Section Newsletters

Articles From 2002

The enforcement of child support provisions in foreign divorce judgments By Angela Peters International and Immigration Law, January 2002 There are a legion of cases that describe why the Illinois courts will not give full faith and credit to a foreign divorce decree judgment for support.
Enforcing consumers’ and employees’ legal rights through arbitration By Keith Maurer Alternative Dispute Resolution, December 2002 The American Bar Association reports that 100 million Americans are effectively barred from seeking justice by the high cost of lawyers and the lawsuit system.
Engagement letters By Donald E. Weihl Law Office Management and Economics, Standing Committee on, October 2002 This article will discuss the reasons engagement letters are utilized, the benefits they provide, and examples of the content of portions of engagement letters that are commonly in use.
Ensuring higher business valuations: It’s time for small and mid-sized companies to plan ahead. By Martin Kupferman Corporate Law Departments, October 2002 If you own a small or mid-sized business and are considering selling your company, you may find that now is not the right time.
Enviro-Science e-Print Service offers help in environmental research Environmental and Natural Resources Law, December 2002 The Enviro-Science e-Print Service is a multi-agency project of DOE's Environmental Management Science Program (EMSP), the U.S. EPA Office of Research and Development, content partners, and sponsors.
Environmental attorneys may catch chill from new corporate ethics legislation By Phillip R. Van Ness Environmental and Natural Resources Law, October 2002 They say an ill wind blows no good, and environmental practitioners may find themselves in the midst of a gale.
ERISA preemption and beneficiaries of non-probate assets after divorce By Edward J. Mitchell Elder Law, December 2002 Under Illinois law, a divorced spouse is presumed to have predeceased her ex-spouse for purposes of receiving a legacy or other interest under a will. See 755 ILCS 5/4-7.
ERISA preemption and healthcare in the post-Moran world By Teresa Faherty Blomquist Employee Benefits, October 2002 A series of judgment calls in Rush Prudential HMO, Inc. v. Moran 536 U.S. ____ (2002) led the Supreme Court to an ultimate decision last June that diminishes ERISA's preemption of state laws and weakens the ability of HMOs in Illinois to manage their costs.
ERISA remedial powers and plan reimbursement claims By Michael J. Marovich Civil Practice and Procedure, December 2002 Any attorney practicing in the field of personal injury law inevitably faces claimed rights to reimbursement from an injured party's health insurance company.
Establishing a presence on the World Wide Web: an Internet primer Intellectual Property, January 2002 Copies of the more extensive handouts may still be available from the ISBA; if not, contact the authors of the particular topic of interest.
Estate and gift and generations gifting tax update By Kelli E. Madigan Federal Taxation, January 2002 In two different Private Letter Rulings the IRS acknowledged two different state court orders reforming trust documents to correct a scriveners' error in the underlying document.
Estate and gift tax changes for 2002 By Mike Drone Agricultural Law, January 2002 Several changes in the estate and gift tax law go into effect in 2002.
Estate and gift tax update By Sarah Delano Pavlik Federal Taxation, November 2002 Split-dollar life insurance arrangements. There have been several recent developments in the split-dollar arena.
Estate, gift and generation-skipping tax update By Kelli E. Madigan Federal Taxation, June 2002 IRS Notice 2002-25: The Notice extends the time period for donees who made charitable contributions in excess of $250 between the period of September 10 and December 31, 2001, to obtain a written acknowledgment from the charitable organization as required under Section 170 (f)(8), or to acquire evidence of a good faith effort to obtain the documentation from such charity, until October 15, 2002.
Estate planning & probate update By James F. Dunneback & Anne Scheurich Kelly General Practice, Solo, and Small Firm, April 2002 The past year has seen significant and far-reaching changes in the estate planning and estate and gift tax arenas.
The estate planning gap By John J. Horeled Business Advice and Financial Planning, November 2002 My practice has always had an estate-planning component. At first I was a general practitioner who did estate planning.
The estate planning gap By John J. Horeled Elder Law, May 2002 My practice has always had an estate planning component. At first I was a general practitioner who did estate planning.
Estate planning update for 2002—something old… something new…something borrowed… something blue By Paul A. Meints Agricultural Law, September 2002 Budgetary problems at both the national and state levels in the past and perhaps (probably?) again in the future make it difficult to predict what will happen in the future.
Ethics corner Government Lawyers, February 2002 The Board of Commissioners on Grievances and Discipline for the State of Ohio recently issued a decision that may be of general interest to Illinois government lawyers.
Ethnic bar helps prosecutors & community build bridges in combating hate crime By Matthew W. Beaudet Human and Civil Rights, September 2002 The validity of hate crime legislation is still being actively debated amongst our colleagues in the legal community.
Even after a second amended Industrial Commission decision, the original decision can be subject to appeal By Paul W. Wiedner Workers’ Compensation Law, January 2002 In F & B Manufacturing Company v. Industrial Commission, 2001 WL 1104708, the appellate court had occasion to consider a case that had reached the circuit court for the second time after two different decisions by the Industrial Commission.
Evidence advocacy—the judge’s perspective By Warren D. Wolfson Bench and Bar, November 2002 When a trial lawyer becomes a trial judge, the earth moves.
Example section 404(c) Notice to participants and beneficiaries regarding self-directed investment accounts Employee Benefits, May 2002 Under this Plan, you may exercise control over the assets held in your account under the Plan.
Exception to six-year statute of repose for attorney malpractice applies to any mechanism, be it probate or non-probate distribution By Michael Sue Trusts and Estates, November 2002 Section 13-214.3(c) of the Code of Civil Procedure (the Limitations Act or the Statute of Repose) (735 ILCS 5/13-214.3(c) (West 1994)) prescribes that in the event an attorney is sued for malpractice for services rendered regarding a client's estate, the claimant has six years to file the claim.
Excerpts from minutes of meeting of Real Estate Law Section Council By Laurence F. Johnson Real Estate Law, December 2002 Gary Gehlbach encouraged Council Members to prepare articles and suggested that articles on the new Mortgage Release Act and on the new farm tenancy case may be appropriate.
Expert witnesses: A view from the bench By John A. Wasilewski Criminal Justice, December 2002 The expert witness is an indispensable witness in many court cases. Although a layperson can give an opinion as to many situations, the expert witness is necessary in many important cases.
Family law returns to jury trials By Harry Schaffner Family Law, December 2002 A new decision of the Fifth District Appellate Court heralds the dawn of a new age, when family law practitioners return to jury trial practice.
The Farm Security and Rural Investment Act of 2002— A primer By Jeffrey A. Mollet Agricultural Law, November 2002 After much debate and political wrangling, The Farm Security and Rural Investment Act of 2002 (the Act) was signed by President Bush on May 13, 2002.
FDIC insurance coverage for estates and revocable trusts By Mike Drone Agricultural Law, November 2002 Just as grain elevators can fail, so can banks. If you represent the executor of an estate or the trustee of a revocable trust it is important to understand how FDIC insurance applies to estate or trust bank deposits.
Federal employee benefits case law review By Amy L. Pauls & Milan Kim Employee Benefits, December 2002 Lessard v. Applied Risk Management; MMI Companies; Professional Risk Management, No. 01-15648 (9th Cir. filed Oct. 3, 2002). Lessard was on medical leave the day her employer completed a sale of all of its assets to another corporation.