Illinois Supreme Court splits the baby on issue of fraudulent transfer into tenancy by the entiretyBy Joseph P. ChamleyCommercial Banking, Collections, and Bankruptcy, April 2000The 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 casesBy Stanley R. KaminskiState and Local Taxation, May 2000In 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 auditBy Dennis J. DuffyEnergy, Utilities, Telecommunications, and Transportation, February 2000In 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 injuryEducation Law, June 2000The 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. GillespieTraffic Laws and Courts, July 2000Assume 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 controversiesIntellectual Property, June 2000Is 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 recordsBy Michael Todd ScottCorporate Law Departments, July 2000Every 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-sitesGovernment Lawyers, November 2000As 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-sitesGovernment Lawyers, April 2000Tracking 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.
Indexes to government resourcesEnvironmental and Natural Resources Law, June 2000Supplies information and links pertaining to a wide range of federal government agencies and programs.
Individual income tax updateBy James S. ZmudaFederal Taxation, August 2000In 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 updateBy James S. ZmudaFederal Taxation, February 2000The 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 newsWorkers’ Compensation Law, May 2000The 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 casesBy Gilda Hudson-WinfieldGeneral Practice, Solo, and Small Firm, November 2000On 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).
InsideAdministrative Law, July 2000This 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.
InsideEnvironmental and Natural Resources Law, June 2000The 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
InsideEnvironmental and Natural Resources Law, May 2000With 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.
InsideAdministrative Law, April 2000This issue of the newsletter features articles on the applicability to administrative hearings of the Fourth and Fifth Amendments to the U.S. Constitution.
International and immigration law breakfast seriesInternational and Immigration Law, December 2000The International and Immigration Law Section of the Illinois State Bar Association continues its breakfast series of seminars.
International briefingsInternational and Immigration Law, December 2000During the three-day annual meeting of the Organization of African Unity (OAU) accord creating an African Union was signed
International briefingsInternational and Immigration Law, February 2000South Africa and the European Union have finally signed a free trade agreement.
The Internet, on the lighter side and a year-end potpourriBy Paul BernsteinLaw Office Management and Economics, Standing Committee on, October 2000The 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 chairBy Lynn PattonGovernment Lawyers, April 2000Welcome to the premiere issue of the Standing Committee on Government Lawyers newsletter.
Invasion of privacy in Illinois: time for changeBy Martin A. DolanYoung Lawyers Division, August 2000Peeping Toms using binoculars and the like have always and unfortunately will continue to infest our world.
IP newsBy Daniel KeganIntellectual Property, May 2000Work for hire quietly altered. Patricia Felch closely read the new copyright legislation and found two important, quiet changes in Title 17
