Crop share rental arrangements and sample leaseBy Paul A. MeintsAgricultural Law, March 2000The following Crop Share Lease with provisions for cattle has its origin in the Cooperative Extension's form that was developed many years ago, being updated for items and farming practices that have changed in the interim and which, in it's author's opinion, are outdated or missing in the older format.
Current S corporation ESOP regulatory developmentsBy John A. KoberEmployee Benefits, January 2000The Internal Revenue Service ("IRS") has clarified some of the ambiguity that existed under current law in its application to S corporation employee stock ownership plans ("ESOPs").
Damages award includes unrealized stock option appreciationLabor and Employment Law, September 2000Greene, a division manager for Safeway Stores, was terminated at age 52. In two more years, he would have vested in a supplemental pension plan.
D.C. circuit strikes down U.S. EPA’s periodic monitoring guidanceBy Eric E. BoydCorporate Law Departments, October 2000
In Appalachian Power Company, et al. v. EPA, the U.S. Court of Appeals for the D.C. Circuit struck down the U.S. EPA's periodic monitoring guidance. The court found that the Agency promulgated the guidance without following proper rulemaking requirements.
Dead letter of the lawBy James SternHuman and Civil Rights, October 2000"We have been unable to perceive that the seizure of a man's private books and papers to be used in evidence against him is substantially different from compelling him to be a witness against himself."
Deceptive practices in prepaid funeral plansBy Lee BenezeElder Law, June 2000On April 10, 2000, the Senate Select Committee on Aging held a hearing on financially deceptive and fraudulent practices in the prepaid funeral and burial industry.
The deliberative process evidentiary privilege (Civil Practice Committee 1/5/00)By John B. KincaidCivil Practice and Procedure, August 2000In People Ex. Rel. Birkett v. City of Chicago, the City raised a "deliberative process privilege" to prevent the disclosure of future plans to improve and enlarge the O'Hare Field facility.
Demographics of the Administrative Law SectionAdministrative Law, August 2000The section is composed of a geographically diverse group of attorneys. There were 482 section members as of May 2000, a 15% increase since the first of the year.
Department of Justice attorneys file class-actionGovernment Lawyers, April 2000"9,000 Justice lawyers seek back pay; $500 million sought in overtime lawsuit," read the headline of the February 22, 2000, Washington Times.
Dim sum anyone? The adventure of volunteeringBy Holly A. PetrikYoung Lawyers Division, May 2000Volunteering. A word that can freeze your steps, or make you move faster out of a room.
Disciplinary cases against public sector attorneysGovernment Lawyers, November 2000In re Armentrout, 99 Ill.2d 242, 457 N.E.2d 1262 (1983). The Kane County State's Attorney was suspended from the practice of law for two years after he organized a massive forgery of voter signatures on a referendum petition.
Discovery in DUI, misdemeanor and traffic casesBy J. Brick Van Der SnickTraffic Laws and Courts, March 2000One of the most difficult and confusing parts of a driving while under the influence (DUI) prosecution by a State's Attorney or village prosecutor is the anomaly under the law of the right to discovery by the Defendant.
Discovery of mental health recordsBy Laura Hynes RamirezFamily Law, January 2000Sooner or later most practitioners will represent a party who has either received or is receiving some sort of therapy/ counseling (or advises that his former partner has or is receiving therapy/ counseling) and issues relating to disclosure of the records may become an important aspect of the entire case.
Discrimination in hiring: employers beware of testers!By Elaine MassockLabor and Employment Law, September 2000On July 5, 2000, the Seventh Circuit Court of Appeals, the federal court with binding authority in Illinois, Indiana and Wisconsin, decided that an employer can be held liable for money damages for failing to hire minority applicants even though the applicants do not really want the job.
Dishonest home improvement contractorsthe force is not with youBy Harold I. LevineReal Estate Law, October 2000Although not generally understood, there is a definite relationship between the increase in residential foreclosures and coercive home improvement contracts. Much to the surprise and dismay of property owners, many foreclosures arise out of home improvements contracts.
Dispositions for leave to appealBy Donald R. ParkinsonCriminal Justice, September 2000On May 31, 2000, the Illinois Supreme Court issued its rulings on 287 petitions for leave to appeal
Dispositions of petitions for leave to appealBy Donald R. ParkinsonCriminal Justice, February 2000On December 1, 1999, the Illinois Supreme court rules on 295 pending petitions for leave to appeal. One hundred and seven were filed in civil cases and 10 requests were granted.
Do I really need to backup?By Nerino J. PetroLegal Technology, Standing Committee on, October 2000You just finished the brief for the most important case this year. You get ready to leave for the day--you shut off the lights, set the alarm and lock the door behind you. You haven't forgotten a thing ... or have you?
Do the deed: terminating a joint tenancyBy David K. Harris & Robert BarewinGeneral Practice, Solo, and Small Firm, September 2000Husband and Wife separated. Husband lived part-time with another woman.
Do you create a “precedent” by giving severance pay?By Michael R. LiedLabor and Employment Law, December 2000Business people sometimes wonder if giving one employee severance pay creates a legal duty to provide severance pay to other employees.
Does the use of police emergency lights to curb a vehicle constitute a “seizure?”By Daniel T. GillespieTraffic Laws and Courts, May 2000In City of Highland Park v. Lee, 291 Ill. App. 3d 146, 694 N.E. 2d 673, 230 Ill. Dec. 704 (2d Dist. 1997), the Illinois Appellate Court held that the use of police emergency lights constitutes a show of authority used to restrain the liberty of a motorist.
Does UPL by in-house counsel really waiver the attorney-client privilege?Corporate Law Departments, October 2000
In the June 2000 issue of The Corporate Lawyer, we ran an article entitledUnauthorized Practice of Law and In-house Counsel. That article stated that "many in-house counsel are grappling with the fear that engaging in the unauthorized practice of law may put their client at risk of losing attorney-client privilege arguments during litigation."
