Section Newsletters

Articles From 2009

A note from the co-editor By Mary Ann Connelly State and Local Taxation, February 2009 An introduction to the issue from co-editor Mary Ann Connelly.
A note from the co-editors By Stanley R. Kaminski & Mary Ann Connelly State and Local Taxation, April 2009 An introduction to the issue from co-editors Stanley Kaminski and Mary Ann Connelly.
Note from the Editor: A ready-made opportunity for you to network! By Sandra Crawford Women and the Law, December 2009 The remaining deadlines for submission of articles for consideration by this Committee for the 2009/2010 Bar year are February 15, 2010, and May 15, 2010
Notes from the Chair By Kelley A. Gandurski Young Lawyers Division, October 2009 A message from Chair Kelley Gandurski. 
Notes from the Chair By Kelley A. Gandurski Young Lawyers Division, August 2009 A message from Chair Kelley Gandurski. 
November 16, 2009 Interview with Arbitrator Edward Lee By Richard D. Hannigan Workers’ Compensation Law, December 2009 Arbitrator Lee, on behalf of the Illinois State Bar Association I would like to thank you for this opportunity to sit down and discuss your background and experience as an arbitrator at the Illinois Workers’ Compensation Commission.
Obamas for sale: How much is too much? By Steven L. Baron & Lindsay H. LaVine Intellectual Property, March 2009 Does the Obama family have legal recourse for the use of Malia and Sasha’s identities? The answer is most likely, yes. Most states, including Illinois, protect against the unauthorized use of an individual’s identity for commercial purposes. The so-called right of publicity extends to all people, regardless of whether they are public figures or private citizens.  
Observations on Illinois House Bill 0151—The Will Deposit Statute By William L. Cleaver Elder Law, April 2009 Illinois House Bill 0151 was introduced January 14, 2009. As an amendment to the Illinois Secretary of State Act, a new Section 5.15 would become part of 15 ILCS 305. It may serve to assist in addressing a problem, the solution to which has been elusive. At the same time, it also raises a question of whether there might be alternatives to what the Bill would accomplish.  
Obtaining deposition testimony from witnesses abroad: A primer for Illinois lawyers By Timothy J. Chorvat & Jill M. Hutchison Civil Practice and Procedure, June 2009 In seeking discovery from non-parties who are located outside the United States, the greatest limitations an attorney is likely to face will be restrictions imposed by the jurisdiction in which the deponent is located.
October 2009 Administrative Law decisions, with analysis and commentary By William A. Price Administrative Law, December 2009 Supreme Court and Appellate Courts
Offer in compromise: ISBA’s Section of Federal Taxation liaison meeting with legislative aides, May 6 & 7, 2009 Federal Taxation, December 2009 A primary concern is that the OIC program is not being properly utilized by the IRS.
Officers’ column By Jon Gilbert, Scott Carfello, & Kate Duncan Alternative Dispute Resolution, November 2009  The Section Council most recently met on September 19, 2009 at the Chicago Regional Office of the ISBA. 
Officers’ column By Jon Gilbert, Scott Carfello, & Kate Duncan Alternative Dispute Resolution, October 2009 A note from the ADR Section officers.
Omnicare v. UnitedHealth Group: Important considerations for companies exchanging information in a merger or acquisition context By Robert F. Leibenluft, Steven M. Edwards, Corey W. Roush, & Benjamin F. Holt Corporate Law Departments, May 2009 The recent Omnicare decision highlights several important considerations for companies seeking to share information with competitors in the context of evaluating a merger or acquisition.
OPERATING INSTRUCTIONS: The Demise of IPI 105.01 By Susan M. Brazas Civil Practice and Procedure, May 2009 “That is for you to decide” appears at the end of IPI 10.01 (the definition of negligence as to an adult), IPI 10.02 (the definition of ordinary care for an adult), and IPI 10.05 (the definition of ordinary care for a minor).
An opportunity for the Supreme Court to amend the Rules of Professional Responsibility? By Marc Christopher Loro Administrative Law, April 2009 At a time when the ISBA is trying to improve the reputation and image of lawyers by riding the coattails of the bicentennial of Lincoln’s birth, and Abe’s integrity and legacy as one of Illinois’ finest lawyers, the damage done by the Governor, left unattended, take many years to repair.
Order for possession improper as court sanction for tenants’ failure to tender ongoing use & occupancy By Michael Zink General Practice, Solo, and Small Firm, March 2009 A Circuit Court may not properly enter an Order for Possession as a sanction against a tenant who fails to tender use and occupancy payments pursuant to a court order. Such a sanction not only improperly relieves a landlord of its statutory burden but also exceeds the appropriate punitive degree warranted.    
An overview of education funding under the American Recovery and Reinvestment Act By Melina Wright & Darren Reisberg Education Law, September 2009 On February 17, 2009, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA or the “Recovery Act”) into law. 
Parolee search: Is hindsight reasonable? By Adam W. Ghrist Government Lawyers, June 2009 On February 7, 2008, the Illinois Supreme Court decided People v. Wilson, upholding suspicionless searches of parolees by law enforcement officers
Party challenges denial of FOIA request because party refused to pay $5,500 fee By Mary Ann Connelly Government Lawyers, September 2009 A summary of the recent case of Sage Information Services and Roger W. Hurlbert v. Gary A. King, Du Page County Clerk.
Party challenges denial of FOIA request because party refused to pay $5,500 fee By Mary Ann Connelly State and Local Taxation, June 2009 The Second District Appellate Court provides an interesting analysis of FOIA requests and what body of authority should control.
Patient Advocacy: A new benefit to aid in healthcare navigation By Laura L. Pautz Employee Benefits, March 2009 It does not take a specialty in employee benefits to realize the healthcare system can be difficult to navigate. A new profession known as health advocacy is forming to aid the population and to advocate access to healthcare.
Pay your law firm employees properly or risk falling into a financial snakepit By James B. Zouras Law Office Management and Economics, Standing Committee on, December 2009 As wage-and-hour practitioners who have represented thousands of employees in actions against employers of every size, from multi-billion-dollar corporations to small businesses, our firm is well-versed on the ways employers violate the labor laws.
Pay your law firm employees properly or risk falling into a financial snakepit By James B. Zouras Law Office Management and Economics, Standing Committee on, October 2009 As wage-and-hour practitioners who have represented thousands of employees in actions against employers of every size, from multi-billion-dollar corporations to small businesses, our firm is well-versed on the ways employers violate the labor laws.
Peggy Klaus: New Year’s Resolutions Women and the Law, March 2009 Peggy Klaus, a workplace communication and leadership expert, offered the following New Year’s resolutions to her friends. Her resolutions should be considered by everyone for 2009.
People of the State of Illinois ex. rel. LISA MADIGAN, Petitioner v. HONORABLE JAMES B. KINZER et.al, Respondents, No.105805: Stripping the Court of its discretion in sentencing for DUIs By Ava George Stewart Traffic Laws and Courts, March 2009 Your client’s ability to enter into a plea agreement for reckless driving, whether it is a ”reducer” from DUI or not, means that your client cannot receive court supervision for a subsequent DUI.
People v. Illinois Commerce Commission: Deadline for E-filing under Illinois Commerce Commission’s regulations By Laura L. Milnichuk Energy, Utilities, Telecommunications, and Transportation, April 2009 In the recent Illinois Supreme Court decision of People v. Illinois Commerce Commission, the Court considered the question of whether the Illinois Commerce Commission’s regulations require documents to be electronically filed before the close of business in order to constitute timely filings and provide the appellate court with jurisdiction to hear any subsequent appeal.
People v. Illinois Commerce Commission: Deadline for E-filing under Illinois Commerce Commission’s regulations By Laura L. Milnichuk Civil Practice and Procedure, March 2009 In the recent Illinois Supreme Court decision of People v. Illinois Commerce Commission, the Court considered the question of whether the Illinois Commerce Commission’s regulations require documents to be electronically filed before the close of business in order to constitute timely filings and provide the appellate court with jurisdiction to hear any subsequent appeal.
People v. Popeck: State’s right to all of defendant’s medical records on day of arrest By J. Randall Cox Traffic Laws and Courts, March 2009 A summary of the case of People v. Popeck.
Performance-based model for residential services By Catherine M. Ryan Child Law, September 2009 A new law directs the Illinois Department of Children and Family Services to work with representatives of residential service providers and other state agencies to develop a performance-based model for these services.