Articles From 2004

New legislation concerning utilities and rights-of-way By Richard F. Bales Energy, Utilities, Telecommunications, and Transportation, June 2004 Generally speaking, a public utility has the right to install underground utilities in a statutory dedicated road. Such underground installations are regarded as being within the easement for highway purposes, in favor of the public.
New legislation concerning utilities and rights-of-way By Richard F. Bales Real Estate Law, May 2004 Generally speaking, a public utility has the right to install underground utilities in a statutory dedicated road. Such underground installations are regarded as being within the easement for highway purposes, in favor of the public.
The new overtime rule and application By Bart A. Basi & Marcus S. Renwick Labor and Employment Law, November 2004 Confusion is the word for employers regarding the new labor rules! The new labor law collectively known as The Fair Labor Standards Act of 2004 has been in effect since August 23, 2004.
New rules ahead for nonqualified plans By Ann Marie Breheny Corporate Law Departments, December 2004 President Bush signed the American Jobs Creation Act (H.R.4520) into law on October 22, 2004.
New SEC Form 8-K: Shortened filing deadline and expanded filing requirements By Robert J. Wild Business and Securities Law, October 2004 As of August 23, 2004, Form 8-K, Current Report under the Securities Exchange Act of 1934, is required to be filed four business days after the event triggering the filing obligation. Form 8-K now has 21 items that trigger a report.
New tax rates call for new strategies: Subchapter C corporations face an enigma By Bart A. Basi & Marcus S. Renwick Federal Taxation, May 2004 Traditionally, C corporations have been subject to "double taxation" and tax planning was simple.
News you can use Government Lawyers, March 2004 Many government lawyers face a common challenge: struggling to pay off large law school loans while earning low wages.
No back pay or front pay available to undocumented workers in a retaliatory discharge proceeding filed under the Fair Labor Standards Act By Joseph M. Gagliardo Federal Civil Practice, May 2004 In Renteria v. Italia Foods, Inc., N.D. Ill. No. 02 C 495, 8/21/03, Judge Kennelly addressed the type of relief that is available to undocumented workers in a retaliation proceeding filed under the Fair Labor Standards Act ("FLSA").
No earrings for men: Is that a problem? By Michael R. Lied Labor and Employment Law, August 2004 In Pecenka v. Fareway Stores, Inc., 672 N.W.2d 800 (2003), the Iowa Supreme Court decided the employer did not violate Federal or Iowa law by barring male employees from wearing earrings.
No jury and no compensatory damages, no punitives in ADA retaliation claim By Lorna K. Geiler Labor and Employment Law, April 2004 Colleen Kramer sued her former employer, Bank of America Securities, LLC ("BOA") for, among other things, retaliatory discharge under the Americans with Disabilities Act ("ADA").
Noisy withdrawal and its implications for the employee benefits lawyer By Julie A. Govreau Employee Benefits, May 2004 In response to the scandals that shook the foundations of the corporate world and severely compromised public confidence in the private sector, Congress in 2002 passed The American Competitiveness and Corporate Accountability Act of 2002, better known as the Sarbanes-Oxley Act.
Non-consensual chemical testing held to be generally inadmissible in DUI cases By Larry A. Davis Traffic Laws and Courts, January 2004 Since 1986, it has been clear that under Illinois law the non-consensual, or involuntary withdrawal of a blood, urine or breath sample from a person arrested for DUI was admissible against such person, provided that probable cause existed for the charged offense.
The Northern District continues work on electronic case filing By James F. Holderman Commercial Banking, Collections, and Bankruptcy, May 2004 The Northern District's preparation for its transition to Electronic Case Filing ("ECF") is continuing. The court has been working with personnel of the Administrative Office of the U.S. Courts in Washington, D.C. on implementing refinements and modifications to the planned system so the needs of the judges and the members of the bar are best served.
The Northern District continues work on electronic case filing By James F. Holderman Federal Civil Practice, February 2004 The Northern District's preparation for its transition to Electronic Case Filing ("ECF") is continuing.
A note from the co-editor By Mary Ann Connelly State and Local Taxation, December 2004 An introduction to the issue from Co-editor Mary Ann Connelly.
A note from the co-editor By Mary Ann Connelly State and Local Taxation, November 2004 This edition of Tax Trends features the questions and answers that were raised during the 2004 IDOR Practitioners' Meeting, on the 5th Floor of the State of Illinois Building, 160 North LaSalle Street on November 5, 2004.
A note from the co-editor By Mary Ann Connelly State and Local Taxation, September 2004 This edition of Tax Trends features an article written by Hugh E. Pollard entitled “Exchange Tax Dollars for Investment Dollars.”
A note from the co-editor By Mary Ann Connelly State and Local Taxation, August 2004 This edition of Tax Trends features an article by Ex-Officio John K. Norris about Public Act 93-715 (7 percent Assessment Cap) and its impact on your residential tax
A note from the editor By Mary Ann Connelly State and Local Taxation, July 2004 This edition of Tax Trends features an article written by Stanley Kaminski, Co-Editor. Stanley Kaminski and State and Local Taxation Chair, Louise Calvert, were speakers at the Law Ed Series Overview of Illinois Taxes for the General Practitioner.
A note from the editor By Mary Ann Connelly State and Local Taxation, May 2004 Associate Editor John Truskowski wrote the first article in this edition of Tax Trends.
A note from the editor By Margaret M. Benson Employee Benefits, May 2004 This is our sixth issue of the Employee Benefits newsletter this year and it runs the gamut from the anti-cutback rule to "noisy withdrawal."
A note from the editor By Mary Ann Connelly State and Local Taxation, April 2004 This edition of Tax Trends features an article by Associate Editor Stanley R. Kaminski that originally appeared in the March 10, 2004 edition of the "Tax Institute Alert" published by The Illinois Chamber.
A note from the editor By Mary Ann Connelly State and Local Taxation, March 2004 This edition of Tax Trends features a recent circuit court decision, Hollinger International, Inc. v. Bower, 02 L 051514 (Cir.Ct. Cook, 1/6/04).
A note from the editor Employee Benefits, February 2004 I am pleased to present in this issue the second of a two-part series on Rev. Proc. 2003-44, written by our Chair, Katie Kennedy.
A note from the editor By Mary Ann Connelly State and Local Taxation, February 2004 This edition of Tax Trends features an article on how to access and follow pending legislation. The article is entitled "An Introduction to the Illinois General Assembly Web Site."
A note from the editor By Mary Ann Connelly State and Local Taxation, January 2004 Happy New Year! We hope you have a very healthy and prosperous year. This edition of Tax Trends features two recent court decisions.
A note from the editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, October 2004 This is a reminder for those of you who registered for the 2004 IDOR Practitioners' Meeting, on the 5th Floor of the State of Illinois Building, 160 North LaSalle Street on November 5, 2004.
Notes from the Chair Workers’ Compensation Law, December 2004 I have the distinct privilege of unveiling the ISBA Workers' Compensation Section Council's annual seminar lineup. T
Notes from the Chair By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, May 2004 The Section Council met in February in Springfield and decided to appoint a Council member to serve as Section Liaison to act as the point person for Section members to contact the Section Council concerning any matter that may be important to the member.
NSEERS and US-VISIT requirements for nonimmigrant visa holders By Scott D. Pollock & Maria Baldini-Potermin International and Immigration Law, November 2004 The terrorist attacks against the United States on September 11, 2001 ushered in the development of several new immigration security initiatives.