Section Newsletters

Articles From 2008

Encouraging good corporate governance By Jacob Frost Business Advice and Financial Planning, December 2008 Aside from drafting Subscription Agreements, Articles of Incorporation, and By-Laws, there is more to advising corporate clients, and particularly small or closely held corporations, with regard to their compliance with corporate formalities.
Enforceability of contractual severance provisions in the public sector By John H. Brechin Local Government Law, February 2008 In Village of Oak Lawn v. Faber, 1-06-2622, decided December 21, 2007, the 1st District Appellate Court considered whether a severance package offered to Mr. Faber passed legal muster.
Enforcing settlement agreements in federal court: A cautionary note and advice By William L. Niro Federal Civil Practice, September 2008 More often than not, litigation ends with a settlement agreement between the adverse parties.
‘Equitable redemption’ from tax sale affirmed where no tax deed had yet issued By Timothy E. Moran State and Local Taxation, February 2008 In re Application of County Treasurer (Hawkeye Investments), docket no. 1-06-3387, Illinois Appellate Court, First District, December 28, 2007, a tax purchaser appealed from the trial court’s extension of the period of time for redeeming the taxes on a residential property.
ERISA and the Common Fund Doctrine: A precept By D.J. Evans Civil Practice and Procedure, October 2008   If you have dealt with a so-called ERISA lien before, you are trained to spot these liens from a mile away and already know the consequences. However, if this is your first heavyweight bout with the albatross which is referred to as the ERISA lien, you simply have no idea what you are about to encounter.
ERISA fiduciaries may be sued for losses to individual accounts By David Olson Corporate Law Departments, April 2008 The U.S. Supreme Court has clarified that individual participants in defined contribution plans can sue under ERISA for losses to their individual accounts, caused by an alleged fiduciary breach.
ERISA: Pleading a claim Employee Benefits, March 2008 Fed. R. Civ. P. 8 applies to ERISA claims and requires “a short and plain statement of the claim showing that the pleader is entitled to relief.”
Essentials for a smooth closing: Part II—Condominium resales By Joel L. Chupack Real Estate Law, October 2008 The closing of a condominium resale entails additional considerations and a lot more interfacing with other entities than exist with the typical single-family home resale.
Essentials for a smooth real estate closing By Tracie R. Porter Real Estate Law, August 2008 In order for a smooth closing to occur, all parties involved must be aware of their responsibilities for the closing, including what documents to bring or to send to the closing, what conditions need to be met prior to and at closing, and what the expectations are of the other parties involved in the transaction.
Estate and gift tax changes for 2009 By Mike Drone Federal Taxation, December 2008 Several changes in the estate and gift tax law go into effect in 2009.
Estate and gift tax changes for 2009 By Mike Drone Agricultural Law, November 2008 Several changes in the estate and gift tax law go into effect in 2009.
Estate and gift tax: Recent cases and rulings By Joseph P. O’Keefe & Elizabeth C. Hesselbach Federal Taxation, March 2008 Until recently, the IRS had required any estate making a §6166 election to post a surety bond or grant the IRS a special extended tax lien.
The ethics of confidentiality: Suggestions for resolution of disputed, but quantifiable facts By Robert E. Wells, Jr. Alternative Dispute Resolution, May 2008 A hypothetical conversation involving ethics and confidentiality.
Evaluating the ethics of ADR programs By Kurt Kamrath Family Law, December 2008 The practice of alternative dispute resolution (ADR) is rife with ethical dilemmas. It does not take much time in the field before a practitioner will find a conflict between two central aspects of ADR.
Evaluating the ethics of ADR programs By Kurt Kamrath Alternative Dispute Resolution, June 2008 The practice of alternative dispute resolution (ADR) is rife with ethical dilemmas. It does not take much time in the field before a practitioner will find a conflict between two central aspects of ADR.
Expanded FMLA coverage is effective immediately!! By Ellen M. Girard Corporate Law Departments, March 2008 On January 28, 2008, President Bush expanded the Family and Medical Leave Act (“FMLA”) when he signed into law the National Defense Authorization Act for Fiscal Year 2008.
Extra scrutiny revisited By Richard D. Hannigan Workers’ Compensation Law, June 2008 The S&H Floor Covering Inc. v. Illinois Workers’ Compensation Commission decision affirmed that it may be time to give credence to Cook v. Industrial Commission and provide for “an extra degree of scrutiny” when determining whether there is sufficient support for the Commission’s decision especially when the Commission makes credibility determinations regardless of the arbitrator’s findings.”
Fact questions as to “good order” of cargo at origin and the shipper’s duty of mitigation bar summary judgment in cargo claim litigation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2008 U.S. District Judge William Griesbach refused to grant summary judgment in cargo loss and damage litigation in Land O’Lakes, Inc. v. Superior Service Transportation of Wisconsin, Inc., 500 F.Supp. 2d 1150 (E.D. Wis. 6/27/07).
The Farmdoc project extends education to farmers, attorneys By A. Bryan Endres, Stephanie B. Johnson, Donald L. Uchtmann, & Scott H. Irwin Agricultural Law, September 2008 The University of Illinois’ Farm Decision Outreach Central, commonly known as the farmdoc project, is an extension program that aims to improve risk-based farm decision-making through education and research.
Farmer’s rights as to prepaid farm supplies after the supplier closes its doors By Kenneth R. Eathington Agricultural Law, December 2008 Many farmers prepay their anticipated farm supplies for an upcoming crop year.
Farmland values and credit conditions By David B. Oppedahl Agricultural Law, April 2008 The largest annual increase in farmland values, 16 percent, in almost three decades highlighted an amazing year for agriculture in the Seventh Federal Reserve District.
FDIC protection for trust accounts By Katarinna McBride Trusts and Estates, August 2008 This article is designed as a comprehensive guide for counsel and clients regarding the significant FDIC protection available for bank accounts owned by revocable and irrevocable trusts as well as pay-on-death accounts and in trust for accounts.
Fed Tax Section Council takes to the Hill—As in Capitol Hill, Washington, D.C. By Leonard S. DeFranco Federal Taxation, March 2008 For several years, typically in May, the Federal Tax Section Council has made an annual trek to visit with members of Congress.
Federal caselaw update Employee Benefits, December 2008 On October 7, 2008, the Supreme Court heard oral argument in Kennedy v. Plan Admin. for DuPont Savings and Invest. Plan (No. 07-636).
Federal caselaw update Employee Benefits, June 2008 Recent cases of interest to employee benefits practitioners.
A federal courthouse in Wheaton? By Alfred M. Swanson, Jr. Bench and Bar, March 2008 Judge Wayne Andersen of the District Court for the Northern District of Illinois presented the possibility of a District courthouse to the Bench & Bar Section Council meeting on February 22, 2008.
A felony does not always mean a forfeiture of pension benefits By John H. Brechin Local Government Law, September 2008 Romano v. Municipal Employees’ Annuity and Benefit Fund of Chicago involved an appeal from the judgment of the Circuit Court of Cook County confirming a decision of the Board of Trustees of the Municipal Employees’ Annuity and Benefit Fund, which found that as a consequence of his conviction of a felony, Romano forfeited all benefits he may have had as a participant in the Municipal Employees’ Annuity and Benefit Fund of Chicago.
A few notes from the Editor By Jeffrey A. Mollet Agricultural Law, September 2008 A busy time for agriculture! Rising commodities prices, increasing input costs, appreciating land values…Here are some Internet sites that might be of interest and which may assist you.
Final regs concerning funds used during § 1031 Exchanges of Like-Kind Property By Emily R. Vivian Real Estate Law, August 2008 After issuing several proposed regulations, the IRS has now issued final regulations concerning the treatment of income earned on like-kind exchange funds before the transaction has closed.
Financial abuse of the elderly: An overview By Elizabeth Fink Elder Law, September 2008 The purpose of this article is to educate on elder abuse issues, specifically the financial exploitation of the elderly.