Mason. The assignment of Judge Coghlan takes effect on July 30, and will remain in effect until further order of the court. 

Practice HQ Resource: Six-Step Ransomware Defense

Posted on July 30, 2019 by Rhys Saunders

Law firms often make easy targets for ransomware attacks.

The primary reason is that firms are late to the security game. Criminals target firms with ransomware because they have low security, very sensitive data, and will pay to keep it.

Quick Takes for Your Practice: How to Write an Enforceable Judgment Order

Posted on July 30, 2019 by Rhys Saunders

Attorney Robert Markoff discusses how to write an enforceable judgment order.

CLE: Third Annual Abraham Lincoln's Legacy—Lessons for Today's Lawyers

Posted on July 29, 2019 by Rhys Saunders

In 1857, Abraham Lincoln was the defense attorney for Melissa Goings, who was charged with the murder of her husband, Roswell Goingsa 77-year-old man with a reputation for heavy drinking and spousal abuse. The abuse led to a tragic ending when, according to Melissa, Roswell tried to strangle her and she defended herself by striking him with a piece of firewood. Roswell died of the resulting skull fracture four days later. On the first day of trial, Lincoln conferred with Melissa during a break, but when court resumed, Melissa was nowhere to be foundand was never seen again in Metamora. When asked if he knew anything about her absence, Lincoln allegedly quipped that “she wanted to know where she could get a good drink of water and I told her there was mighty good water in Tennessee!” Don’t miss this full-day seminar from 8:45 a.m. until 4 p.m. Friday, Sept. 6 that examines the Melissa Goings case in the very courthouse where Lincoln was present.