Section Newsletters

Articles From 2009

More on Proposed Part 18 of IMFL By Jeffrey G. Liss Commercial Banking, Collections, and Bankruptcy, November 2009 This note is a follow-up to my article in the March issue of Real Property, “Easing the Mortgage Foreclosure Process: A Proposed Part 18 to IMFL.”
Morgan II By Jewel N. Klein Administrative Law, August 2009 If Morgan I was a primer on administrative law, Morgan II presents a primer on how even the best of defenses will be unsuccessful against an agency determined to get rid of a bad actor.
Motion in Limine Reduces Trial Prejudice By Terrence K. Hegarty & Jessica A. Hegarty Civil Practice and Procedure, May 2009 A pretrial motion in limine must be prepared and argued before the voir dire begins, and a written order memorializing the court’s rulings on each issue must be entered.
Motorist failed to present credible evidence of drug-interdiction checkpoint in statutory summary suspension hearing By J. Brick Van Der Snick Traffic Laws and Courts, June 2009 A summary of the case of People v. Scott W. Hacker.
Municipal financing strategies By Kurt P. Froehlich Local Government Law, August 2009 An outline of the commonly encountered mechanisms for issuing multi-year debt obligations to finance municipal projects and certain short term money needs. 
My basement is a swimming pool—Can I move an easement to fix it? By Jeffrey A. Mollet Agricultural Law, December 2009 A recent appellate court decision may have an impact on your agricultural client’s access to the property it owns or operates.
The National Center for State Courts salutes Chief Judge Timothy C. Evans By Jasmine V. Hernandez Bench and Bar, December 2009 Before holiday sparklers light up the Daley Center and we rush from one holiday party to another, the legal community came together to celebrate the National Center for State Courts’ (“NCSC”) naming of Chief Judge Timothy C. Evans as the recipient of its 2009 William H. Rehnquist Award for Judicial Excellence (“Rehnquist Award”).
Need for a survey, a war story By Thomas Dalton Real Estate Law, February 2009 Everyone knows that as practitioners, we are oftentimes faced with a vast array of people in the real estate transactional practice who are not the normal residential homebuyers. 
Needle in a haystack By Toby Paulose Law Office Management and Economics, Standing Committee on, February 2009 An overview of the processes that recruiters use when looking for that special job candidate. Also included are some tips on what to look for in a resume and and the types of questions you should ask to get the information that you are looking for during a face to face interview..
Negotiating Loan Modifications for Clients By Tracie R. Porter & Michael W. van Zalingen Real Estate Law, June 2009 Homeowners need to know options are available when they find themselves having difficulty paying their mortgage. Whether the assistance comes through the lender/servicers or the federal government, homeowners need to know when to stay in the game and keep their homes, and when to count their losses and move out of a bad situation. Attorneys who are equipment with the information to help their clients will find that they can still provide real HOPE for continued home ownership for their clients.
New amendment to Human Rights Act By Peter LaSorsa Corporate Law Departments, October 2009 The Illinois Human Rights Act (“IHRA”), found at 775 ILCS 5/1-101, is being amended and, starting January 1, 2010, will offer protection to individuals who have an order of protection.
New and improved and available January 1, 2010: Transparency in government By Frank M. Grenard Corporate Law Departments, September 2009 On 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.  
New challenges and opportunities for employer leave of absence programs By David L. Miller Labor and Employment Law, March 2009 Recent changes to the Family and Medical Leave Act raise new challenges and opportunities for employers when managing employees who are ill or injured.
A new competition regime in Canada: Issues for multinational companies and their advisors By D. Martin Low & Sorcha O’Carroll December 2009  Canada has recently passed a significant amendment to its Competition Act. Notably, the amendment introduced a per secriminal conspiracy offense.
New German arbitration rules meant to expedite proceedings By Mark C. Hilgard & Jan Kraayvanger International and Immigration Law, October 2009 One of the most important advantages of arbitration, when compared to litigation, is supposed to be speed. However, there is growing criticism that in recent years commercial arbitration has become too lengthy and, as a result, too expensive.
New Hampshire Justices rule ADR fees unconstitutional By Alyssa Vincent Alternative Dispute Resolution, March 2009 In a December 31st opinion for Nancy Lamarche v. Stephanie McCarthy, the New Hampshire Supreme Court held that a $50 filing fee imposed on litigants who are referred to court-ordered alternative dispute resolution is constitutional, since the fee is a reasonable revenue-raising measure and does not deprive litigants of access to court.
The new Illinois QTIP election: Answers to your questions and more questions By Jason S. Ornduff Trusts and Estates, November 2009 After significant discussion and lobbying, Illinois has joined 11 other states in enacting a state-qualified terminable interest property (QTIP) election separate and distinct from the federal QTIP election of I.R.C. Section 2044.
A new path to equality: The Challenge to Section 3 of DOMA in Gill, et al. v. OPM, et al. By Paul M. Smith, Daniel I. Weiner, & Lindsey C. Harrison Diversity Leadership Council, June 2009 On March 3, 2009, the Gay and Lesbian Advocates and Defenders (GLAD) commenced a challenge to Section 3 of the federal Defense of Marriage Act (DOMA), 1 U.S.C. § 7, in the United States District Court for the District of Massachusetts.  
A new ripple on riparian rights By Edward Brandt Agricultural Law, August 2009 The recent case of Alderson v. Fatlan dealt with a new twist on riparian rights—what rights are there with respect to a man-made private body of water?
New risk management and disaster guides available from FLAG Agricultural Law, December 2009 The following is from a recent press release from Farmers’ Legal Action Group, Inc. (FLAG), a nonprofit law center based in St. Paul, MN, dedicated to providing legal services to family farmers and their rural communities in order to help keep family farmers on the land. Certainly some valuable information for lawyers and farmers alike.
A new Rule 26 may change the way we communicate (or don’t) with experts By Camille M. Knight Federal Civil Practice, March 2009 The Judicial Conference Committee on Rules of Practice and Procedure has published proposed amendments to Rule 26 of the Federal Rules of Civil Procedure which, if approved, will take effect in 2010. 
New Venue Case of Interest: Illinois v. Leavell By James K. Weston, Sr. Mineral Law, April 2009 A discussion of the recent case of The People of the State of Illinois ex. rel. Lisa Madigan, Attorney General of the State of Illinois v. Eva Lovene Leavell, d/b/a L&L Supply Company.
New virtual representation law By Lyman W. Welch Trusts and Estates, June 2009 SB 188 passed both houses of the Illinois legislature with no dissenting votes. When signed by the Governor, the new law will become effective January 1, 2010. This new law originated from the ISBA Trusts and Estates Section Council.  
News you can use: Yet another reason to join the ISBA By Patricia M. Fallon Federal Civil Practice, June 2009 Fastcase is an unbelievably cost-effective alternative to Westlaw and/or Lexis.
News you can use… By Patricia M. Fallon Government Lawyers, June 2009 Have you heard about FASTCASE? It is the ISBA’s FREE online legal research service which is available to all ISBA members and included in the cost of your membership. It is an unbelievably cost-effective alternative to Westlaw and/or Lexis.
Newsflash—The BIA upholds immigrant-friendly precedent! By Sara E. Herbek International and Immigration Law, June 2009 The inspiration for this article is derived from an actual case at the AzulaySeiden Law Group. The author had the privilege of working on this case in preparing and filing the second Immigrant Petition and BIA appeal.
Newton Tractor Sales, Inc. v. Kubota Tractor Corporation: The Supreme Court Promises—You Can Sue! By Hon. Barbara Crowder Civil Practice and Procedure, June 2009 The Illinois Supreme Court has underscored that promissory estoppel is a recognized cause of action in its own right and cannot be relegated to the affirmative defense section of an answer.
Next friends: Can the attorney for the minor act as next friend in emancipation proceedings? By Sean McCumber Child Law, June 2009 The functions and powers of a next friend are the same as those of a guardian ad litem, and with the exception of on which side they represent the minor, the next friend or guardian ad litem is to represent the minor’s interest in the litigation.
Note from the Chair By Steven C. Lindberg Law Office Management and Economics, Standing Committee on, December 2009 On behalf of all the members of the LOME Committee, we would like to wish each and every one of you and your staff a very peaceful holiday season
A note from the Co-Editor By Stanley R. Kaminski State and Local Taxation, May 2009 An introduction to the issue from co-editor Stanley Kaminski.