Articles From 2007

Editor’s note By Gary R. Gehlbach Real Estate Law, April 2007 The unauthorized practice of law is alive and not so well, causing problems for many unsuspecting consumers.
Editor’s note By Daniel Kegan Intellectual Property, March 2007 In October 2006 the Intellectual Property Section presented an ISBA LawEd seminar entitled, “To Disclose or Not to Disclose—The Benefits and Limitations of Non-Disclosure Agreements.”
Editor’s note By John L. Nisivaco Tort Law, March 2007 The first article of this edition, written by Yvonne M. O’Connor, discusses the Illinois Supreme Court’s decision in Marshall v. Burger King, 222 Ill.2d 422, 305 Ill.Dec. 897, 856 N.E.2d 1048 (Ill. 2006).
Editor’s note By Gary R. Gehlbach Real Estate Law, March 2007 This issue presents a look inside the workings of the Real Estate Law Section Council, the members of which are listed in this publication.
Editor’s note By William T. Kaplan Business Advice and Financial Planning, February 2007 For the first time in a very long time , your editor has nothing to comment on.
Editor’s note By Gary R. Gehlbach Real Estate Law, February 2007 I’m excited about this issue! Featured are a couple fact patterns from actual transactions, a call to arms for residential practitioners with a top 10 list of suggestions to enhance the economics of the deal, and a comprehensive analysis of the Plat Act exemptions.
Editor’s note By Gary R. Gehlbach Real Estate Law, January 2007 Margery Newman, who concentrates her practice in construction law and related matters, has provided us with a trilogy of articles that, taken together, illustrates an emerging paradigm in which businesses, especially competitors, combine resources to achieve more efficiencies.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, December 2007 Chairman Dennis Ruth has decided to seek a judgeship in Third Judicial Circuit. On September 26, the Madison St. Clair Record 2007 reported:
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, September 2007 On August 17, 2007 Chairman Dennis Ruth made the following announcement:
Editor’s notes By Daniel Kegan Intellectual Property, January 2007 A message from Editor Dan Kegan.
Editor’s notes: The survey By William T. Kaplan Business Advice and Financial Planning, June 2007 A message from Editor Bill Kaplan.
EEOC issues guidance on workers with caregiving responsibilities By Michael R. Lied Labor and Employment Law, August 2007 In May 2007, the Equal Employment Opportunity Commission issued guidance on workers with caregiving responsibilities.
Elder notes By Peter R. Olson Elder Law, May 2007 The following is a list of General Assembly bills alive:
Elder notes By Peter R. Olson Elder Law, February 2007 Elder Abuse and Neglect Act amendments provide new power to intervene
“The Electronic Lawyer” ™: Seiko’s Smart Label Printers Bring Your Firm to the Future! By Alan Pearlman Law Office Management and Economics, Standing Committee on, May 2007 At some point or another in the life of your law firm one of your staff is going to ask the ill-fated question, “Why can’t we just print one label to send this material out?
The elusiveness of the intoxication defense By Kevin S. Botha Workers’ Compensation Law, June 2007 In a recent Rule 23 decision, the Appellate Court affirmed the judgment of the Circuit Court that confirmed the decision the Worker’s Compensation Commission awarding benefits to claimant, where the defense was based on intoxication.
Eminent domain update By John H. Brechin Local Government Law, December 2007 Two recent decisions should be of interest to attorneys whose practice involves any aspect of eminent domain law.
Employee benefits update By Bernard G. Peter Corporate Law Departments, August 2007 The IRS has issued the long awaited final regulations under Internal Revenue Code (Code) Section 409A, which established new rules applicable to nonqualified deferred compensation plans.
Employers face liability for employee multitasking on the road By Sherrie Travis Corporate Law Departments, March 2007 A recent out-of-court settlement reinforces the need for employers to warn employees about the danger of electronic multitasking on the road.
Employer’s handbook rules discourage protected labor activity By Michael R. Lied Labor and Employment Law, March 2007 The lesson in Guardsmark, LLC v. N.L.R.B. is that it is important to review handbook language to assure that it does not violate Federal labor law.
Employer’s obligations under the Uniformed Services Employment and Reemployment Rights Act By John N. Maher Labor and Employment Law, March 2007   Some of the central issues that you, as an employer, may face when your employees are called to active duty are addressed in this article.
The “empty chair” defense at trial By Steven G. Pietrick Civil Practice and Procedure, January 2007 It is common for defense attorneys to speak of pointing to an “empty chair” at trial in order to shift the responsibility from their client to another entity which is not a party in the case.
Enforceability of Class Action Waivers: Kinkel v. Cingular Wireless, LLC By Allen S. Goldberg & W. Dan Lee Civil Practice and Procedure, April 2007 The Kinkel court stands for the proposition that the question of the unconscionability of a class action waiver, even if it is contained in the mandatory arbitration clause, must be determined on a case-by-case basis.
Estate and gift tax changes for 2007 By Mike Drone Agricultural Law, February 2007 Only a few changes in the estate and gift tax law go into effect in 2007.
Estate and gift tax changes for 2008 By Mike Drone Agricultural Law, December 2007 Only a few changes in the estate and gift tax law go into effect in 2008.
Estate and gift tax recent cases and rulings By Joseph P. O’Keefe & Elizabeth C. Hesselbach Federal Taxation, June 2007 At issue in this case was the estate tax valuation of a decedent’s shares in a publicly traded company.
Estate and gift tax update By Robert J. Krupp Elder Law, May 2007 Husband and Wife established an irrevocable life insurance trust for the benefit of their children by transferring two life insurance policies to the trust.
Estate and gift tax update By Robert J. Krupp Federal Taxation, March 2007 Husband and Wife established an irrevocable life insurance trust for the benefit of their children by transferring two life insurance policies to the trust.
Estate Tax Repeal By Robert J. Krupp Federal Taxation, August 2007 The debate surrounding the estate tax focuses on eliminating the tax in total or reforming it by increasing the exemption level and lowering the top rate.
Estate tax update: Estate tax reform proposals By Gregg M. Simon Trusts and Estates, October 2007 On March 21, 2007, while the Senate was considering the fiscal 2008 budget resolution (S. Con. Res. 21), Congress hinted that it just may take up estate tax reform.