Articles From 2005

Attorney-client privilege in the government sector: United States v. John Doe (In re Grand Jury Investigation) By Patricia M. Fallon Government Lawyers, September 2005 United States v. John Doe (In re Grand Jury Investigation), 399 F.3d 527, 535 (2d Cir. 2005) (In re Grand Jury Investigation) addresses a grand jury subpoena issued to Anne C. George, former chief legal counsel to the Office of the Governor of Connecticut.
Attracting business 101 By Donald E. Weihl Law Office Management and Economics, Standing Committee on, January 2005 In the March, 1995 issue of The Bottom Line (Vol. 16, No. 3), an article appeared entitled "Rainmaking." The article included 10 suggestions in the form of practice tips for improving a lawyer's ability to attract business.
Authenticating e-mail for purposes of laying an evidentiary foundation By Adrienne W. Albrecht Legal Technology, Standing Committee on, July 2005 Increasingly, modern correspondence is conducted, not with pen and paper, but through e-mail. That raises some difficult evidentiary questions.
Automatic rollover rules By Richard F. Skweres Employee Benefits, March 2005 Many retirement plans have rules that provide for automatic distributions to terminated participants or beneficiaries when the benefits are less than $5,000.
Avoid being blindsided by Federal Rule Civil Practice 30(a)(2)(B) By Jack A. Strellis Federal Civil Practice, May 2005 Most lawyers are well aware that all depositions taken pursuant to Federal Rules are evidentiary in nature, yet many allow the opposing party to take the federal depositions of their client's treating or tendered medical professionals, economists, engineers and etc., as if the deposition is being taken for discovery purposes only.
Back to basics: Tips to stay organized and productive throughout your work day By Christopher D. Oakes Law Office Management and Economics, Standing Committee on, January 2005 Anything that prevents you from effectively achieving your daily goals makes you not only inefficient but robs you of billable time.
Backing up-The easy way By Maximilian M. Prusak Law Office Management and Economics, Standing Committee on, June 2005 For people who have been around computers for a significant period of time, there is no need to explain the necessity of backing up data.
Bankruptcy 2005: New landscape for preference proceedings By Kevin C. Driscoll, Jr. Commercial Banking, Collections, and Bankruptcy, December 2005 Though largely noted for its reform of consumer bankruptcy law, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (New Code) makes notable changes to non-consumer bankruptcy law.
Be careful what you write. . . Defamation in the age of technology By Maureen E. Riggs Corporate Law Departments, April 2005 Electronic mail is a great tool. It makes communication among colleagues, clients and fellow employees a breeze
Beginner’s guide to probating a decedent’s estate in Cook County By Jay S. Goldenberg Trusts and Estates, October 2005 I received an e-mail from a friend: “I have a probate estate. What do I do?” I have tried to lay out the process step-by-step so the newest graduate will be able to function on the same basis as the experienced pro.
Beside the bar By David Clark Legal Technology, Standing Committee on, December 2005 Woulda. Coulda. Shoulda. Three little words to second-guess ourselves. Let me share with you one of my “shouldas.”
Beside the bar By David Clark Legal Technology, Standing Committee on, October 2005 Lawyers, clients, jurors and court personnel have to be aware of the changing nature of technology and the use or abuse of that technology.
Beware of stipulations By Cameron B. Clark Workers’ Compensation Law, March 2005 In Walker v. Illinois Industrial Commission, 345 Ill.App.3d 1084, 804 N.E.2d 135 (4th Dist., 2004), the Illinois Appellate Court, in a decision delivered by Justice McCullough, addressed the issue as to whether or not the information contained on the Industrial Commission Request for Hearing form is binding upon the parties.
Bill of particulars in family law cases By Janet Boyle Family Law, December 2005 I was recently served with a Demand for Bill of Particulars in response to a Petition for Dissolution of Marriage I filed on behalf of a client.
Bills pending action by the governor By Phil Milsk Education Law, June 2005 A number of school-related bills have passed both houses of the General Assembly and have been sent to the Governor.
Boyd Electric: Is the Commission really a party? By Anita M. Decarlo Workers’ Compensation Law, June 2005 As a first year law student, I remember asking my father why all Workers' Compensation cases above the Commission level were captioned "Somebody v. The Industrial Commission?"
Brief legislation update By Jeffrey A. Mollet Agricultural Law, November 2005 There have been a few recent legislative enactments of note.
Business immigration law update By Gabrielle M. Buckley International and Immigration Law, November 2005 The H-1B visa allows employers to sponsor a foreign national for a temporary professional position (e.g., engineer, financial analyst, physician, graphic designer, researcher) if the foreign national has at least a bachelor’s degree in the specialized field normally required for the position.
Buyer’s remedies in the fraudulent sale of residential property By Donald A. LoBue General Practice, Solo, and Small Firm, December 2005 The courts continue to expand buyers’ remedies regarding the purchase of homes.
Can a plaintiff climb out of the pothole issue? By Michael J. Marovich Civil Practice and Procedure, February 2005 Many personal injury cases involve situations in which a defendant claims that they lost control of their motor vehicle due to the fact that they struck a pothole in the street.
Can an 8(d)1 award be modified? By Arnold G. Rubin Education Law, March 2005 In Cassens Transport Company v. Illinois Industrial Commission, 2005 WL 95714 (4th Dist., I.C. Div., 2005), the Illinois Appellate Court, in a decision delivered by Justice McCullough, with a concurring opinion by Justice Holdridge, addressed the vexing issue as to whether or not a final award under Section 8(d)1 may be modified in a subsequent proceeding at the Illinois Industrial Commission.
Can restrictive covenants really restrict? By Patti S. Levinson Business Advice and Financial Planning, June 2005 Restrictive covenants are similar to pre-nuptial agreements.
Care for Spike from the grave: The new Pet Trust Act By Daniel C. Hawkins Elder Law, January 2005 Many elderly persons treat their pets as if they were their own children. A client may request that as a part of his or her estate plan, Spike be taken care of from the grave, but until recently Illinois law did not allow trusts for pets.
Case comment-In re D.D. By Sherry Silvern Child Law, April 2005 In September of 2004, the Illinois Supreme Court issued its decision in In re D.D., a minor, (People of the State of Illinois) v. D.D. (Oak Park-River Forest High School District 200), 212 Ill. 2d 410, 819 N.E.2d 300 (2004).
Case comment: Jahn v. Kinderman By Michael J. Weicher Business Advice and Financial Planning, April 2005 Jahn v. Kinderman discussed several issues related to claims of oppression and deadlock based on Section 12.56 of the Illinois Business Corporation Act.
The case for expanded stem cell research in Illinois By Gretchen Livingston Women and the Law, February 2005 Human embryonic stem cells were first isolated in 1998. Just a few years later, their promise was cut short by the policy of our federal government limiting federal funding of research involving human embryos.
The case for expanded stem cell research: An update By Gretchen Livingston Women and the Law, September 2005 Since last fall, when Illinois Comptroller Dan Hynes announced his effort to fund all forms of stem cell research in Illinois through a bill that would have taxed voluntary cosmetic procedures and created the Illinois Regenerative Medicine Institute, the move to expand stem cell research here in Illinois has taken a positive turn.
Case law report By Angela Peters International and Immigration Law, July 2005 The American court properly declined to return the children to the father in Sweden, where the court found under Article 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction that returning the children would cause them grave risk of physical or psychological harm or otherwise place them in an intolerable situation.
Case law update By Lee Ann Schoeffel Government Lawyers, September 2005 Rodriguez v. Sheriff’s Merit Comm’n of Kane County., 355 Ill. App. 3d 676 (2nd Dist., February 4, 2005).
Case law update By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, February 2005 Since our last meeting, we report the following matters relating to banking law.

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