Section Newsletters

Articles From 2004

Back it up-A practical approach to computers, data storage and backup systems By Carl R. Draper Law Office Management and Economics, Standing Committee on, January 2004 With the ever-increasing costs of office operations coupled with the explosive growth of documentation in legal matters, maintaining control of information has challenged law firms of all sizes. Storage of paper alone is a major expense and administrative headache.
Back to the basics: A review of contempt By Charles A. Canning Family Law, March 2004 As family law practitioners, we deal with contempt issues on almost a daily basis. In most of those situations, as in the case of a non-custodial parent's failure to pay child support, we get by with just using the word "contempt."
Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman Commercial Banking, Collections, and Bankruptcy, February 2004 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Barge company wins commerce clause case in American River Transportation Company v. Bower, __ N. E. 2d __ ( Ill. App. 2004) 19-15-326-017-0000 State and Local Taxation, September 2004 The Illinois Appellate Court, Second District, recently determined that Illinois’ imposition of use tax on the consumption of fuel and supplies acquired outside Illinois and consumed by vessels engaged in the transport of bulk cargo between Illinois and New Orleans was improper.
BARJ happenings Child Law, October 2004 Illinois has adopted a Balanced and Restorative Justice Approach [BARJ] to address juvenile delinquency. The newsletter will highlight efforts to implement this approach in Illinois.
Be careful what you ask for… Some releases are void as a matter of law By Jac A. Cotiguala & Luarine M. Galovich Federal Civil Practice, March 2004 Are you aware that waivers of claims under the Fair Labor Standards Act, Illinois Minimum Wage Law,  and Illinois Wage Payment and Collection Act are void as a matter of public policy?
Be selective when labeling documents work product By Peter LaSorsa Corporate Law Departments, September 2004 When representing clients, attorney communications and works are subject to protection from disclosure-albeit not absolute protection.
Bench & Bar Section Council seeks input Bench and Bar, October 2004 The Section Council has undertaken study of a proposal advanced by one of its members to amend statutory provisions for the number of jurors to serve on jury trials in civil cases where the claim for damages does not exceed $50,000, which is the upper limit for cases that are referred to arbitration.
Betty Jang named YLD Attorney of the Year - Downstate By Timijanel Boyd Odom Racial and Ethnic Minorities and the Law, November 2004 The year 2004 rings loud with congratulations for this Committee's second award recipient, Betty Jang, since the inception of the Young Lawyers Division Attorney of the Year Recognition four years ago.
Betty Jang-Young Lawyer of the Year (Downstate) By Eric Hanson Young Lawyers Division, August 2004 Betty Y. Jang of Champaign received the Young Lawyer of the Year Award on June 18, 2004 at the ISBA annual meeting in Lake Geneva, Wisconsin.
The biggest mistakes attorneys make in arbitration/mediation Alternative Dispute Resolution, March 2004 Editor's Note: The Chairperson of the Alternative Dispute Resolution Section Council of the ISBA invited section council members to provide information concerning what they think are the "Biggest Mistakes Attorneys Make in Arbitration and Mediation."
Bill status report (Section council action as of 12/10/04) By Stephen Olson, John Roska, & Lisa Treviranus Commercial Banking, Collections, and Bankruptcy, December 2004 A report on the status of recent legislation.
The Black Line Trial Call system in the Circuit Court of Cook County’s Law Division: A change born of necessity By William D. Maddux Bench and Bar, June 2004 To begin, the Black Line Trial Call is not a new concept by any means--it was the dominant paradigm in Cook County some 40 years ago.
Blount and Smith provide guidance on buy sell agreements: Restrictions disregarded under section 2703 for valuation purposes when safe harbor requirements are not met By David A. Berek & Bret R. Klemetson Trusts and Estates, October 2004 In two recent cases, the Service successfully applied Section 2703 to disregard the restrictions provided under a buy-sell agreement between shareholders in Blount2 and to disregard restrictive provisions of a family limited partnership in Smith,3 resulting in significantly higher valuations of the underlying property for estate and gift tax purposes.
Blueprint for civility By Hugh W. Brenneman, Jr. Bench and Bar, January 2004 John was a brand new lawyer. His client was pursuing a worker's disability claim. A prominent trial attorney, Joel Boyden, was defending the employer.
Boardrooms and handcuffs-Not a pretty sight By Patrick Costello Corporate Law Departments, May 2004 With the recent corporate scandals at Enron, Tyco and WorldCom making front-page news, the sight of handcuffed corporate executives being escorted by armed federal marshals has become an all-too-common sight.
Brief report on recommendations voted on by the ABA House of Delegates at the Midyear Meeting in San Antonio, Texas on February 9, 2004 of interest to administrative law practitioners By Hon. Edward J. Schoenbaum Administrative Law, May 2004 Administrative Judiciary [113B] Judicial Division, Encourages Congress to establish a retirement plan for federal administrative law judges that is appropriate to their judicial status and functions and that is separate from retirement plans of other career civil servants. Approved.
Brown v. Board of Education event By Barbara Crowder Bench and Bar, June 2004 Lawyers and Judges working together is the benchmark of the Bench and Bar Section Council. Great examples of such enterprises have been occurring around the state in honor of the 50th anniversary of Brown v. Board of Education, the landmark school decision holding that racial segregation is not equal and violates the U.S. Constitution.
The (bumpy) road to justice By Violeta I. Balan International and Immigration Law, November 2004 While I was dreaming of sailing around the world, traveling to Africa and racing a camel, my father spent his nights printing flyers on a homemade handpress.
The business case for effective part-time programs By James J. Sandman Women and the Law, October 2004 Remarks at "Summit on Keeping Her in Her Place: New Challenges to the Integration of Women in the Profession," Section of Litigation, American Bar Association August 11, 2002
Business continuity plan essential ‘insurance’ for law firms By Tim Akers Law Office Management and Economics, Standing Committee on, June 2004 Every law firm's worst nightmare is a disruption that makes it virtually impossible to conduct business as usual.
Buy a Mac for your law office By Todd H. Flaming Legal Technology, Standing Committee on, June 2004 This is an unusual request, but it's an important one.
CAFOs and air emissions By Michael C. White Agricultural Law, November 2004 Until recently, many commercial agricultural activities in the United States have been exempt from certain requirements of federal and state environmental laws.
CAFOs and air emissions By Michael C. White Environmental and Natural Resources Law, November 2004 Until recently, many commercial agricultural activities in the United States have been exempt from certain requirements of federal and state environmental laws.
Call to arms: A 21st century call to professionalism for real estate lawyers By William J. Anaya Real Estate Law, June 2004 Many of our younger colleagues consider me a dinosaur or an anachronism-a lawyer from a different age who actually ordered and reviewed abstracts of title and prepared scores of title opinion letters in the practice of law, and not as an academic exercise in some ancient social ritual at the Smithsonian.
Can a foreign company do business in Mexico? The answer depends on the type of business it plans to do there By Alexander Olsansky, Jr International and Immigration Law, June 2004 The General Rule is that foreign companies are entitled to do business in Mexico to the same degree as Mexican-owned companies. However, there are several exceptions to the General Rule.
Can a foreign company do business in Mexico? The answer depends on the type of business it plans to do there By Alexander Olsansky, Jr. Corporate Law Departments, May 2004 The General Rule is that foreign companies are entitled to do business in Mexico to the same degree as Mexican-owned companies.
Can criminal defense attorneys give police reports to clients? By Randall Rosenbaum Criminal Justice, October 2004 Although it is a simple question, the answer is quite complex. In fact, there is no definitive answer. Just as many defense attorneys answer "yes" as answer "no."
Case comment By Thomas A. Bruno Human and Civil Rights, December 2004 The Illinois Supreme Court has ruled (The City of Urbana, Appellee, v. Andrew N.B., Appellant.-The City of Champaign, Appellee, v. Montrell D.H., Appellant. ; Docket Nos 95408, 95803; Opinion filed June 24, 2004) that it is a misuse of the contempt power of the court to impose a sentence of incarceration on minor defendants who fail to meet the terms of their court supervision sentences in municipal ordinance violation cases.
Case comments By Michael J. Weicher & Justin J. Karubas Business and Securities Law, April 2004 The Board of Trustees of Community College District 508 v. Coopers & Lybrand