In a case that has drawn national attention, the Illinois Supreme Court recently ruled that Comcast must release to the plaintiff identifying information about the till-then anonymous online defendant in a defamation lawsuit.In Hadley v. Subscriber Doe, the court considered what a plaintiff must show to compel the release of an Internet subscriber's identifying information. The court's ruling focuses on the tension between the right of an individual to speak anonymously and the "necessity" component of Illinois Supreme Court Rule 224, which allows a plaintiff to conduct discovery to identify a responsible party. It ultimately held that if a defamation claim can survive a section 2-615 motion to dismiss, then a plaintiff has demonstrated necessity sufficient to trigger Rule 224. See the August Illinois Bar Journal for more on the ruling.On August 3, On Monday, the attorney for the defendant filed a motion to stay with the U.S. Supreme Court to preserve his client's anonymity.
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August 12, 2015 |
Practice News
1 comment (Most recent August 13, 2015)
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August 12, 2015 |
Practice News
The Legislative Audit Commission will accept applications through August 19, 2015 for appointment as the Auditor General of the State of Illinois. The Auditor General is a constitutional officer charged with the audit of public funds of the State.Applicants must be experienced and competent in governmental auditing, financial management, or government operation and knowledgeable of state government. The current salary is $154,127. The present Auditor General will retire on December 31, 2015. Complete the Application for Auditor General (found at http://ilga.gov/commission/lac/lac_home.html and together with a cover letter and resume submit all materials to arrive no later than August 19, 2015 to:AuditCommission@ilga.govorLegislative Audit Commission622 Stratton BuildingSpringfield, Illinois 62706
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August 12, 2015 |
Practice News
Asked and AnsweredBy John W. Olmstead, MBA, Ph.D, CMCQ. I am the managing partner in an eight attorney general practice firm in Tulsa, Okla. A year and a half ago we hired our first legal administrator to run all business aspects of our practice. We decided that we wanted more than an office manager - we wanted an administrator to serve in the capacity of a COO. We hired an experienced administrator at a good salary, developed a well-conceived job description, and the work began. My partners and I are frustrated. We have to follow-up on projects and task assignments, do not see the leadership that we had hoped for, and have concerns that our administrator may not be up to the tasks. We just realized we have not had a performance review since he started. I would appreciate your suggestions.A. Sounds like you did a good job clarifying the role and initially laying out your expectations. However, you cannot stop there. You have not conducted a performance review and I suspect that he has received little feedback regarding his performance. During the first year feedback needs to be ongoing with a mini review every 90 days and ongoing coaching and follow-up. You need to conduct a review with him ASAP, layout expectations and compare to actual performance, discuss gaps, and reach an agreement as to a plan with milestones and dates to resolve performance gaps. Then you will have a better picture as to whether your administrator was the right hire or not.Click here for our blog on career management
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President Umberto S. Davi hosted a Past Presidents Luncheon at the Chicago Office on August 12 to present his initiatives for the year and elicit feedback as a way to improve the association.
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August 10, 2015 |
Practice News
Amendment to Supreme Court Rule 39 takes effect Sept. 1, 2015The Illinois Supreme Court has announced a rule change that will allow associate judge applicants to submit their documents electronically.The change does not require applicants to electronically submit their applications and supporting documents. The Administrative Office of the Illinois Courts (AOIC) will continue to accept paper copies of applications.“Allowing electronic applications for those seeking associate judgeships is the latest step in the Court’s continuing effort to utilize technology to make the entire judicial process more efficient and accessible," Chief Justice Rita B. Garman said."Recent applicants for vacant judgeships have told us that the current paper-based application system is cumbersome and costly, and this amendment to Rule 39 is responsive to their input. In addition, the electronic application process will benefit not only those individuals who apply for associate judgeships, but also the judges who review the applications.”Prior to the amendment, those seeking to apply for appointment to an associate judge vacancy in Illinois had to go the Supreme Court's website, download a 16-page PDF application, fill in the blanks, sign it, print it and then mail or hand-deliver two signed, original applications to the AOIC.Starting on Sept. 1, applicants will be able to electronically sign their applications and securely email them to the AOIC."By allowing an application to be electronically completed and emailed to the Administrative Office, it will streamline and improve the process for applicants; and in turn will greatly reduce the amount of paper used," AOIC Director Michael J. Tardy said.1 comment (Most recent August 13, 2015)
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August 10, 2015 |
Member Services
Lower shipping costs and a $25 gift card…just another way that ISBA and UPS can help you improve your bottom line. It pays to be a member of Illinois State Bar Association, and we’re proud to bring you another opportunity to save.Save up to 34%1, plus 50%1 off select services for up to four weeks after you enroll through the UPS® Savings Program.Receive a $25 Visa gift card2 just by enrolling and sending three qualifying air shipments or one qualifying international shipment on your account before October 31, 2015. New customers only.Sign up now to start saving!
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August 10, 2015 |
CLE
Explore the basics of operating agreements with this half-day seminar in Chicago or via live webcast on September 3, 2015 that’s designed to help newer attorneys gain a general understanding of how LLCs work! Attorneys representing business clients will often be called upon to form limited liability companies and to draft operating agreements for those entities. As such, it is important for you to understand the basic structure and key issues of operating agreements, which serve as the governing instrument between the members and managers of limited liability companies. Attorneys attending this half-day seminar will better understand: the statutory default rules of an operating agreement; what should and shouldn’t be included in the agreement; capital contributions; tax provisions, special allocation rules, Section 754 election, and alternatives to partnership tax treatments; the restrictions (if any) that are placed on the transfer of a member’s LLC interests; and much more!The program is presented by the ISBA Business & Securities Law Section and qualifies for 3.50 hours MCLE credit.Click here for more information and to register.
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August 10, 2015 |
Practice News
A U.S. federal judge has dismissed a closely-watched lawsuit that challenged New York rules that ban non-attorneys from investing in law firms. The decision supports the established ISBA position and rejects the challenge to Rule 5.4, which prohibits non-lawyer ownership of law firms.Read the full decision Jacoby & MeyersRead the BNA article here
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August 7, 2015 |
ISBA News | Member Services
The Illinois State Bar Association’s Lawyer Finder Service provides referrals to local lawyers Mondays through Fridays. The Service makes referrals in a number of areas of law. For the month of July 2015, there were 877 calls and 909 areas of law. ISBA helped people in need of legal services find lawyers in the following areas:Here are the results for July 2015:909 phone referrals made by Lawyer Finder staffMost requested areas of law: Family (156), Personal Injury (117), Criminal Law (88), Real Estate (75), Civil Disputes (73), Employment Law (65), and Estate/Probate Law (37).19,833 visits to IllinoisLawyerFinder.com (17,430 unique visitors)Want to be part of the ISBA Lawyer Finder Service? Call (800) 252-8908 and ask for the Legal Department, or visit www.illinoislawyerfinder.comClients should call (800) 922-8757.
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ISBA leaders attended the recent ABA House of Delegates meeting held in Chicago. President Umberto S. Davi, President-elect Vincent F. Cornelius, 2nd Vice President Russell W. Hartigan and Immediate Past President Richard D. Felice attended as part of the Illinois delegation headed by Past President Paula H. Holderman. Past Presidents John E. Thies and Joseph G. Bisceglia were also in attendance.