Articles From 2005

Circular 230—What to say By Jay S. Goldenberg Trusts and Estates, October 2005 Practitioners have been inundated this summer with Circular 230 articles.
City of Chicago tax increases State and Local Taxation, March 2005 The City of Chicago recently increased a number of its taxes.
City’s prohibition of truck traffic fails due to city’s designation of roadway By Christopher J. Petri & David J. Gerber Local Government Law, March 2005 On January 25, 2005, the United States Court of Appeals for the Seventh Circuit rendered a decision in Crest Hill Land Development, LLC v. City of Joliet, Case No. 04-2565, 2005 WL 147396 (7th Cir. Jan. 25, 2005) that displays how a city's description or designation of its local roadways can have an adverse effect on the city's ability to control roadway truck traffic.
Clients with no health insurance: A new way to help them get their medical bills paid By Michael J. Marovich Civil Practice and Procedure, November 2005 It is not uncommon, as a practicing Plaintiff’s personal injury attorney, to get a new client with catastrophic injuries and humongous medical bills.
Closing a criminal hearing By Thomas A. Bruno Bench and Bar, December 2005 In People v. LaGrone, the Fourth District Appellate Court reviewed the trial’s court’s decision to close the hearings on motions in limine and to suppress evidence in a case wherein Amanda Hamm and her boyfriend, Maurice LaGrone are charged with the drowning murder of Amanda’s children.
CMS proposes changes in hospital conditions of participation: Changes in medical staff bylaws, procedures, and credentialing are likely Health Care Law, June 2005 The Centers for Medicare & Medicaid Services ("CMS") of the U.S. Department of Health and Human Services ("HHS") has published a new proposed regulation modifying four hospital conditions of participation in the Medicare and Medicaid programs.
Co-editor’s notes By Richard D. Hannigan Workers' Compensation Law, August 2005 A message from Editor Rich Hannigan.
Co-editor’s notes By Richard D. Hannigan Workers' Compensation Law, June 2005 As of this writing sweeping amendments have been added to the Act and placed before the Governor. There is every reason to believe that by the time you read this, they will be signed into law.
Collection procedure update By William M. Gasa Federal Taxation, March 2005 The reaction of the professional community to the IRS Restructuring and Reform Act of 1998 (RRA98) signed by President Clinton on July 22, 1998 was that there would be a "kinder and gentler" IRS.
Coming to a courtroom near you—Evidence-based practices By Thomas Riggs Child Law, November 2005 In the fall of 2003, Illinois was chosen as one of the two states nationwide to launch a project entitled “Implementing Effective Correctional Management of Offenders in the Community.”
Committee on Government Lawyers hosts brown-bag luncheon seminar By Dion Davi Government Lawyers, September 2005 On April 29, 2005, the ISBA’s Committee on Government Lawyers co-sponsored the brown-bag luncheon seminar, “What’s Next for a Government Attorney.”
Committee on Government Lawyers presents CLE seminar By Nancy G. Easum Government Lawyers, June 2005 On March 7, 2005, the Committee on Government Lawyers (CGL) sponsored the seminar, "Basics of the Legislative Process."
Communications and confidentiality issues: A cautionary tale Government Lawyers, February 2005 As conversations over mobile communications are often not conducted in private areas, lawyers should refrain from using such forms of communication when discussing confidential client matters, unless they are confident that the general public cannot overhear the conversation
Comparison snapshot of Illinois state and federal depositions: Types of depositions and how they are used By Michael S. Seneca Federal Civil Practice, May 2005 Illinois state courts draw a distinction between a discovery deposition and an evidence deposition. Ill. S. Ct. Rule 202.
The Computer Fraud and Abuse Act: A new weapon in the trade secrets litigation arena By Daniel J. Winters & John F. Costello, Jr. Intellectual Property, April 2005 Businesses often face the threat of a disgruntled or conniving departing employee stealing trade secrets or other confidential business information in the period preceding his resignation.
Concerns about voluntariness and reliability of juvenile confessions led to new law on recording By John Gleason Child Law, July 2005 Section 5-401.5 of the Juvenile Court Act encourages, and in a sense requires, police and prosecutors to audiotape or videotape their custodial interrogations of juveniles in homicide and sex-crime cases.
Concierge care characteristics and considerations for Medicare Health Care Law, September 2005 Editor's Note: "Concierge care," as an emerging form of private medical practice, has generated controversy. In its August 12, 2005 report, "Concierge Care Characteristics and Considerations for Medicare, (GAO-05-929) the Government Accountability Office examined concierge care and analyzed its relationship with the Medicare program.
Confidentiality clauses may cause tax liability for plaintiffs in personal injury actions By Michael J. Marovich Civil Practice and Procedure, November 2005 After litigating a case for years, a just and fair settlement is reached between the parties.
Consider the Benefits of Section Council Membership Corporate Law Departments, July 2005 In this day of the Blackberry, e-mail, instant messaging and 24/7 access to work, the demands on our time continue to increase.
The contract for hire: Is it the exclusive test for determining jurisdiction? By Cameron B. Clark Workers' Compensation Law, March 2005 The First District Appellate Court addressed the issue as to whether the site of the contract for hire is the exclusive test for determining the applicability of the Illinois Workers' Compensation Act to persons whose employment is outside of the state of Illinois where the contract for hire is made within Illinois.
Conviction for DUI that results in bodily injury is not a crime of violence or aggravated felony warranting deportation under the Immigration Act By Pradip K. Sahu International and Immigration Law, March 2005 In November 9, 2004, the United States Supreme Court issued its decision in the case of Leocal v. Ashcroft.
Copyright in the digital age By Peter LaSorsa Corporate Law Departments, July 2005 In the information age the risk of infringing another's copyright protected work has never been higher.
Corporate and partnership tax update By James S. Zmuda Federal Taxation, May 2005 The Internal Revenue Service ("IRS") has issued final regulations regarding qualified real estate investment trust ("REIT") subsidiaries, qualified subchapter S subsidiaries and single-owner eligible entities that are disregarded as entities separate from their owners.
Corporate and partnership tax update By James S. Zmuda Federal Taxation, March 2005 The Internal Revenue Service ("IRS") has issued final regulations that exempt employers from depositing FUTA taxes until their FUTA tax liability exceeds $500.
Corporate assumed name basics By Jodi K. Plagenz Intellectual Property, December 2005 What if a corporation, for marketing or other business purposes, decides to use a name other than its legal name without making it ‘official’?
Corporate assumed name basics By Jodi K. Plagenz Corporate Law Departments, September 2005 You heard it in your high school freshman literature class and hundreds of times since: Juliet speaks this line, intent on convincing Romeo that his last name means nothing to her. “What’s in a name? That which we call a rose by any other name would smell as sweet.”
Corporations are paying more for in-house lawyers, new survey reports Corporate Law Departments, October 2005 The 2005 Altman Weil Law Department Compensation Benchmarking Survey of U.S. corporate law departments has just been released.
Court finds no FMCSR duty stated against motor carrier or shipper for loading issues By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2005 In Turner v. Goodyear Tire & Rubber Co., No. 02 C-5012 (12/1/04), Judge Samuel DerYeghiayan of the U.S. Court for the Northern District of Illinois held that the Federal Motor Carrier Safety Regulations (“FMCSA”) in 49 C.F.R. Part 390 et seq. created no duty for either motor carriers or shippers regarding the loading or unloading of interstate shipments on private property.
Court unlocks barn door on employer’s right to maintain a stable work force By Jay Dobrutsky Corporate Law Departments, March 2005 For years employers have routinely included provisions in their non-competition agreements to restrict former employees from hiring away other employees.
The covenant to reasonably develop implied in an Illinois oil and gas lease By John C. Robison, Jr. Mineral Law, December 2005 When an oil and gas lease has been extended into its secondary term, there are at least two events that may cause the lease to terminate.

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