Section Newsletters

Articles From 2007

To BlackBerry or not to BlackBerry? By Trent L. Bush Legal Technology, Standing Committee on, June 2007 That is the question our firm recently faced as our mobile phone contracts were about to expire.
To delete or not to delete: State Records Act implications for integrated justice systems By Kathleen deGrasse & Wil Nagel Government Lawyers, March 2007 Criminal justice agencies’ reliance on electronic records management systems has drastically reduced the amount of paper-based data maintained by the justice system.
To have and to help: University administrators reflect on involuntary withdrawal policies By Eileen G. Sullivan & Brian O. Hemphill Education Law, July 2007 Colleges and universities have varied in their approach to dealing with the establishment of an Involuntary Withdrawal Policy for students with psychological disorders.
To lead or to manage By Maximilian M. Prusak Law Office Management and Economics, Standing Committee on, January 2007 If your office is not acting as a team working for the same goal, try a little less management and a little more leadership.
The top 10 things they did not teach me in law school By Dennis A. Norden Family Law, October 2007 Upon starting the actual practice of our profession, nearly every attorney begins to realize how little he or she knows.
A tort plaintiff, but no defendant By Michelle L. LaFayette Workers’ Compensation Law, December 2007 To the workers’ compensation practitioner, it is well-established a worker can only seek compensation from his employer pursuant to the provisions of the Workers’ Compensation Act or the Occupational Diseases Act for injuries arising out of and in the course of his employment. See, 820 ILCS 305/1 et seq.
Township authority to fix problem properties By Sheryl H. Kuzma Local Government Law, December 2007 The Illinois Municipal Code has provisions for cutting overgrown weeds and demolishing dilapidated buildings, but what can a township do to remedy problem properties?
The Tradition of Excellence Award General Practice, Solo, and Small Firm, February 2007 The General Practice, Solo and Small Firm Section has established a Tradition of Excellence Award. ISBA members in Illinois who have been in practice a minimum of 20 years, including sitting or retired judges, are eligible.
Traditional patent license negotiations result in declaratory judgment jurisdiction after MedImmune By Reginald J. Hill Intellectual Property, June 2007 The Court of Appeals for the Federal Circuit makes clear in its recent decision in SanDisk Corp. v. STMicroelectronics, Inc., that the landscape for declaratory judgment jurisdiction has certainly changed after the MedImmune case.
The transatlantic partnership and its implications to the economies of the United States and the European Union By Oana Pantilimon International and Immigration Law, April 2007 The United States and the European Union are the two greatest powers in the world today.
Transfer of marital residence found fraudulent by Bankruptcy Court By Matthew G. Shaw Family Law, April 2007 Most family law practitioners experience the dissolution case that is fraught with financial problems.
Treasury issues final regulations on Section 409A Executive and Deferred Compensation Restrictions By Brian M. Pinheiro, Barry L. Klein, & Mary J. Mullany Corporate Law Departments, May 2007 After months of anticipation, the U.S. Treasury Department has issued final regulations under Section 409A of the Internal Revenue Code.
Treasury Issues Updated 409A Guidance By John H. Lowell Corporate Law Departments, February 2007 Last month, the Treasury Department issued Notice 2006-100, which provides updated guidance on withholding and wage reporting requirements for 2005 and 2006 under Internal Revenue Code Section 409A regarding nonqualified deferred compensation.
Trouble, with a capital “T” By Michael J. Rooney Real Estate Law, August 2007 There can be some serious pitfalls facing a lawyer who neither knows nor clarifies who the client is and what that client really wants to accomplish.
A trustee you can trust: Responsibilities and liabilities of trustees By Karen MacKay & Gerry Ring Corporate Law Departments, May 2007 The following are things you should consider when selecting a trustee.
Twenty-second Judicial Circuit comes to life By Hon. Michael J. Chmiel Bench and Bar, June 2007 On December 4, 2006, the Twenty-Second Judicial Circuit of the State of Illinois came to life.
Union not entitled to employee e-mail addresses By Michael R. Lied Labor and Employment Law, November 2007 In Trustees of Columbia University, Case 2-RC-22355 (August 9, 2007), a majority of a panel of the National Labor Relations Board (“Board”) found the employer did not violate the law when it refused to provide the union with e-mail addresses of eligible voters.
United States Supreme Court crystallizes time limitation for EEOC claims By Daniel K. Wright Labor and Employment Law, November 2007 In Ledbetter v. Goodyear Tire & Rubber Co., Inc., the United States Supreme Court held that an employee who has suffered a discriminatory pay decision must file a questionnaire with the Equal Opportunity Employment Commission (EEOC) within 180 days of such decision in order to preserve a cause of action under Title VII for individual sex discrimination in pay and raises.
United States Supreme Court to resolve split in circuits over implied right of contribution under Section 107(a) of CERCLA By Joseph R. Podlewski, Jr. Environmental and Natural Resources Law, April 2007 Until the Supreme Court rules in the Atlantic Research case, the Seventh Circuit’s decision in Metropolitan Water Reclamation District of Greater Chicago v. North American Galvanizing & Coatings, Inc. establishes the law for CERCLA litigants in Illinois. 
Update of recent cases By Frank M. Grenard Corporate Law Departments, December 2007 Recent issues of interest to corporate attorneys.
Update on Illinois Targeted Tenders under John Burns: Businesses reduce costs through the shifting of defense and indemnification costs Insurance Law, April 2007 With two additional decisions on targeted tenders and an answer to the decade-old question of horizontal exhaustion, it seems an appropriate time to review where we are with targeted tenders.
An update on Terrorism Risk Insurance By Laura Kotelman Insurance Law, January 2007 On November 26, 2002, the President signed into law the Terrorism Risk Insurance Act of 2002 (“TRIA”).
U.S. Magistrate Judge Ian H. Levin By Patricia M. Fallon Federal Civil Practice, March 2007 U.S. Magistrate Judge Ian H. Levin retired on July 1, 2006 after 17 years of dedicated service to the bench.
U.S. Supreme Court leads PRPs back to §107(a) for cost recovery under CERCLA By Kyle Rominger Environmental and Natural Resources Law, October 2007 In a unanimous decision, the United States Supreme Court has ended recent uncertainty regarding cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”).
Use caution when filing death case following nursing home neglect By Eric J. Parker Elder Law, February 2007 Nursing home neglect litigation is an often poorly understood area of practice.
Use of literature at trial: “Authoritative” is not the only magic word By Scott D. Lane Tort Law, March 2007 Presently, literature such as treatises, journals, and articles are inadmissible as substantive evidence in Illinois courts. Basically, literature can be used for two purposes.
Use the Web, but don’t let it use you By Matt Arbogast Young Lawyers Division, August 2007 On June 29, 2007, an unbelievably large number of people waited in line for hours, some for days, to get their hands on iPhones.
Utility law update By Michael S. Pabian Energy, Utilities, Telecommunications, and Transportation, November 2007 On July 26, the General Assembly finalized passage of Senate Bill 1704, which signaled another significant accomplishment in the state’s effort to secure FutureGen. FutureGen is a public-private partnership to design, build, and operate the world’s first coal-fueled, near-zero emissions power plant, at an estimated net project cost of $1.5 billion.
Utilization of paralegals in Illinois: The secret to a more efficient and profitable law practice By Tom Higgins Family Law, November 2007 In growing numbers, Illinois law firms have pursued the opportunity to hire a qualified paralegal in circumstances that may have dictated hiring a new associate in the past.
Utilization of paralegals in Illinois: The secret to a more efficient and profitable law practice By Tom Higgins Law Office Management and Economics, Standing Committee on, January 2007 In growing numbers, Illinois law firms have pursued the opportunity to hire a qualified paralegal in circumstances that may have dictated hiring a new associate in the past.