Publications

Articles From 2005

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Beneficial interest in land trusts and controlling interests in real estate entities are now taxable under the Real Estate Transfer Tax

January
2005
Illinois Law Update
Page 14
The Department of Revenue recently adopted amendments to the Real Estate Transfer Tax, 86 Ill Adm Code 120. Effective October 13, 2004, the changes affect sections 120.5, 120.10, and 120.20 of the code. 

Books in Space – Online Versions of Print Publications

By Thomas Keefe
January
2005
Column
Page 42
Your familiar print resources are probably online, where they're more powerful than ever.

Boundaries set for use of administrative leave

October
2005
Illinois Law Update
Page 506
The Department of Central Management Services ("Department") has amended Part 302 of Title 80 to clearly outline proper use of administrative leave. 

A bouquet of business-friendly bills

By Helen W. Gunnarsson
September
2005
LawPulse
Page 438
Thanks to the Illinois General Assembly, purveyors of business advice have good news to deliver to their clients.

Business acts amended for improved consumer protection - PA 093-0950

July
2005
Illinois Law Update
Page 336
The Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505) consists of modified stipulations concerning automatic contract renewals.

Business Buyers’ and Sellers’ Guide to Reducing Taxes on Goodwill and Covenants Not to Compete

By William B. Fox
January
2005
Article
Page 34
Business sellers and buyers often allocate a portion of the sale price to these intangible assets – here's how to reduce taxes in the process.

Business Corporation Act revised for greater shareholder attendance PA 094-0655

November
2005
Illinois Law Update
Page 564
The Business Corporation Act of 1983 (Act), 805 ILCS 5/1.01 et seq, confers much discretion regarding the location of shareholder meetings.

Business Succession Planning: Lessons from True, Blount and Smith

By David Berek
February
2005
Column
Page 94
The IRS is taking a harder look at how the parties to buy-sell agree-ments for closely held businesses are calculating fair-market value.

A Busy Year, With a Little Help From Our Friend

By Robert K. Downs
December
2005
Column
Page 612
Much has been accomplished, and we still have half a year to go.

Changes made to fee structure for processing requests for conviction information

December
2005
Illinois Law Update
Page 622
The Illinois Department of State Police has recently amended Part 1215 of Title 20, 20 Ill Adm Code 1215, regarding fees for processing electronic requests and requests for conviction information.

A charge of fleeing or attempting to elude a police officer does not require proof that the officer activated a siren or horn to pull over the defendant

July
2005
Illinois Law Update
Page 336
On May 6, 2005, the Illinois Appellate Court, Second District, affirmed in part, vacated in part, and remanded a decision of the Lake County Circuit Court convicting the defendant of various charges relating to his arrest for speeding and possession of illegal substances.

A Chat with the Chief

By Helen W. Gunnarsson
September
2005
Article
Page 450
New Illinois Supreme Court Chief Justice Thomas shares his views on civility, mandatory CLE, and more.

Check the Web before drafting jury instructions

By Helen W. Gunnarsson
October
2005
LawPulse
Page 498
The chair of the supreme court's jury instructions committee advises litigators to check the court's website for revised IPI instructions.

Child counseling amended in IMDMA PA 094-0640

November
2005
Illinois Law Update
Page 564
In an effort to provide better representation for children in custody actions, section 506 of the Illinois Marriage and Dissolution of Marriage Act (Act), 750 ILCS 5/101 et seq.

Child Curfew Act amended - PA 093-1092

June
2005
Illinois Law Update
Page 280
On March 29, 2005, the Illinois legislature amended The Child Curfew Act, 720 ILCS 555, and adopted precise definitions confining the activities of youth outside the home to specified time parameters, while recognizing viable defenses to violations and guiding actions of enforcement.

The Child’s Representative Law After In re Marriage of Bates

By Rebecca J. Whitcombe
January
2005
Article
Page 26
This supreme court case from a few weeks ago casts a cloud on the law's future.

Child’s Representative Statute Held Unconstitutional

By H. Joseph Gitlin
April
2005
Column
Page 212
The implications of In re Marriage of Bates.

Circular logic

By Helen W. Gunnarsson
August
2005
LawPulse
Page 382
Revised IRS Circular 230 requires lawyers and others who offer tax advice to take extra care and additional steps. Some lawyers think it goes too far.

Citations Versus Non-Wage Garnishments: Which is Right for Your Collection Case?

By Michael G. Cortina
July
2005
Article
Page 362
This article discusses the two principal devices for reaching a judgment debtor's assets held by banks and other non-employer third parties.

Closing meetings: How “probable” must litigation be?

By Helen W. Gunnarsson
September
2005
LawPulse
Page 438
A recent case limits the threatened-litigation exception to the Open Meetings Act.

Collaborative divorce

By Helen W. Gunnarsson
November
2005
LawPulse
Page 558
It isn't mediation, but it can minimize the conflict in divorce, proponents say. Find out why collaborative divorce is on the rise in Illinois.

Collection agencies may not collect fees to recover child support payments - PA 093-0896

June
2005
Illinois Law Update
Page 280
A collection agency may not impose a fee or charge, including costs, for any child support payments collected through the efforts of a federal, state, or local government agency.

Consumer expectations used to determine if product unreasonably dangerous

October
2005
Illinois Law Update
Page 506
On June 30, 2005, the Illinois Appellate Court, First District, affirmed in part and reversed in part the decision of the Circuit Court of Cook County granting summary judgment in favor of the defendant.

Consumer Fraud and Deceptive Business Practices Act amended for added consumer protection - PA 094-0074

September
2005
Illinois Law Update
Page 446
The Consumer Fraud and Deceptive Business Practices Act (Act) (815 ILCS 505/1 et seq) has been altered in an effort to provide heightened protection to the credit information of Illinois consumers.

Contempt Proceedings in Divorce

By H. Joseph Gitlin
July
2005
Column
Page 368
A thumbnail sketch of contempt proceedings in Illinois.

Contract Reformation - the Remedy When the Writing is Wrong

By Hal R. Morris
November
2005
Article
Page 584
  What if the parties reached an agreement but the writing that supposedly records it is wrong? That's where contract reformation comes in.  

Convicted felon forfeits only those benefits related to the felony and his or her employment

December
2005
Illinois Law Update
Page 622
On October 6, 2005, the Illinois Supreme Court affirmed the judgment of the Illinois Appellate Court, First District, which held that the petitioner had a right to all of his municipal pension funds that were unrelated to a prior felony conviction.

Corporate officers not personally liable for employee vacation, severance pay

By Helen W. Gunnarsson
December
2005
LawPulse
Page 614
The Illinois Supreme Court ruled that officers and directors aren't liable under the Illinois Wage Payment and Collection Act for employees' unpaid vacation time and severance pay.

Correspondence from Our Readers

November
2005
Column
Page 554
Poor lawyer image - incivility not the culprit? Mediator as peacemaker.

Correspondence from Our Readers

October
2005
Column
Page 494
Proving irreconcilable differences.

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