Articles From 2000

Illinois Supreme Court splits the baby on issue of fraudulent transfer into tenancy by the entirety By Joseph P. Chamley Commercial Banking, Collections, and Bankruptcy, April 2000 The Illinois Supreme Court has decided that pursuant to the Fraudulent Transfer Act (740 ILCS 160/1 et seq (West 1996)), a home transferred to a husband and wife in tenancy by the entirety cannot be sold to satisfy the debt of only one spouse unless the property was transferred "with the sole intent to avoid the payment of debts existing at the time of the transfer.
The Illinois Supreme Court strikes blow against the single subject rule in tax cases By Stanley R. Kaminski State and Local Taxation, May 2000 In Arangold Corp. v. Zehnder, No. 95 L 50989 (4/9/98), the Illinois circuit court struck down Public Act 89-21 (containing the Illinois Tobacco Tax) finding that Public Act contained multiple discordant provisions in violation of the Illinois Constitution's "Single Subject Rule."
Illinois unemployment insurance agency announces trucking industry audit By Dennis J. Duffy Energy, Utilities, Telecommunications, and Transportation, February 2000 In October, 1999, the Illinois Department of Employment Security (IDES) initiated a one year audit program targeting trucking companies in Illinois for compliance with the owner-operator/independent contractor employment exemption, as codified at 820 ILCS 405/212.1
Immunity from suit—personal injury Education Law, June 2000 The Illinois Appellate Court, Second District, affirmed a Lake County judge's dismissal of a personal injury claim against the Special Education District of Lake County (SEDOL") on the grounds of tort immunity.
In the absence of probable cause, can police search a vehicle after a traffic stop? By Daniel T. Gillespie Traffic Laws and Courts, July 2000 Assume that a police officer on routine patrol has stopped a motorist for a traffic violation. Absent probable cause, can the officer search the vehicle? The United States Supreme Court decided that question in Knowles v. Iowa, 119 S. Ct 484 (1998).
In the balance (TM): pending controversies Intellectual Property, June 2000 Is a consumer's copying music over the Internet lawful, as is copying television programs on videotape, or infringing, as the Recording Industry Association of America asserts in its suit against Napster.
An in-house counsel’s guide to the destruction of records By Michael Todd Scott Corporate Law Departments, July 2000 Every business has information that requires destruction. Some of this information is confidential and would be of interest to competitors, such as customer lists, price lists, sales statistics, drafts of bids and correspondence.
In-sites Government Lawyers, November 2000 As the issues regarding attorney ethics, including ethical concerns for government lawyers, have expanded over the years, the number of electronic resources for attorneys seeking guidance on ethical issues have likewise increased.
In-sites Government Lawyers, April 2000 Tracking the progress of legislation at the state and national levels is much easier today than in years past, thanks to two Websites devoted to Illinois and federal legislative matters, respectively.
Income tax analysis: C corporation retained earnings or partnership status for major investment by new partner By William A. Price Business and Securities Law, April 2000 The following is a draft letter to a client with $1 million in net earnings who is considering a joint business venture with an active investor. For discussion's sake, the investor is assumed to also have $1 million in net income from another business.
Indexes to government resources Environmental Law, June 2000 Supplies information and links pertaining to a wide range of federal government agencies and programs.
Individual income tax update By James S. Zmuda Federal Taxation, August 2000 In Notice 2000-32, 2000-26 I.R.B., the IRS issued additional guidance and relief from the rule excluding certain hardship distributions from the definition of an "eligible rollover distribution."
Individual income tax update By James S. Zmuda Federal Taxation, February 2000 The Internal Revenue Service ("IRS") has announced that for business travel after 1999, the optional mileage allowance for owned or leased vehicles will be 32.5 cents a mile.
Industrial Commission news Workers' Compensation Law, May 2000 The Industrial Commission has converted its legal sized forms to an 8-1/2" x 11" format. As of March 1, 2000, the Industrial Commission is only accepting the letter sized forms.
Injunctions in parentage cases By Gilda Hudson-Winfield General Practice, Solo, and Small Firm, November 2000 On May 30, 2000, the Illinois Appellate Court, First District, 2nd Division, in the case of In Re Parentage of Bremen Hall Melton, No. I-99-2463, issued a significant decision relative to the application of Section 501.1 of the Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/501 et seq. (West 1996) to Paternity cases under the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/1 et seq. (West 1996).
Inside Administrative Law, July 2000 This issue commences with Bob Lawley's interesting article concerning a recent Illinois Supreme Court case which liberalizes the rules applicable to a petition for reimbursement of litigation expenses filed by a private party whose lawsuit results in invalidation of an administrative rule.
Inside Environmental Law, June 2000 The lead article for this issue of the Environmental Law Newsletter is a timely and informative explanation by Illinois Lieutenant Governor Corinne Wood of the Illinois Rivers 2020 program, which is an ambitious and forward-looking initiative to improve the condition of the Illinois River Basin, a project which could have substantial economic and quality of life ramifications for the majority of Illinois citizens
Inside Environmental Law, May 2000 With this issue we present two articles concerning lead-based paint. The first is by Gaylene Vasaturo, a USEPA Region Five counsel heavily involved with lead-based paint issues.
Inside Administrative Law, April 2000 This issue of the newsletter features articles on the applicability to administrative hearings of the Fourth and Fifth Amendments to the U.S. Constitution.
Institute of Medicine, To Err Is Human: Building A Safer Health System Health Care Law, May 2000 The knowledgeable health reporter for the Boston Globe, Betsy Lehman, died from an overdose during chemotherapy.
Insurance claims procedure: When is the running of the statute of limitations not a good defense? By G. Bradley Hantla General Practice, Solo, and Small Firm, August 2000 While it is commonly believed that the running of the statute of limitations is a complete defense to any action that might have been filed by a plaintiff, this is not necessarily the case.
International and immigration law breakfast series International and Immigration Law, December 2000 The International and Immigration Law Section of the Illinois State Bar Association continues its breakfast series of seminars.
International briefings International and Immigration Law, December 2000 During the three-day annual meeting of the Organization of African Unity (OAU) accord creating an African Union was signed
International briefings International and Immigration Law, February 2000 South Africa and the European Union have finally signed a free trade agreement.
The Internet, on the lighter side and a year-end potpourri By Paul Bernstein Law Office Management and Economics, Standing Committee on, October 2000 The Internet must be a part of your law firm "arsenal." By now, you should be accessing Westlaw, Lexis, LexisONE (for free case law from the last five years and more) and the ISBA Home Page or sending email or document attachments, or collaborating with others via ListServ and/or threaded discussion groups or exploring Applications Service Providers (ASPs) to use various software products on a "rental" basis.
Introduction from the chair By Lynn Patton Government Lawyers, April 2000 Welcome to the premiere issue of the Standing Committee on Government Lawyers newsletter.
Invasion of privacy in Illinois: time for change By Martin A. Dolan Young Lawyers Division, August 2000 Peeping Toms using binoculars and the like have always and unfortunately will continue to infest our world.
Iowa Attorney General offers contract information to producers By Barbara Stille Agricultural Law, August 2000 The Iowa Attorney General recently launched a new Web site designed to assist Iowa farmers in making better contracting decisions
IP news By Daniel Kegan Intellectual Property, May 2000 Work for hire quietly altered. Patricia Felch closely read the new copyright legislation and found two important, quiet changes in Title 17
Is aggravation of a preexisting condition a separate element of damages? By Barbara A. McDonald Tort Law, June 2000 A dispute has arisen within the Illinois Appellate Court on a matter that seemingly should not be in dispute.