Articles From 2007

“Insuring” success: Arbitrating insurance coverage disputes in London By Lorelie S. Masters Alternative Dispute Resolution, October 2007 Today, Bermuda is one of the largest markets for commercial property casualty insurance.
Intangible holding companies under increased fire by state taxing agencies By Stanley R. Kaminski State and Local Taxation, December 2007 Massachusetts has now joined the growing list of states asserting taxable nexus (i.e., jurisdiction) over Intangible Holding Companies (“IHCs”). See, Geoffrey, Inc. v. Commissioner of Revenue, Mass. App. Tax Board, C271816 (July 24, 2007).
Intellectual property law for the general practice attorney By Preston H. Smirman & David A. Burns Labor and Employment Law, March 2007 While the topic of IP law may seem intimidating, the intended purpose of this article is to “demystify” this area of the law. 
Internal Revenue Service liaison update By Thomas F. Arends Federal Taxation, March 2007 The editorial staff of the Newsletter would like to inform members of the Section that Mr. Thomas Arends of the Council currently serves as liaison for the Section to the Internal Revenue Service.
International ADR happenings By Steve Mroczkowski Alternative Dispute Resolution, March 2007 The United Nations’ highest court exonerated Serbia of direct responsibility for genocide in Bosnia in the early 1990s but ruled that Serbia failed to prevent the genocidal slaughter of Bosnian Muslims at Srebrenica.
International happenings By Steve Mroczkowski Alternative Dispute Resolution, February 2007 The International Centre for Dispute Resolution, the international division of the American Arbitration Association, hosted a delegation of representatives from the Inter-American Commercial Arbitration Commission (IACAC) and members of the American Chambers of Commerce (AMCHAMs) of Latin America (AACCLA).
Interviewing children, Part II By Kathryn Bischoff Child Law, September 2007 This article is part two of a two-part series begun last year containing practical tips for interviewing children.
The invalidation of Illinois’ ballot access law: Good news for voters who seek choice in elections : Lee v. Keith, (7th Cir., 2006) 463 F.3d 763 By Patrick M. Kinnally Human and Civil Rights, March 2007 Since 1980, not a single independent candidate has qualified as a candidate for an Illinois General Assembly. Unless a person can demonstrate he is within a recognized political party or can qualify as a “new party” candidate (Green, Libertarian etc.), he is effectively deprived from candidacy.
Inverse condemnation in the Illinois courts By John H. Brechin Local Government Law, June 2007 Inverse condemnation refers to a claim by a property owner that government through its regulations has substantially reduced the value of the owner’s property.
An invitation to all to take a “Darrow Day” By Sandra Crawford Women and the Law, January 2007 What, you may ask, is a “Darrow Day?” It is not delaying or deferring living a full, rewarding, joyful life while we put “more grain in the barn”
IPI notes and comments: Dicta or Law? By Susan M. Brazas Civil Practice and Procedure, January 2007 Many trial attorneys can attest to the uphill battle faced by anyone proposing departure from IPI, the Illinois Pattern Jury Instructions.
IRS Collection Financial Standards Federal Taxation, October 2007 Effective October 1, 2007, the IRS Collection Financial Standards for use in calculating repayment of delinquent taxes have been revised.
IRS Extends Section 409A Transition Relief and Deadlines to December 31, 2008 By Brian M. Pinheiro & Jacquelyn M. Gray Corporate Law Departments, November 2007 On October 22, 2007, the Internal Revenue Service issued Notice 2007-86, which provides relief through 2008 for amending nonqualified deferred compensation plans to comply with the final regulations issued under Section 409A of the Internal Revenue Code, and a much-needed extension of certain transition relief through 2008.
IRS offers limited relief from year-end deadline for compliance with Code Section 409A By J. Paul Jacobson Corporate Law Departments, November 2007 On September 10, 2007, the IRS released Notice 2007-78 (the “Notice”), containing a limited extension of the deadline for bringing documents into compliance with Code Section 409A.
IRS Stakeholder Liaison Federal Taxation, October 2007 Information of interest to tax practitioners.
IRS still not charitably driven when clients steer IRAs to trusts By Michael Cyrs Trusts and Estates, March 2007 The Internal Revenue Service is still a miser when it comes to trusts and individual retirement accounts. In a recent internal legal memorandum (Internal Legal Memorandum 200644020 “ILM”) the Internal Revenue Service (“Service”) concluded that a transfer of an individual retirement account (“IRA”) to charity to satisfy a legacy from a trust was taxable to the trust as income in respect of the decedent under Internal Revenue Code Section 691(a)(2).
IRS Telephone Directory for Practitioners Federal Taxation, October 2007 Information of interest to tax practitioners.
Is a treating physician required to be disclosed as an expert testimony in DUI prosecution? By J. Brick Van Der Snick Traffic Laws and Courts, January 2007 In the People v. Paul Cortez, the Illinois Appellate District held the testimony of the emergency room treating physician was not required to be disclosed as an expert testimony in the prosecution for DUI pursuant to Supreme Court Rule 412.
Is it the dawning of the age of enforced compliance? U.S. Customs and Border Protection Quick Response Audits (QRAs) By Jessica T. DePinto Corporate Law Departments, March 2007 U.S. Customs and Border Protection (CBP) administers the Tariff Act of 1930, the Trade Agreements Act of 1979, and the North American Free Trade Agreement Implementation Act and Customs Modernization Act (1993).
ISBA / YLD 3RD ANNUAL GOLF CLASSIC Young Lawyers Division, February 2007 We are pleased to announce that the ISBA/YLD 3rd Annual Golf Classic to benefit the Illinois Bar Foundation YLD’s Children’s Assistance Fund will be held on Monday, July 23, 2007 at Indian Lakes Resort in Bloomingdale, Illinois.
ISBA Board of Governors approves proposed legislation concerning Lockett decision problems By Carl R. Draper Administrative Law, November 2007 A final decision or order adverse to a party (other than the agency) in a contested case shall be in writing or stated in the record.
ISBA Ethics Advisory Opinion 94-1 Real Estate Law, November 2007 This opinion is also available at http://www.isba.org/sites/default/files/ethicsopinions/94-01.pdf.
ISBA Human Rights Section Council member wins case for victims of Dictator Alberto Fujimori By Sean O’Brien Human and Civil Rights, March 2007 A team of Notre Dame law professors and LL.M students has won an important case before the Inter-American Court of Human Rights, establishing Peru’s responsibility for human rights violations during the dictatorship of former President Alberto Fujimori.
ISBA Opinion 94-1: The essential role of the lawyer in real estate transactions By Peter J. Birnbaum & Stephen J. Bochenek Real Estate Law, November 2007 In July of 1994, the ISBA Professional Conduct Committee issued Opinion 94-1.
ISBA Task Force on Diversity By E. Lynn Grayson Racial and Ethnic Minorities and the Law, December 2007 On October 30, 2007, the Task Force on Diversity held its first organizational meeting in Chicago.
ISBA Trusts & Estates Section Council minutes from the April 20, 2007 meeting in Peoria, Illinois Trusts and Estates, June 2007 Mark Zumdahl, Chairman, called the meeting to order at 12:01 p.m.
ISBA/Young Lawyers Division 3rd Annual Golf Classic By Kelley A. Gandurski Young Lawyers Division, June 2007 Preparation for the ISBA / YLD 3rd Annual Golf Classic is well underway.
It’s not just paperwork: Insuring due process in the service of summons By Patrick M. Kinnally Civil Practice and Procedure, October 2007 When discord arises requiring litigation, equity requires the playing field to be even for both the plaintiff and the defendant.
JCAR insists on its own system of statutory citation By Marc Christopher Loro Administrative Law, April 2007   This article relates the frustrating journey of the author's disagreement with JCAR, examines (or speculates on) the legal basis for JCAR’s system of statutory citation, and suggests some solutions to this conflict.
Joint Venture Agreements: doing construction projects together By Margery Newman Real Estate Law, January 2007 A joint business venture, such a joint venture, is an organization where both members form a new entity, owned by both of them.