Estate planning in a low-interest-rate environmentBy Jesse T. CoyleTrusts and Estates, April 2009This article discusses the mechanics of techniques such as intra-family loans, SCINs, installment sales to grantor trusts, GRATs, CLATs and charitable gifts of personal residence remainders, and how they flourish in a low-interest environment.
Ethics and Judicial IndependenceBy Hon. Thomas R. FitzgeraldAdministrative Law, December 2009A speech given by Illinois Chief Justice Thomas R. Fitzgerald at Elmhurst College on October 2, 2009
Ethics and Judicial IndependenceBy Hon. Thomas R. FitzgeraldGeneral Practice, Solo, and Small Firm, December 2009I would like to talk to you today about a topic that is important to me, as a judge, and important to all of you as citizens of this State and this Country.
Ethics and Judicial IndependenceBy Hon. Thomas R. FitzgeraldBench and Bar, December 2009A speech given by Illinois Chief Justice Thomas R. Fitzgerald at Elmhurst College on October 2, 2009
Ethics cornerBy Donald L. ShriverTrusts and Estates, July 2009If you have blown the Statute of Limitations, the 1st District says just extend it to meet your own needs.
Ethics corner: Careful with capacityBy Sara SiddiqiTrusts and Estates, September 2009ACTEC commentary on clients with diminished capacity, specifically Model Rule of Professional Conduct (MRPC) 1.14, provides additional guidance to the estate planning practitioner. Specifically, the commentary provides advice on how to address the various disability determinations that a lawyer may encounter: a client whose testamentary capacity is uncertain, borderline, or doubtful.
The ethics of fee sharing in tort law casesBy Albert E. DurkinTort Law, October 2009In the field of plaintiff personal injury litigation, a substantial amount of business is received on a referral basis. Tort practitioners commonly are referred cases from fellow lawyers who do not practice in that chosen field.
Evaluating bulk sales liability in real estate transactionsBy Larry N. WoodardReal Estate Law, January 2009This article is intended to provide a real estate attorney with basic information to quantify the risk of bulk sales liability to its purchaser client so both the client and attorney can evaluate the legal and business ramifications in purchasing real estate with potential bulk sale burdens.
The evolution of business districtsBy Kathleen Field OrrLocal Government Law, June 2009Local governments bear so much of the burden of the economic decline, its powers to participate in the efforts to restore economic viability should be strengthened.
An examination of lease subordination issues in an economic downturnBy David J. AlexanderReal Estate Law, April 2009If negotiating a lease as a tenant, tenant’s counsel or tenant’s broker, be certain that the basic language regarding subordination, non-disturbance and attornment is present and clearly stated so as to ensure that the tenant is adequately protected.
Executive bonusesBy Douglas A. DarchEmployee Benefits, December 2009When an executive leaves her position midway through the performance measurement period for an annual bonus, is she entitled to a pro-rata share of the annual bonus?
Expanded liability for sexual harassment in IllinoisBy Kenneth W. Gage & Laura R. FeldmanLabor and Employment Law, June 2009On April 16, 2009, the Illinois Supreme Court expanded Illinois employers’ exposure to damages for sexual harassment and distinguished Illinois law from federal law.
Extra work is extra workBy Raymond A. FylstraGovernment Lawyers, December 2009On August 17, 2009, Governor Pat Quinn signed one of the most sweeping revisions of the Illinois Freedom of Information Act (5 ILCS 140/1) (the “Act”) since it was adopted in 1983.
Extra work is extra workBy Raymond A. FylstraCorporate Law Departments, September 2009Many formal construction contracts explicitly state that extra or additional work must be authorized by a written change order signed by the owner. Although there are some exceptions, such clauses normally will be enforced if they are clear.
Family treatment courtBy Hon. Michael D. ClaryBench and Bar, October 2009At a meeting with social workers and others involved in child neglect cases to discuss the DCFS Permanency Enhancement Initiative, the topic of drug-addicted parents and the high frequency of termination of parental rights in those cases came up. The consensus of opinion was that these cases are particularly challenging and frustrating for everyone involved.
Farewell, FriendBy David ClarkLegal Technology, Standing Committee on, July 2009Remembering retired 10th Circuit judge James McNabb Bumgarner, who died April 3 at age 89 in his Port St. Lucie, Fla., home.
Farm Aid 2009By Jeffrey A. MolletAgricultural Law, August 2009Originated in 1985 in response to the farm crisis, Willie Nelson, Neil Young and John Mellencamp have continued to use their fame as a bully pulpit for the agricultural community.