Articles From 2006

Supreme Court makes retaliation claims more dangerous for employers By Michael R. Lied Labor and Employment Law, August 2006 Claims of retaliation have been increasing in recent years. For example, the Equal Employment Opportunity Commission has received more than 22,000 charges alleging retaliation in each of the last five years.
Supreme Court modifies repetitive trauma standard By Mark Cosimini Workers’ Compensation Law, December 2006 Repetitive trauma cases have been recognized in Illinois since the Peoria Belwood decision was issued by the Supreme Court of Illinois.
Supreme court rules and custody: A summary By Hon. Barbara Crowder Bench and Bar, June 2006 The Supreme Court has established new rules that will dramatically change—and hopefully improve—custody and visitation procedures and outcomes.
Supreme Court will hear global warming case Environmental Law, September 2006 Just as this issue is going to press, the United States Supreme Court agreed to resolve the pending dispute related to the scope of USEPA’s regulatory powers with regard to carbon dioxide, one of the principle greenhouse gases emitted from motor vehicles.
The Supreme Court’s decisions in Arthur Andersen and Dura Pharmaceuticals By Ben Bartels & Charles W. Murdock Business and Securities Law, January 2006 In Arthur Andersen LLP v. United States, 125 S.Ct. 2129, a unanimous Supreme Court overturned an obstruction of justice conviction for Enron’s chief auditor, Arthur Andersen.
Sweepstakes and promotions: The fine art of the fine print By Dina Ross Corporate Law Departments, September 2006 If your organization is planning to hold a sweepstakes or promotional giveaway, especially if you intend to hold it online, don’t forget the fine print. Sweepstakes and promotions are heavily regulated by federal and state laws and the Federal Trade Commission.
Sweepstakes and promotions: The fine art of the fine print By Dina Ross Corporate Law Departments, May 2006 If your organization is planning on holding a sweepstakes or promotional giveaway, especially if you intend to hold it online, don’t forget the fine print.
Take me out to the ballgame By Heather M. Fritsch Young Lawyers Division, June 2006 On April 28 - 29, 2006, members of the Young Lawyer’s Division traveled to St. Louis, Missouri for a YLD business meeting.
The taming of the rude By Michael B. Hyman Bench and Bar, July 2006 Lack of civility concerns every judge and lawyer who takes pride in our profession.
Taming the paper tiger By Trent L. Bush Legal Technology, Standing Committee on, March 2006 The goal in moving toward a paperless office and thereby taming the paper tiger is to get our files under control.
Tax and estate planning for year-end and looking ahead to 2007 By Karen MacKay & Gregory M. Winters Corporate Law Departments, December 2006 A summary of some of the more noteworthy changes to the tax law over the past year, along with planning opportunities you might consider prior to year-end. 
Tax and trust fund issues By Richard M. Colombik & Linda Godfrey Business Advice and Financial Planning, June 2006 A look at the legal difficulties that business owners may encounter when corners are cut with the Internal Revenue Service.
“Tax Expenditures” For FY 2007 Employee Benefits, June 2006 Health and welfare and pension plans receive favorable treatment under the Internal Revenue Code: employers get an immediate deduction for the contributions, and employees can defer or avoid altogether income taxes on the benefits.
Tax incentives for historic residences By David Dwyer Young Lawyers Division, February 2006 Significant real estate tax incentives are available for owners of historic buildings in Illinois
Tax Increase Prevention and Reconciliation Act of 2005: Summary of individual income tax provisions By Thomas F. Arends Federal Taxation, September 2006 On May 17, 2006, President Bush signed into law H.R. 4297, the Tax Increase Prevention and Reconciliation Act of 2005.
The tax that seems to continually generate money—cigarette taxes (Or at least that appears so for the present) By Julie-April Montgomery State and Local Taxation, January 2006 To smoke or not to smoke. Who really cares today? As far as government is concerned, to smoke is to give generous “sin tax” money to state and local governments.
Taxation of compensatory damages for emotional distress and loss of reputation is unconstitutional By Michael R. Lied Labor and Employment Law, September 2006 Good lawyering sometimes shakes up the law. Consider Murphy et al. v. Internal Revenue Service, et al. 2006 WL 2411372 (CA DC 2006).
Teacher handcuffs benefits By Cameron B. Clark Workers’ Compensation Law, January 2006 In Rotberg v. Industrial Commission, the Illinois Appellate Court, in a decision delivered by Justice Hoffman, reviewed the decision of the Commission denying workers’ compensation benefits to a teacher.
Technology trends for 2006 By Todd H. Flaming Legal Technology, Standing Committee on, March 2006 The tools available to lawyers and standards we are expected to follow are evolving. 
Ten suggested steps to ensure cost-effective e-discovery preparedness By Sonya D. Naar & R. Matthew Hiller Corporate Law Departments, November 2006 The amendments to the discovery provisions of the Federal Rules of Civil Procedure, which deal primarily with how electronically stored information (“ESI”) is to be handled by parties to federal litigation, are set to take effect on December 1, 2006.
Termination of Parental Rights in Illinois and The Americans With Disabilities Act By Lori DeYoung & Alan Novick Child Law, June 2006 Assessing the risk of child maltreatment in order to prevent an initial incident or reoccurrence of injury is a critical duty of professionals working in child protective services.
Thank You By Chris S. Haaff Young Lawyers Division, August 2006 I am humbled and amazed at the excessive amount of unnecessary gratitude I have received for chairing the ISBA Law Student Committee for more than six years through April 2006.
Things to bear in mind when moving to dismiss under Rule 12(b) By Judge James F. Holderman Federal Civil Practice, March 2006 A motion to dismiss under Federal Rule of Civil Procedure 12(b) can be an effective way for an attorney defending a party in a federal civil case to curtail the litigation against his or her client. Any attorney contemplating filing such a motion, however, should bear several things in mind.
Third Circuit requires written notice as a condition precendent for Carmack amendment cargo claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2006 In S & H Hardware & Supply Co. v. Yellow Transportation, Inc., 432 F.3d 550 (3rd Cir., 12/19/05), the U.S. Court of Appeals for the Third Circuit rejected a Carmack Amendment cargo loss and damage claim brought under 49 U.S.C. §14706 because the claimant did not file a written notice of loss or damage within nine months of the delivery date.
Thoughts about conflicts of interest By J.A. Sebastian Administrative Law, November 2006 A good friend in another state practices in a highly regulated industry, represents people before the state agency, and has written and lectured extensively in that field.
Thoughts on the creation of the United Nations Human Rights Council By Mark E. Wojcik International and Immigration Law, May 2006 The U.N. Human Rights Commission had been created with good intentions for protecting and promoting international human rights law, but along the way the countries who were elected to membership on the Commission had terrible human rights records.
Thoughts on the creation of the United Nations Human Rights Council By Mark E. Wojcik Human and Civil Rights, April 2006 The U.N. Human Rights Commission had been created with good intentions for protecting and promoting international human rights law, but along the way the countries who were elected to membership on the Commission had terrible human rights records.
The three flavors of Adobe Acrobat: A litigation perspective By Greg Krehel Legal Technology, Standing Committee on, March 2006 Adobe System’s ubiquitous Acrobat software comes in three primary versions: the free Reader, the $299 per-license Standard version and the $449 per-license Professional version.
Three strikes and you’re out: Judges talk about technology in the courtroom By Sharon D. Nelson & John W. Simek Bench and Bar, June 2006 Recently, we had the pleasure of hearing the thoughts of three tech-savvy judges about the use of technology in their courtrooms.
Title, legal, ethical and other real estate issues By Robert Duffin & Myles Jacobs Real Estate Law, May 2006 On a periodic basis, this newsletter will present real issues encountered by real estate attorneys.

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