Articles From 2005

Recent developments clarify treatment of retirement assets in bankruptcy, but some questions remain By Scott E. Galbreath Corporate Law Departments, June 2005 For years the states and bankruptcy courts have struggled with questions regarding the treatment of retirement assets held in qualified plans or individual retirement accounts ("IRAs") under the bankruptcy laws.
Recent developments in estate, gift, and income tax By David A. Berek Trusts and Estates, June 2005 Three recent cases, Estate of Bongard, Estate of Bigelow and In re Ehman illustrate the importance of non-tax reasons for creating family limited partnerships.
Recent developments in federal tax By David A. Berek Trusts and Estates, October 2005 On August 22, 2005 the Service issued eight Revenue Procedures setting forth sample trust language for charitable remainder unitrusts.
Recent developments in insurance law Insurance Law, September 2005 The United States Court of Appeals for the Ninth Circuit was recently faced with a question of first impression.
Recent family law cases By Adrienne W. Albrecht Family Law, January 2005 The Illinois Supreme Court has recently handed down several significant opinions affecting Family Law practitioners.
Recent judicial appointments and retirements Bench and Bar, December 2005 1. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge:
Recent judicial appointments and retirements Bench and Bar, November 2005 Recent changes in Illinois' Judiciary.
Recent judicial appointments and retirements Bench and Bar, September 2005 Recent changes to Illinois' Judiciary.
Recent judicial appointments and retirements Bench and Bar, May 2005 Recent changes to Illinois' Judiciary.
Recent judicial appointments and retirements Bench and Bar, March 2005 Recent changes to Illinois' Judiciary.
Recent labor law case decisions By Everett Nicholas Education Law, January 2005 Kelly Baird was employed as Superintendent at Warren CUSD No. 205 under a three (3) year contract which began in 2000
Recent legislation: Public Act 94-589—Family Military Leave Act By John H. Brechin Local Government Law, October 2005 You should be aware of the above-referenced Act effective August 15, 2005.
Recent litigation of interest By John H. Brechin Local Government Law, July 2005 Chicago brought an action alleging violations of its Building Code.
Recent OCC policies, mediation, and arbitration operate to safeguard national banks from litigation with consumers and states By Daryl Jones Alternative Dispute Resolution, February 2005 Recent Office of the Comptroller of Currency (OCC) regulations and mandatory arbitration have combined to undermine the leverage of state Attorneys General in mediation.
Recusal and disqualification of members of administrative boards By Bernard Z. Paul Administrative Law, January 2005 A summary of Girot v. Keith.
Red flags By Bernard Wysocki General Practice, Solo, and Small Firm, April 2005 The author describes nine 'red flag' clients-- if you see one coming, run for the hills.
Reflections on Women Lawyers: Personal experiences and history By Joan M. Hall Women and the Law, September 2005 Editors Note: On July 27, 2005, retired Jenner & Block Partner Joan M. Hall addressed the Firm's Women's Forum including women summer associates.
Reform of the United Nations—September 23, 2005 By Cindy G. Buys International and Immigration Law, November 2005 This year, the United Nations celebrates its 60th anniversary. As with any anniversary, the United Nations’s 60th anniversary has been a time for reflection: a time to assess what the United Nations has done well and what it has not done so well.
Regulating non-traditional childbirth-the Illinois Gestational Surrogacy Act By Steven N. Peskind Family Law, January 2005 This article will explore the specific requirements of the surrogacy Act and generally will discuss the implications of the Act on public policy and the specific actors who choose surrogacy as a means to create life.
Regulatory status update: Perchlorate summary of federal and state regulations By Becky Raftery & Steven M. Siros Environmental and Natural Resources Law, May 2005 One of the more confounding environmental issues to emerge in the last several years is the emergence of "new" contaminants, particularly at sites already undergoing remediation or that in some cases have been completely remediated.
Regulatory update: Illinois Employee Benefits, December 2005 Does ERISA preempt this regulation? In Nickola v. CNA Group Life Assurance Co., 2005 WL 1910905 (N.D. Ill. 8/5/2005), the court declined to address the preemption issue (as to the same proposed regulation) because even if the arbitrary and capricious standard applied, “Defendant’s process and analysis in terminating Plaintiff’s long-term disability benefits is so defective that it fails arbitrary and capricious review.”
Removal of a guardian By Ray J. Koenig, III Trusts and Estates, August 2005 As the median age of our population increases, it is likely that the number of guardianships will also increase.
Renovating the International & Immigration Law Section’s Web site By Pradip Sahu International and Immigration Law, June 2005 As many of you are aware, we have a Web site devoted to our section located at
Report from the ABA Annual Meeting By Alvin Ratana Young Lawyers Division, October 2005 On August 6-7, 2004, the American Bar Association (ABA) Young Lawyers Division (YLD) Assembly convened at the ABA Annual Meeting in Atlanta, Georgia.
Report of approved grant requests By Dion Davi Young Lawyers Division, December 2005 The Young Lawyers Division Section Council of the Illinois State Bar Association met on Saturday, November 5th in Chicago to discuss, among many other items, five grant requests for funding through the Illinois Bar Foundation/Young Lawyers Division Children’s Assistance Fund.
Requests to admit By Jerold S. Solovy & Robert L. Byman Administrative Law, April 2005 Your opponent serves requests to admit to set you up for disaster. Admit and your adversary will use your admissions to get summary judgment or make her life easier, yours uncomfortable at trial.
Requests to admit By Jerold S. Solovy & Robert L. Byman Bench and Bar, March 2005 Your opponent serves requests to admit to set you up for disaster.
Rescission of franchise agreements pursuant to Franchise Disclosure Act ruled arbitrable By David Neuman Civil Practice and Procedure, February 2005 The Illinois Supreme Court recently rendered a decision in Jensen v. Quik International, 213 Ill. 2d 119 (2004).
Rescission/Restitution: Be careful what you ask for, you may get it By John B. Kincaid Civil Practice and Procedure, November 2005 The subject of this article involves the doctrine of contract rescission and the court’s application of restitution following the order of rescission.
Response By William J. Brinkmann Federal Civil Practice, September 2005 The current rules are, indeed, broke and need fixing.