Retaliatory discharges and citizen crime-fightersBy Paul E. FreehlingLabor and Employment Law, July 2005An at-will employee observes what she believes to be misconduct harmful to the employer, and she "blows the whistle" internally.
Revamp of Anatomical Gift ActBy John F. ErbesElder Law, March 2005The Illinois Legislature has accomplished a much-needed revamping of the state's Anatomical Gift Act through the passage of P.A. 93-794, effective July 22, 2004.
A review of the final regulations under Circular 230By Guy E. Williams & Scott E. GarwoodFederal Taxation, August 2005Estate planning practitioners face the prospect of fines, censure, suspension and disbarment from practice before the IRS for violations beginning June 20, 2005—Further regulations issued on May 18, 2005 (see last page) help to clarify some of the problem areas.
A review of the final regulations under Circular 230By Guy E. Williams & Scott E. GarwoodTrusts and Estates, June 2005Estate planning practitioners face the prospect of fines, censure, suspension and disbarment from practice before the IRS for violations beginning June 20, 2005-Further regulations issued on May 18, 2005 (see last page) help to clarify some of the problem areas.
Revised Form 1023: What it means for new charitable organizationsBy Marjorie A. HarrisFederal Taxation, October 2005In order to qualify for exemption from Federal income tax, most new charitable organizations are required to file Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code, within 27 months following the end of the month in which the organization was established.
Revised Form 1023: What it means for new charitable organizationsBy Marjorie A. HarrisTrusts and Estates, August 2005In order to qualify for exemption from Federal income tax, most new charitable organizations are required to file Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code, within 27 months following the end of the month in which the organization was established.
Revisions to Chapter 12 under the new Bankruptcy Code ProvisionsBy Jeffrey A. MolletCommercial Banking, Collections, and Bankruptcy, July 2005The recent bankruptcy bill included changes to the provisions of Chapter 12. Among them are the following highlights:
Risk management strategies for identity preserved grain exportsBy A. Bryan EndresInternational and Immigration Law, December 2005Emerging foreign regulations for imported grain ultimately may result in trace-back liability to U.S. farmers for the commingling of even miniscule amounts of genetically engineered DNA.
Risk management strategies for identity preserved grain exportsBy A. Bryan EndresAgricultural Law, September 2005Emerging foreign regulations for imported grain ultimately may result in trace-back liability to U.S. farmers for the commingling of even miniscule amounts of genetically engineered DNA.
Rule 222—A ticking time bombBy Robert FinkTort Law, November 2005Unlike “requests to admit,” Rule 222, Limited and Simplified Discovery in Certain Cases, has not been the focus of much attention. It, however, has been increasingly used to devastating effect and is a potentially more powerful tool than requests to admit.
Safeguarding your life savings from future creditorsBy Martin P. RyanCommercial Banking, Collections, and Bankruptcy, July 2005Protecting assets from the claims of creditors has begun to assume a more prominent role in estate and financial planning due to the increasingly litigious nature of society.
Safeguarding your life savings from future creditorsBy Martin P. RyanCorporate Law Departments, March 2005Protecting assets from the claims of creditors has begun to assume a more prominent role in estate and financial planning due to the increasingly litigious nature of society.
Sample Client letter-Circular 230By Katarinna McBrideTrusts and Estates, August 2005With the necessity of attaching Circular 230 disclaimers to letters, faxes, and e-mail messages, comes the obligation of explaining Circular 230 to our clients.
SEC simplifies Securities Act registration procedures and modernizes issuer CommunicationsBy Robert J. WildBusiness and Securities Law, November 2005The Securities and Exchange Commission adopted significant changes to the securities registration and offering processes under the Securities Act of 1933 (the “Securities Act”). Release No. 33-8591 dated July 19, 2005, available at http://sec.gov/rules/final/33-8591.pdf
Section 105 bankruptcy sanctionsBy Bradley W. Small & Philip D. SpeicherCommercial Banking, Collections, and Bankruptcy, December 2005Section 105 of the Bankruptcy Code, although used sparingly, is an alternative source of authority permitting the Bankruptcy Court to impose sanctions against those attorneys who abuse the courts or judicial process.
Section 5(b) Lien RightsBy Edyta SalataWorkers’ Compensation Law, August 2005In Borrowman v. Prastein, 356 Ill.App.3d 546, 826 N.E.2d 600 (4th Dist. 2005), the Appellate Court reversed a circuit court decision awarding an employer a lien against a petitioner's medical malpractice settlement.
The Section Council makes a differenceBy Juliet BoydInternational and Immigration Law, June 2005This section has much to offer our members and the broader ISBA community and will continue to pursue its goal to demonstrate its relevance to all aspects of the practice of law.
Senate and House DB funding reform alternativesBy Michael Barry & Brian DonohueEmployee Benefits, September 2005(Notice to librarians: The following issues were published in Volume 23 of this newsletter during the fiscal year ending June 30, 2005: September, No. 1; December, No. 2; March, No. 3; June, No. 4).
Senate Bill 475: Cause for concern or self-generated crisis?By Laninya A. CasonHealth Care Law, December 2005On August 25, 2005, at St. Anthony’s Hospital in Alton, Illinois, Governor Rod Blagojevich signed into law, Senate Bill 475 (SB 475) which, among other things, places statutory limitations or “caps” on noneconomic damages (e.g., pain and suffering) for plaintiffs who file lawsuits against physicians and hospitals.
Senator Durbin’s efforts to obtain loan assistance for prosecutors and defenders continueBy Patrick J. HughesHuman and Civil Rights, August 2005Illinois Senior Senator Dick Durbin, who has been exceptionally persistent in the efforts to obtain federal student loan assistance for state and local prosecutors and public defenders, is responsible for the introduction of S.1322 including "Part HH-Loan Repayment for Prosecutors and Public Defenders."
The Series LLC: new Illinois law provides avenue for asset protectionBy Ted M. Niemann, Sr. & Melinda S. MadisonReal Estate Law, November 2005Asset protection is a concern to many real estate clients. In various situations, asset protection is not only beneficial but often necessary for businesses to thrive and survive or for investments to truly pay off.
Serving those who served: A guide to helping veteransBy William L. CleaverElder Law, March 2005As each day passes, more and more of our World War II and Korean War veterans are buried. We also witness the increasing number of names of Vietnam veterans in the obituary sections of the newspapers.
The seven deadly sins of business e-mailBy Eric M. RosenbergYoung Lawyers Division, April 2005Since its inception, e-mail has been hailed justifiably as a productivity tool. But why should it also be productive for the prosecutor or plaintiff as a source of evidence? What can we do as lawyers to stop the creation and dissemination of troublesome electronic communications?
