Sunrise with Judge Sandra OtakaBy Hon. E. Kenneth Wright, Jr.Bench and Bar, July 2009The author remembers Judge Sandra Otaka, who passed away in June of 2009.
Support the ISBA Resolution for Congressional Amendment to the Natural Gas ActBy Michael A. MattinglyAgricultural Law, July 2009Over the past several years many property owners throughout the state have faced an issue where energy companies under the Natural Gas Act have received certificates of public convenience issued by the Federal Energy and Regulatory Commission to condemn property.
Supreme Court adopts new Rules of Professional Conduct for lawyersBy Joseph TyborBench and Bar, July 2009The Illinois Supreme Court has adopted new Rules of Professional Conduct for lawyers who are licensed and who practice in Illinois. The new rules become effective January 1, 2010.
Supreme Court broadens law enforcement investigatory powersBy Michael D. BersaniLocal Government Law, March 2009In an historical decision rendered on January 26, 2009, the United States Supreme Court in Arizona v. Johnson, unanimously upheld the authority of the police to “stop and frisk” a passenger detained pursuant to a valid traffic stop, when the officer reasonably suspects that the person is armed and dangerous but does not suspect criminal activity.
Supreme Court creates special panel on Illinois evidenceBy Joseph TyborBench and Bar, February 2009The Illinois Supreme Court has formed a Special Committee on Illinois Evidence with the aim of codifying existing evidentiary law so that it is available in a single source.
Supreme Court eliminates retirement age for judgesBy Alfred M. Swanson, Jr.Bench and Bar, July 2009The Judicial Retirement Act (705 ILCS 55/1) has been deemed unconstitutional by the Illinois Supreme Court.
Supreme Court reinstates Commission award of concurrent statutory permanent total disability & scheduled loss of armsBy Kevin S. BothaWorkers’ Compensation Law, June 2009The case of Beelman Trucking v. IWCC was appealed to the Illinois Supreme Court, and on May 21, 2009, the Illinois Supreme Court issued its unanimous decision authored by Justice Garman reversing the Appellate Court in part and found that the Petitioner was entitled to both 100 percent loss of use of each arm under §8(e)(10) as well as statutory PTD benefits pursuant to §8(e)(18) as a result of 100 percent loss of use of both legs.
Supreme Court Rule 213(f)—Witness interrogatoriesBy Ross S. LeveyFamily Law, December 2009As divorce practitioners, we sometimes gloss over the requirements of the Code of Civil Procedure and the Supreme Court Rules.
Supreme Court sticks to two-part analysis in death penalty casesBy Nathan HowardHuman and Civil Rights, January 2009Last term, the Supreme Court reinforced its two-part analysis for consideration of whether the death penalty violates the Eighth Amendment proscription on cruel and unusual punishment in a given case.
Supreme Court to hear cargo claim case: Does Carmack or COGSA control?By William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, December 2009The U.S. Supreme Court has accepted a 9th Circuit case for review where the issue will be which federal statute controls in a cargo damage claim arising from an Oklahoma train derailment on a through bill of lading shipment that originated in China with a sea move to Long Beach, CA followed by an inland rail move to Midwest U.S. destinations in Regal-Beloit Corp. v. Kawasaki Kisen Kaisha, Ltd., 557 F.3d 985 (9th Cir. 2/17/09).
Supreme Court to hear corporate diversity jurisdiction caseBy Peter LaSorsaFederal Civil Practice, June 2009The United States Supreme Court granted certiorari in Hertz Corporation v. Friend, in which the Court will consider whether the location of a nationwide corporation’s headquarters can be disregarded by a court in determining a principal place of business for the purposes of diversity jurisdiction.
T & E Ethics CornerTrusts and Estates, April 2009Some guidelines for jointly representing spouses in estate planning.
Tax updates and opportunities in the current economyBy Donna F. Hartl, Justin W. Clark, & Samuel HansFederal Taxation, July 2009If utilizing any of these techniques could reduce some clients’ estate tax, then now is the time to consider implementing such a plan with the current depressed market conditions and the looming possibility that legislative action may curtail the effectiveness of these techniques.
Taxation by association: Amazon.com law and state taxation of Internet salesBy Scott DragoCorporate Law Departments, September 2009Historically, Internet retailers have not collected state and local sales taxes on sales made through an associate program, provided the Internet retailer itself does not have a sales force or store in a particular state. However, the days of relying on this exemption may be numbered.
Taxation of employment-related settlement paymentsBy Elizabeth Erickson & Ira B. MirskyEmployee Benefits, December 2009In an internal memorandum dated October 22, 2008, but released only in July of this year, the Internal Revenue Service (IRS) Office of Chief Counsel has outlined information necessary to determine the correct tax treatment of employment-related settlement payments.
Telecommunications law updateBy Donna J. AmburgeyEnergy, Utilities, Telecommunications, and Transportation, December 2009What did your computer do for you in 1980? What does it do now? How about telephones—they haven’t changed much in the past decade, right? The laws and administrative regulations surrounding and regulating communications of all sorts, from old fashioned television and telephones to the digital revolution and cloud computing, present challenges for any attorney attempting to be a useful advisor to those who work and play in the world of telecommunications.
Thoughts about future CLE programs—your ideas are importantAdministrative Law, September 2009On May 15th, 2009, the ISBA Administrative Law Section Council presented a CLE program entitled State and Municipal Administrative Hearings and Appeals in Springfield.
Three tips to protect a trademarkBy Shannon A.R. BondIntellectual Property, September 2009Colgate-Palmolive Co. is the well-known owner of multiple Colgate Total trademarks for oral-care products. To protect its trademark rights, on July 31, 2009, Colgate filed two separate lawsuits against Johnson & Johnson and Chattem, Inc., demanding the companies withdraw trademark applications for Johnson & Johnson’s Listerine Total Care mouthwash and Chattem’s Act Total Care mouthwash and stop using the Total name.
Time for a governance “tune-up”By Jeffrey E. SmithCorporate Law Departments, July 2009As the dust (hopefully) begins to settle during this time of bank and market uncertainty, and a lull continues for bank M&A activity, it may be just the time to review your institution’s governance structure, documents, and mechanisms to bring them up to date (including incorporation of appropriate “best practices” under Sarbanes-Oxley), to provide important alternatives and flexibility for responding to M&A and other corporate opportunities, and to generally put the institution in a position to better respond to market opportunities and events as they unfold.
