Articles From 2007

Current topics in bank examinations By Michael A. Stanfa Commercial Banking, Collections, and Bankruptcy, July 2007 This article is a summary version of a one of the presentations at the Banking Law Seminar put on by the ISBA.
The defacto parent: Legal guardianship without court order or common law parents By William E. Hourigan Family Law, June 2007 The appellate court for the 4th district of Illinois has recently ruled that a person who voluntarily adopts the role of a parent stands in loco parentis and therefore is responsible for that child’s medical bills and has a right of action to collect those bills from a tortfeasor, pursuant to the Family Expense Act, even though that person is not the legal guardian.
The delayed QTIP: The Illinois Wait-n-See By Katarinna McBride Trusts and Estates, December 2007 After several frustrating and failed attempts to combine efforts with the Attorney General to structure legislation, the ISBA Trusts & Estates Section Council is taking the initiative to propose legislation amending 35 ILCS 405/2 of the Illinois Compiled Statutes.
The departed and divorced By Katarinna McBride Trusts and Estates, March 2007 Which is legally more complicated, death during a divorce or death after a divorce?
Departing officers’ and employees’ fiduciary duties By R. Stephen Scott & Randy S. Paswater Corporate Law Departments, July 2007 Many companies, large and small, face the challenge of preserving their business clients and continuing their operations after key officers have given notice of their intended separation or other termination from the business.
Depositions from a court reporter’s perspective By Andrea Trippi Else Family Law, August 2007 I have been a freelance court reporter for nine years, and in that time, many attorneys have asked some advice from me as to how to make a great record during a deposition and how to deal with court reporters generally.
Despite it all, U.S. civil liberties strong By Harry Kalven, Jr. Human and Civil Rights, December 2007 On August 5, President George W. Bush signed into law legislation that amended the Foreign Intelligence Surveillance Act of 1978 (FISA).
Did People v. McKown “Frye” the HGN test? By Christopher B. Klis Traffic Laws and Courts, December 2007 The old saying be careful of what you ask for because you just might get it, applies to all DUI practitioners. If you object at trial to the admission of the HGN based on Frye, be prepared to conduct a full hearing regarding the test. The attorneys from both sides who are the first to conduct a full Frye hearing regarding the admission of the HGN, will inevitably change the course of future DUI trials in the state.
Disclosing expert witnesses By Travis J. Ketterman Federal Civil Practice, September 2007 The Federal Rules of Civil Procedure provide a roadmap for the proper disclosure of expert witnesses.
District conflict over interpretation of Illinois FOIA? By Peter Horst Administrative Law, December 2007 The Illinois Freedom of Information Act requires public bodies to disclose public records upon request, unless the information requested falls within a limited number of statutory exemptions.
District Court enforces 18-month statute of limitations for carrier accessorial charges and a contract according to its terms By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2007 In Emmert Industrial Corporation v. Artisan Associates, Inc., 2005 WL 913129 (D.Or.), motor carrier Emmert sued broker Artisan for some $570,000 worth of packing and storage charges and other damages.
Diversity in the Legal Profession: ISBA’s commitment continues Diversity Leadership Council, June 2007 The Illinois State Bar Association has a long-standing and unwavering commitment to diversity in the legal profession and in the Association.  
Diversity in the Legal Profession: What we can do to open doors? Women and the Law, June 2007 For many persons of color, the American educational system presents a barrier, rather than a conduit, to the legal profession.
Diversity in the Legal Profession: What we can do to open doors? Diversity Leadership Council, June 2007 The Illinois State Bar Association proudly stood as a co-sponsor of the ABA resolution supporting the creation of a Diversity Pipeline to help guide young minority students to the law. With over 70 official sponsors of the resolution, Illinois stands with 20 state bar associations and numerous county, city and specialty bars, as well as ABA sections, in support of opening doors to offer opportunities to any student who aspires to a career in the law.
Diversity is a yarn, until women of color are woven into the law firm fabric By Pamela J. Roberts Women and the Law, June 2007 Most private firm business models continue to adhere to the “pay-your-dues-and-climb-the-ladder” tradition.
Diversity is a yarn, until women of color are woven into the law firm fabric By Pamela J. Roberts Diversity Leadership Council, June 2007 Regardless how accomplished a woman may be, she cannot climb, much less reach the top of, the leadership ladder unless she spends a certain amount of years in her work environment.
Diversity news Women and the Law, June 2007 The Minority Corporate Counsel Association (“MCCA”) selected the law firm of Laner, Muchin, Dombrow, Becker Levin and Tominberg, Ltd. (“Laner Muchin”) as the recipient of the Thomas L. Sager Award for the Midwest Region.
Diversity news Diversity Leadership Council, June 2007 The Minority Corporate Counsel Association selected the law firm of Laner, Muchin, Dombrow, Becker Levin and Tominberg, Ltd. as the recipient of the Thomas L. Sager Award for the Midwest Region.
A diversity pipeline success story—A new partnership develops from ISBA’s Diversity Roundtable By Alice M. Noble-Allgire Racial and Ethnic Minorities and the Law, December 2007 The Illinois State Bar Association’s diversity pipeline efforts have already spawned at least one successful new partnership, with the promise of more to come.
Diversity Roundtable: Pipeline to the future By Alice M. Noble-Allgire Women and the Law, June 2007 During the past year, the Standing Committee on Minority and Women Participation has been exploring ways that the Illinois State Bar Association can encourage more minorities traverse the educational pipeline into the legal profession.
Diversity Roundtable: Pipeline to the future By Alice M. Noble-Allgire Diversity Leadership Council, June 2007 During the past year, the Standing Committee on Minority and Women Participation has been exploring ways that the Illinois State Bar Association can encourage more minorities traverse the educational pipeline into the legal profession.
Do motions in limine preserve error? By Robert T. Park Civil Practice and Procedure, February 2007 Anticipating key evidentiary issues in an upcoming trial, you file a motion in limine to exclude certain harmful evidence.
Document process: The competitive edge in the legal profession By Raymond Snyder Law Office Management and Economics, Standing Committee on, January 2007 Law firms are beginning to realize the importance and value efficient document processes can provide.
Does a manager have to express happiness that a subordinate is pregnant? By Michael R. Lied Labor and Employment Law, August 2007 Probably not. However, failure to do so was one issue considered significant in a pregnancy discrimination case. Asmo v. Keane, Inc., 471 F.3d 588 (6th Cir. 2006).
Does a public employee have a right to closed meeting minutes of the discussion of her employment? A case review of Wisconsin Appellate Court case Sands v. Whitnall School District By Lisle A. Stalter Government Lawyers, June 2007 Although we do not typically see a discussion of cases from other states in the Government Lawyers’ newsletter, a recent decision from Wisconsin raises an interesting question.
Does size matter? Homestead and Tenancy by the entirety By Richard F. Bales Agricultural Law, November 2007 Are there limits to the size and nature of a married couple’s homestead that can be owned as tenants by the entirety?
Does size matter? Homestead and Tenancy by the entirety By Richard F. Bales Real Estate Law, August 2007 Are there limits to the size and nature of a married couple’s homestead that can be owned as tenants by the entirety?
Doing well by doing good (or, just in case you needed more reasons to do pro bono) By Howard W. Anderson, III Young Lawyers Division, October 2007 An acute shortage of legal aid attorneys throughout Illinois (and the rest of the country) means that all too many individuals must navigate the legal system alone.
Domestic ADR Happenings By Whitney Roberts Alternative Dispute Resolution, March 2007 The State Bar of Texas’ ADR section is drafting new legislation to eliminate the confusion regarding appellate motions for state and federal cases.
Don’t get pushed around By Jamie L. Bas Young Lawyers Division, August 2007 First-year associates dream of the day that they can take their first deposition and obtain the shocking confessions that the partners of their firms seem to obtain without any effort.

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