Articles From 2007

Basic income taxation of entities and their owners By James A. Nepple Business Advice and Financial Planning, June 2007 This article reviews how entities and their owners are taxed as sole proprietorships, partnerships, and corporations.
Before implementation—What is an elder law attorney to do about the Deficit Reduction Act? By Anthony J. DelGiorno Elder Law, May 2007 It’s been just over a year since the enactment of the Deficit Reduction Act of 2005 (DRA), and Illinois has until July 2007 to implement the federally mandated changes to eligibility for Medicaid.
The benefits of mandatory arbitration in Illinois By Randall Edgar General Practice, Solo, and Small Firm, March 2007 From its inception through the Mandatory Arbitration Act of January 1, 1986, the concept of the Mandatory Arbitration Hearing in Illinois has caused many attorneys to question the benefit and purpose of these “mini hearings.”
Bill status report By Stephen Olson Commercial Banking, Collections, and Bankruptcy, October 2007 Recent legislation of interest.
Book drive for immigration detainees By Cindy G. Buys International and Immigration Law, March 2007 For the past two years, students and faculty from Southern Illinois University (SIU) have been visiting immigration detainees held at the Tri-County Justice and Detention Center (Tri-County) in Ullin, IL to conduct “Know Your Rights” presentations and to assess whether the legal needs of the immigration detainees are being met.
Book review By Heather M. Fritsch Young Lawyers Division, December 2007 “You’re going to give yourself a heart attack if you keep eating like that,” she said, frowning. George waived away her concern. “At the first sign of arrhythmia I’ll ask God for a continuance.”
Book review By Heather M. Fritsch Young Lawyers Division, October 2007 “A jury is twelve people who decide who has the best lawyer.”
Book review By Heather M. Fritsch Young Lawyers Division, August 2007 A review of The Last Juror by John Grisham.
Book review By Heather M. Fritsch Young Lawyers Division, June 2007 That morning, change was in the air. But of all the people who had gathered in the courtroom, of all the justices and officials and lawyers and former clerks, only O’Connor and Rehnquist knew how much…
Book review By Heather M. Fritsch Young Lawyers Division, April 2007 A review of The Alibi, by Sandra Brown.
Book review By Heather M. Fritsch Young Lawyers Division, February 2007 “This addictive tale of a young lawyer defending a black Vietnam war hero who kills the white druggies who raped his child in tiny Clanton, Mississippi, is John Grisham’s first novel, and his favorite of his first six."
Book Review: Scam-Proof Your Life, 377 Smart Ways to Protect You & Your Family from Rip-offs, Bogus Deals & Other Consumer Headaches by Sid Kirchheimer By Kristi Vetri Elder Law, June 2007 Our clients get scammed everyday at work, at home, even when on vacation. Sid Kirchheimer, consumer crusader and AARP scam specialist, interviewed consumer protection experts, industry insiders, even the con artists and crooks.
Books Employee Benefits, October 2007 In Mertens v. Hewitt Assocs., the Supreme Court stated the obvious: ERISA is “enormously complex.”
Brand Extension—Popular and perilous: American Red Cross expansion invokes Laches By Daniel Kegan Intellectual Property, September 2007 In the past three decades, one analyst concludes “intellectual property and intangible assets have become the dominant assets of major corporations.”
Bulgaria’s accession to the EU—What does this mean for you and your clients? By Peter Petrov International and Immigration Law, January 2007 Bulgaria is a parliamentary republic located in south Eastern Europe with a population of 7.3 million and a territory slightly larger than Tennessee.
Can a contract be enforced against a third-party beneficiary? By Timothy J. Londrigan Tort Law, April 2007 The Fourth District Appellate Court addressed the issue of whether a contractual claim for subrogation could be enforced against a passenger in an automobile whose medical bills were paid out of the driver’s medical pay insurance policy, in American Family Group v. Cleveland, 356 Ill.App.3d 945, 827 N.E.2d 490 (4th Dist. 2005).
Can a corporation file a complaint for administrative review? Siakpere says no. By J.A. Sebastian Administrative Law, August 2007 In a recent appellate court decision, Siakpere v. City of Chicago, the Illinois appellate court reminds practitioners that a complaint filed by a non-lawyer on behalf of a corporation is null and void from the beginning.
Can a single strand of beads hanging from the rearview mirror form the basis for a legitimate traffic stop? By J. Brick Van Der Snick Traffic Laws and Courts, March 2007 In People v. Ronald Cole, the Illinois Appellate Court for the Fourth District held that a single strand of beads hanging from a defendant’s rearview mirror, without materially obstructing the defendant’s view, could not form a legitimate basis for a traffic stop of the defendant.
Can an unlicensed law firm recover in a suit for attorney fees? By Hon. Daniel T. Gillespie Civil Practice and Procedure, May 2007 One interesting aspect of contract law is that, if a contracting party is not properly licensed, the party may not be able to recover in a contract action for nonpayment of fees earned.
Can an unlicensed law firm recover in a suit for attorney fees? By Hon. Daniel T. Gillespie Civil Practice and Procedure, January 2007 One interesting aspect of contract law is that, if a contracting party is not properly licensed, the party may not be able to recover in a contract action for nonpayment of fees earned.
Can you see me now? Today’s Web conferencing By Peter Mierzwa Legal Technology, Standing Committee on, November 2007 While Web conferencing should never completely replace face-to-face meetings as those are critical to strengthening relationships, its effective use can be a boon to productivity at the right price. This article provides a brief overview of the state of Web conferencing and some of the major service providers.
Cancellation of debt & Section 108 By Gregory A. Zbylut Federal Taxation, October 2007 In recent years, with interest rates at their lowest levels and banks seemingly giving away mortgages, owning one’s own home never seemed easier.
Candygram: Serving complaints and subpoenas on local governments By Iain D. Johnston Local Government Law, March 2007 Local governments are often served with various legal documents relating to litigation. The three most common types of these documents are (1) summons/complaint, (2) subpoenas, and (3) complaints for administrative review.
Car dealers—Don’t get stuck with a lemon for an estate plan By Martin P. Ryan, Bill Kelly, & Ira Levin Corporate Law Departments, October 2007 Automobile dealers spend their lifetimes building dealerships into profitable and valuable enterprises.
Case law highlight: Illinois Appellate Court applies “professional services” exclusion in general liability policy to claim of negligent hiring and supervision of a professional By Daniel J. Zollner Insurance Law, December 2007 In a recent opinion, the Illinois Appellate Court gave the Professional Services exclusion in a General Liability policy an “expansive meaning” and applied the exclusion to claims relating to negligent hiring and supervision of professionals.
Case law update By Samuel H. Levine Real Estate Law, July 2007 Recent cases of interest to real property practitioners.
Case law update By Catherine M. Ryan Child Law, March 2007 At the close of last year, the Illinois Supreme Court issued rulings on two issues related to constitutional matters.
Case names and holdings Insurance Law, December 2007 Recent cases of interest, arranged alphabetically.
Case names and holdings Insurance Law, September 2007 A list of the cases in this issue, arranged alphabetically.
Case names and holdings Insurance Law, January 2007 A listing of recent cases, arranged alphabetically.