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Articles From 2007

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Correspondence from Our Readers April 2007 Column, Page 166 Keep morals in divorce practice.
Correspondence from Our Readers March 2007 Column, Page 114 Series LLC Pitfalls.
Correspondence from Our Readers January 2007 Column, Page 6 Don't be afraid to substitute judges.
Court holds “any and all damages” language key to indemnification clause’s unambiguity May 2007 Illinois Law Update, Page 236 On March 8, 2007, the decision of the Circuit Court of Cook County was affirmed by the Illinois Appellate Court, First District. 
Court must assess best interests of child in considering contested removal agreement May 2007 Illinois Law Update, Page 236 On March 8, 2007, the Illinois Appellate Court, Second District, reversed and remanded the decision of the Circuit Court of Lake County granting the petitioner's motion to dismiss the respondent's petition to enjoin removal of the parties' daughter Caylee. 
Court shows great deference to commission’s decisions in workers’ compensation cases June 2007 Illinois Law Update, Page 292 On March 22, 2007, the Illinois Supreme Court affirmed the appellate court's holding that the findings of the Illinois Industrial Commission (Commission) in a worker's compensation action were not against the manifest weight of the evidence.
Court upholds support-arrearage payments at 60 percent of income By Helen W. Gunnarsson September 2007 LawPulse, Page 454 The third district upheld a ruling requiring an obligor to pay 60 percent of his income to pay off a child-support/maintenance arrearage totaling more that $200,000.
A Creditor’s Guide to Article 9 UCC Compliance By Michael L. Weissman April 2007 Article, Page 188 Here's what recent cases have to say about attachment and perfection pitfalls and other issues important to secured creditors.
Criminal defendants must be informed of right to counsel, Campbell says By Helen W. Gunnarsson January 2007 LawPulse, Page 8 A defendant's waiver of right to counsel was ineffective because the trial judge didn't inform him of the nature of the charges, the range of penalties, or his right to a lawyer.
CSI, Judge Judy and Civic Education By Joseph G. Bisceglia October 2007 Column, Page 508 Public fascination with the justice system gives lawyers an opening to teach lay people about the law.
Davis v Washington Narrows the Scope of “Testimonial” Hearsay By Howard W. Anderson, III October 2007 Article, Page 546 Prosecutors can't introduce "testimonial" hearsay unless the defendant had a chance to cross-examine the unavailable declarant. Davis tells us when a statement is not "testimonial."
A Day for Justice By Irene F. Bahr May 2007 Column, Page 228 Raising awareness about judicial independence is more important than ever.
Day laborers protected under Minimum Wage Law -PA 094-1102 May 2007 Illinois Law Update, Page 236 The Illinois General Assembly (Assembly) has amended the Minimum Wage Law in order to protect the interests of day laborers and other short term employees. 
Deductions disallowed for transaction expenses between a taxpayer and certain persons February 2007 Illinois Law Update, Page 72 The Illinois Department of Revenue has added a new section to 86 Ill Adm Code 100.
Defamation per se of candidate requires more than mean-spirited hyperbole January 2007 Illinois Law Update, Page 14 The Illinois Appellate Court, Fifth District, recently affirmed the decision of the Circuit Court of Madison County, dismissing a defamation action brought by Maag, a judge in a retention election. 
Defining a Child-Support Payor’s “Net Income” By Gregory C. Maksimuk September 2007 Article, Page 478 What constitutes "net income" for purposes of calculating a payor's child-support obligation? A look at the cases.
Definition of neglected child expanded. PA 095-0443 November 2007 Illinois Law Update, Page 576 The Illinois General Assembly has amended Section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3. 
Deposition cross must remain within scope of direct May 2007 Illinois Law Update, Page 236 On January 23, 2007, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Coles County, finding the circuit court had not abused its discretion in disallowing certain portions of deposition testimony offered by the defendant.
DHS staff must now report elderly self-neglect August 2007 Illinois Law Update, Page 404 89 Ill Adm Code 10, "General Administrative Provisions," has been amended to add self-neglect to the list of elder abuse and neglect that department staff must report to the Department on Aging within 24 hours of discovery. 
Disciplining Attorneys and Other FLSA-Exempt Employees for Attendance Problems By Jon D. McLaughlin November 2007 Article, Page 600 Suppose your associate or paralegal shows up late for work. Can you dock her pay without transforming her fram an exempt to a nonexempt employee under the Fair Labor Standards Act?
Does the LLC Make the Illinois Close Corporation with S Election Obsolete? By Gail Petravick and Coleen Troutman October 2007 Article, Page 532 The LLC has many benefits and few negatives for closely held businesses. Will it make the Subchapter S election obsolete?
Does your order of dismissal do the job? By Helen W. Gunnarsson July 2007 LawPulse, Page 342 Case law from the United States Supreme Court and the seventh circuit interpreting the federal rules can make it hard for settling parties to draft orders of dismissal that allow the judge to retain jurisdiction.
Don’t Take Sides in a Divorce By H. Joseph Gitlin January 2007 Column, Page 48  Lawyers serve their clients best when they are objective advocates, not sympathizing moralists.
Drafter beware By Helen W. Gunnarsson December 2007 LawPulse, Page 622 When it comes to drafting agreements for deed in lieu of foreclosure, you can’t be too careful.
The Dream and the Dreamkeeper(s) By Irene F. Bahr March 2007 Column, Page 116 Lawyers stand at the gates to challenge tyranny and abuse of power.
E-Discovery in Illinois Civil Actions By Professor Jeffrey A. Parness March 2007 Column, Page 150 Wholesale adoption of federal discovery rules by Illinois State courts may be unwise.
E-mail Ethics: An Audience with the Wizard By Karen Erger October 2007 Column, Page 552 Find out what to do if you misdirect an e-mail or reveal embarrassing metadata.
eDiscovery: A New Approach to Discovery in Federal and State Court By Scott A. Carlson and Ronald L. Lipinski April 2007 Article, Page 184 Changes in technology have altered the way lawyers deal with evidence. The electronic-discovery amendments to the federal rules reflect these changes.
Employers win pay-disparity case in Supreme Court By Helen W. Gunnarsson August 2007 LawPulse, Page 398 In Ledbetter, the Supreme Court rules that Title VII's filing deadline bars employment discrimination claims based on decisions that occurred outside the limitations period, even if the employee's current pay is lower because of the decisions.
Estate Planning for the Rest of Us By Helen W. Gunnarsson October 2007 Article, Page 520 Most people don't have estates large enough to owe tax when they die. But they still need estate-planning advice.