Articles From 2001

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Editor’s note Civil Practice and Procedure, September 2001 The editors apologize for having failed to identify the authors of the following articles in the June 2001 edition of Trial Briefs:
Editor’s note Law Office Management and Economics, Standing Committee on, August 2001 Please note the following: as regular readers of this newsletter know, it has been a while since we have devoted as much of an issue to technology and products as this one.
Editor’s note Criminal Justice, August 2001 The editor of this publication and the section council thank David Bergschneider, Legal Director, Office of the State Appellate Defender, for his comprehensive case law update included in this edition.
Editor’s note July 2001 For this edition of the newsletter we have a summary of the recent court of appeals decision in the Microsoft case, a discussion by Scott M. Mendel.
Editor’s note Labor and Employment Law, June 2001 One issue which has not been settled totally is when a union contract may require union members to arbitrate statutory claims.
Editor’s note By Richard W. Zuckerman Family Law, June 2001 On behalf of my fellow co-editor, Don C. Hammer, I would like to thank all of the contributors to the 2000-2001 Family Law Section Council Newsletter.
Editor’s note By Richard W. Zuckerman Family Law, May 2001 You don't have to handle custody case for very long before it becomes clear that cases usually fall into one of three patterns.
Editor’s note Education Law, May 2001 In order to better meet your needs, we have reformatted the Education Law Section Council's newsletter.
Editor’s note Alternative Dispute Resolution, April 2001 We welcome and are grateful for contributions to this newsletter from members of the section.
Editor’s note Real Estate Law, March 2001 Recognizing the sometimes considerable harm realized by consumers when those without law degrees provide legal advice, ISBA President Herb Franks is emphasizing protecting the public from the unauthorized practice of law in his tenure as president.
Editor’s note March 2001 While the new head of the Department of Justice's Antitrust Division has not yet been named as of this writing (the rumored front runner is Charles James, who served in George I's administration), it is doubtful that the Bush Administration's antitrust policy could be that much different from that under the Clinton Administration, except maybe as it may affect a Redmond Washington based computer software company.
Editor’s note By Don C. Hammer Family Law, February 2001 The year 2000 was a significant year for adoption practitioners in Illinois. This issue, and the following issue, of the Family Law newsletter will focus on adoption.
Editor’s note Criminal Justice, February 2001 The caselaw digests contained in this newsletter were graciously submitted by Don Hays, Senior Staff Counsel, Office of the States' Attorney Appellate Prosecutor. 
Editor’s notes State and Local Taxation, November 2001 Is your client a "responsible person" or merely an investor? Ask whether he knew of the corporation's financial troubles, signed checks and whether he became involved in the day-to-day operations of the corporation.
Editor’s notes By Christopher L. Weber Mineral Law, November 2001 On February 7, 2001, the Circuit Court of Madison County entered a judgment in favor of plaintiffs, Kenneth Voigt, Dorothy Voigt, and Melba Voigt, and against defendants, Karchmer Pile & Supply, Inc., Watomwa Production Company, Confed Oil Corp. and KIEC, Inc., in the amount of $2,838,475.78, including punitive damages, and in favor of plaintiffs, Joanne Carraway, Jack McCarty, Suzanne Pringle, Marion Bonnell, Brian Millsap and David Millsap and against defendants, Karchmer Pipe & Supply, Inc., Watomwa Production Co., Confed Oil Corp. and KIEC, Inc., in the amount of $905,262.71.
Editor’s notes Real Estate Law, October 2001 This issue features articles addressing representing third-party bidders at foreclosure sales, complying with the Residential Real Property Disclosure Act, and the impact of Revised Article 9 on real estate transactions.
Editor’s notes Real Estate Law, June 2001 This issue of the Real Property newsletter includes Tim Atchison's detailed discussion of various types of fraud, particularly flips.
Editor’s notes Real Estate Law, April 2001 This issue could not be more timely. The first article by John C. Murray discusses the doctrines of equitable and conventional subrogation.
Editor’s notes By Barbara B. Bressler Real Estate Law, January 2001 We are fortunate to have articles in this newsletter from experienced real estate practitioners who are known authorities on the topics about which they have written.
The effect of public act 92-0136 on the creation of tenancies by the entirety By John G. O’Brien General Practice, Solo, and Small Firm, December 2001 Tenancy by the Entirety became part of Illinois law on October 1, 1990. 765 ILCS 1005/1C as amended.
Elder law Law Ed Series program Elder Law, February 2001 The Elder Law section will be presenting a Law Ed Seriesseries program on grandparents' issues.
Elder law update By Steven C. Perlis Elder Law, February 2001 For calendar year 2001, the community spouse resource allowance ("csra") is $87,000.
Elder law update: Task Force on the Unauthorized Practice of Law By Naomi H. Schuster Elder Law, May 2001 The Task Force on Unauthorized Practice of Law has been meeting on a regular basis since its establishment in the summer of 2000.
Electronic business transactions By Ethel Spyratos Business and Securities Law, January 2001 As commerce evolves, businesses are confronting electronic transactions.
Electronic Signatures in Global and National Commerce Act Legal Technology, Standing Committee on, January 2001 On June 30, 2000, President Clinton signed into law the Electronic Signatures in Global and National Commerce Act. The Act applies to most industries, including the insurance industry generally, and title insurance in particular.
Electronic transmission of driver’s license abstracts to establish proof prior conviction(s) for DUI or driving while revoked By Renee L. Robinson Traffic Laws and Courts, January 2001 This article will discuss briefly the proof required to establish that a defendant was previously convicted of the offense Driving Under the Influence of Alcohol/Drugs and Driving While Revoked.
The elements of a non-disclosure agreement By Deborah Gordon & Joseph Collins Corporate Law Departments, July 2001 The Non-Disclosure Agreement (NDA) is an important safety measure for a party that is disclosing confidential or proprietary information to another in the course of discussing and negotiating a possible business relationship.
Employee Benefits Section Council review of recent cases and IRS matters By Kevin J. Richter Employee Benefits, December 2001 In Gilliam v. United Parcel Service, Inc., 7th Cir. No. 99-3942 (11/29/00) the Seventh Circuit found that the Defendant, United Parcel Service, did not violate the Family and Medical Leave Act by firing a worker.
Employee termination for drug possession No ADA violation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2001 The U.S. Court of Appeals for the Seventh Circuit has affirmed the dismissal of an Americans with Disabilities Act (ADA) suit under 42 U.S.C. §2101 et seq. by an employee terminated from his job due to cocaine possession in Pernice v. City of Chicago, 237 F.3d 793 (7th Cir., 1/11/01).
Employer bears burden of proving supervisory status in NLRB proceeding By Michael R. Lied Labor and Employment Law, November 2001 A labor law issue which comes up with some frequency is whether certain individuals are employees--and therefore entitled to the protections of the National Labor Relations Act, or supervisors, who are usually excluded from such protection.