Section Newsletters

Articles From 2000

Timeliness of an appeal from an administrative review decision Administrative Law, July 2000 In most cases, there is no question as to whether a particular order issued by an administrative agency is final and appealable.
Timeliness of petition for administrative review Administrative Law, May 2000 Following the issuance of an arbitrator's decision denying Campbell-Peterson's workers' compensation claim, the employer moved to correct clerical errors that had resulted in the omission of certain information.
TITLE IX ­ Sex equity in athletics Education Law, June 2000 Illinois State University's elimination of its men's wrestling and soccer teams as the means to comply with Title IX was permissible according to the Seventh Circuit Court of Appeals.
To our readers Employee Benefits, December 2000 The theme of the second newsletter of the 2000-2001 term addresses the subject of the Employee Benefits Section Council, our purpose, and our resources that are available to members of the section and members of the Illinois State Bar Association.
To our readers Employee Benefits, November 2000 The theme of the first newsletter of the 2000-2001 term addresses the subject of employee benefits for domestic partners ("domestic partners").
To our readers Employee Benefits, May 2000 The theme of the final newsletter for the 1999-2000 term addresses employee benefit plans for tax-exempt associations.
To our readers Employee Benefits, April 2000 The Employee Benefits Section Council has compiled a ten-year index of our newsletters from 1989 to 1999, sorted by topic.
To our readers Employee Benefits, February 2000 Continuing our theme of ESOPs, this follow-up newsletter focuses on the fiduciary issues applicable to ESOPs.
To our readers Employee Benefits, January 2000 The theme of our next two issues of the Employee Benefits Newsletter will be ESOPs.
To share or not to share By James Bumgarner Legal Technology, Standing Committee on, October 2000 Would you like to share the files and programs on your computer with millions of other computers? J
Top partners in law firms must use computers By Paul Bernstein Law Office Management and Economics, Standing Committee on, February 2000 It amazes me, even at this late date, that there are so few lawyers in leadership positions who are actively using computer technology.
Tort immunity and the Human Rights Act By James E. Schrempf Local Government Law, August 2000 An interesting question not yet definitively determined is whether municipalities are entitled to the protection afforded by the Illinois Local Government and Governmental Employees Tort Immunity Act (hereinafter referred to as the Illinois Tort Immunity Act), 745 ILCS 10/1 et seq., in complaints under the Illinois Human Rights Act.
The Tradition of Excellence Award applicants sought By Donald A. LoBue General Practice, Solo, and Small Firm, April 2000 The General Practice Section has established a Tradition of Excellence Award. All lawyers licensed to practice law in Illinois, including sitting or retired judges, are eligible.
Transfers to trust not included in gross estate Federal Taxation, February 2000 The Ninth Circuit has reversed a Tax Court decision and held that property transferred by a decedent was excludable from his gross estate pursuant to IRC 2036(a).
Transportation law significance of negligent hiring claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2000 The Illinois Appellate Court's recent decision on the issue of negligent hiring in Strickland v. Communications & Cable of Chicago, 304 Ill. App. 3d 679, 710 N.E. 2d 55 (First Dist., 1999) is an important decision not only for purposes of employment law, but also for purposes of transportation law for the reasons detailed below.
The treatment of cancellation of indebtedness income for shareholders of insolvent S corporations should be resolved by the Supreme Court in the near future. Federal Taxation, August 2000 Generally, cancellation of indebtedness ("COD") income may be excluded from income only to the extent the taxpayer is insolvent.
A treaty against children’s harms By Thomas W. Simon Human and Civil Rights, June 2000 The Illinois State Bar Association's (ISBA) Section Council on Human Rights took a stand in opposition to the United Nation's International Convention on the Rights of the Child long before I became a member of the Committee
Trustee powers By Thorpe Facer Trusts and Estates, May 2000 Many of our clients have accounts with Merrill Lynch. When creating revocable living trusts for these clients, be aware that Merrill Lynch can require specific language be included with respect to a trustee's power.
TTAB Protective Order Intellectual Property, June 2000 Parties involved in inter partes proceedings before the Trademark Trial and Appeal Board often enter into agreements intended to safeguard information and documents viewed as confidential, commercially sensitive or trade secret.
Tuition reimbursement Education Law, June 2000 A student at Herrin School District No. 4 was expelled from school for possession of controlled substances.
Two approaches to actions for breach of the implied covenant of good faith and fair dealing: where are we going? By Kristin Mihelic Commercial Banking, Collections, and Bankruptcy, October 2000 The implied covenant of good faith and fair dealing (implied covenant) is present in every contract entered into in Illinois
UCITA is coming! UCITA is coming! (One if by land, two if by C) By Eugene F. Friedman Corporate Law Departments, November 2000 The Illinois General Assembly has recently witnessed the introduction of the Uniform Computer Information Transfer Act ("UCITA"), 1999 Illinois Senate Bill 1309.
UCITA is coming! UCITA is coming! (One if by land, two if by C) By Eugene F. Friedman September 2000 The Illinois General Assembly has recently witnessed the introduction of the Uniform Computer Information Transfer Act ("UCITA"), 1999 Illinois Senate Bill 1309.
Unauthorized practice of law and in-house counsel By Michael Todd Scott Corporate Law Departments, June 2000 There has been a lot of discussion lately on unauthorized practice of law (UPL) by in-house counsel.
The unauthorized practice of law…by attorneys By A.J. Birkbec Environmental and Natural Resources Law, January 2000 In recent years, the focus of the legal profession's attention with respect to the unauthorized practice of law has been on violations by non-attorneys.
Unique factual situation relating to an oil and gas lease and a subsequent mineral deed-issue. Had the mineral deed expired and the interest reverted to grantors? Mineral Law, March 2000 Plaintiffs Herschel and Robert Schwarm are trustees of the Noble Ervin Schwarm trust, which owns a reversionary mineral interest in certain Fayette County real estate. Defendants Mexia Holdings, L.P. (Mexia), and Monarch Resources, L.L.C. (Monarch), purport to own one-half of the mineral interests in said real estate by reason of a mineral deed from Arl Schwarm and Nellie Schwarm, dated October 1938.
Update on innocent spouse provisions By Carlos A. Saavedra Federal Taxation, October 2000 The innocent spouse provisions of the Internal Revenue Code provide relief to a spouse from the joint and several liability of a joint return under Code section 6013(d)(3).
Update: Eighth Circuit Court of Appeals hands Harmon and friends big win over USEPA on “overfiling” issue By Phillip R. Van Ness Environmental and Natural Resources Law, January 2000 Readers of this newsletter will recall my recent comments regarding a decision by the U.S. District Court for the Western District of Missouri (Smith, J.) in Harmon Industries, Inc. v. Browner, 19 F.Supp.2d 988 (W.D. Mo. 1998)
U.S. District Court addresses broker cargo liability issues By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2000 The pending U.S. District Court action in Custom Cartage, Inc. v. Motorola, Inc. is providing well reasoned and important transportation law opinions addressing a number of issues, including broker responsibility for cargo loss and damage claims.
U.S. Supreme Court holds, per curiam, that 28 U.S.C. 1367 overrules Zahn v. International Paper Co. By Michael Todd Scott Corporate Law Departments, May 2000 Ever since Congress passed the Judicial Improvements Act of 1990, the issue of whether the new 28 U.S.C. 1367 overruled Zahn v. International Paper Co., 414 U.S. 291 (1973), has been debated by commentators and courts alike.