Articles From 2009

The changing face of the legal profession By Sherwin A. Brook Law Office Management and Economics, Standing Committee on, December 2009 The U.S. economy has been slammed over the past 18 months. No sector has been spared. Among the professional services providers, attorneys have been the hardest hit. The dynamics of the carnage has left virtually every area of concentration reeling with the possible exceptions of bankruptcy injury and family law.
Changing landscape of physician-industry relationships: A trend toward transparency By Fatema Zanzi Health Care Law, March 2009 During the past year, there has been a frenzy of activity responding to the specific demand for transparency in relationships between physicians and industry groups, which are believed to contribute to the exorbitant cost of healthcare.
The Charitable Gift Annuity: A valuable financial tool for the elder non-affluent client who has an inter vivos charitable intent By Dennis J. Jacknewitz Elder Law, January 2009 This article will attempt to illustrate to its readers how a charitable gift annuity can be a valuable tool for the elderly client who is not affluent, who has limited taxable income, who has a current charitable intent and who is not confronted with Medicaid issues.
Checks and balances at work: The ADA Amendments Act of 2008 By William D. Goren Diversity Leadership Council, June 2009 The Americans with Disabilities Act Amendments Act of 2008 overrule several United States Supreme Court decisions that had narrowed considerably the scope of the Americans with Disabilities Act of 1990.
Chicago red light cameras scheme constitutional By Patti Gregory-Chang Administrative Law, March 2009 In Chicago, red light cameras take pictures of cars whose drivers run red lights and make illegal turns at intersections. Owners of vehicles, with the exception of leased vehicles, are liable for tickets.
Chicago Urban League, et al. v. State of Illinois, et al.: Summary of Cook County Circuit Court’s April 15, 2009 opinion By Lisa T. Scruggs, Sandi J. Toll, & Shyni Varghese Diversity Leadership Council, June 2009 In a decision issued by Cook County Circuit Court Judge Martin S. Agran, the Court announced that Plaintiffs in the Chicago Urban League et al. v. State of Illinois and Illinois State Board of Education case have stated a valid claim of discriminatory disparate impact under the Illinois Civil Rights Act of 2003.  
The Children’s Assistance Fund By Kelley A. Gandurski Young Lawyers Division, February 2009 The Chair of the Young Lawyers Division Grant Request Committee reports that the Young Lawyers Division has approved $13,000 in grant requests so far for the 2008-2009 year.
China’s Antimonopoly Law: The first 100 days By Ying Deng January 2009 An overview of the six civil cases filed in China's People's Courts and China’s planning for antitrust civil litigation. A short background section provides some of the history of AML and its basic functions.
Choice of law in multi-state tort cases By Jeffrey A. Parness Civil Practice and Procedure, January 2009 Gregory v. Beazer East provides a useful reminder of basic choice-of-law principles, including depecage and the “factual contacts” test.
Choosing a Roth IRA By Jesse T. Coyle Trusts and Estates, July 2009 The ultimate consideration in deciding whether to choose a Traditional or Roth IRA generally becomes whether you would rather pay tax now or later.
Circuit court had no jurisdiction to consider untimely filings By Robert T. Park Civil Practice and Procedure, December 2009 In Keener v. City of Herrin2009 WL 3212336 (Oct. 8, 2009), the city police arrested Chelsea Keener, an 18-year-old girl, for underage intoxication.
The City of Chicago renews its commitment to minority and women-owned businesses By Daniel R. Saeedi Racial and Ethnic Minorities and the Law, November 2009 The City of Chicago has recently renewed its Minority and Women Business Enterprise Program, an affirmative action program in construction with goals for awarding 24% of City construction contracts to Minority-owned Business Enterprises and 4% to Women-owned Business Enterprises. 
Civility and religious sensitivity By Andrea M. Schleifer Bench and Bar, April 2009 Almost 75 years ago, the Decalogue Society of Lawyers was created to among other things, confront anti-Semitism and discrimination encountered by Jewish attorneys in the Courts. Unfortunately, at that time, many judges would knowingly schedule trials on Jewish holidays without compunction. That rarely happens today, when most judges respect the religious requirements of litigants and lawyers.
Claims against a decedent’s non-probate property in Illinois By Joel A. Schoenmeyer Agricultural Law, June 2009 Dealing with claims against an Illinois decedent’s non-probate property is critical in cases where the decedent’s probate estate is insufficient to pay all valid claims, or where no probate estate has been opened for the decedent.
Clarification to “Inside out—Revaluation of Partnership Capital Accounts” By Michelle L. Heller Federal Taxation, March 2009 In reviewing for publication the article by Derek P. Usman titled “Inside out—Revaluation of Partnership Capital Accounts” published in the December 2008 Newsletter, I started to elaborate on section 754 elections. So, to clarify, the partnership may elect under IRS section 754 to adjust the basis of partnership property “as the result of a transfer of an interest in a partnership by sale or exchange or on the death of a partner” as provided in IRC section 743.
Clark v. Children’s Memorial Hospital: Expanding recoverable damages in wrongful birth actions By John J. Driscoll Civil Practice and Procedure, June 2009 A look at the First District Appellate Court case of Clark v. Children’s Memorial Hospital, et. al.
Co-editors’ note By David N. Schaffer & Matthew A. Kirsh Family Law, April 2009 A note from newsletter editors Matthew Kirsh and David Schaffer.
The Coalition of Women’s Initiatives in Law Firms: From dream to reality By Pamela M. Belyn Diversity Leadership Council, June 2009 In the summer of 2008, a group of more than 30 women’s initiatives in Chicago law firms came together to form the Coalition of Women’s Initiatives in Law Firms—the first organization of its kind in the United States. The Coalition’s mission is to benefit member firms by providing positive avenues of communication, collaboration and guidance that help member groups to enhance the recruitment, retention and promotion of women lawyers and support the building, implementation and continued relevancy of women’s initiatives in law firms.
The COBRA subsidy and what it means to employers By J.J. McGrath Corporate Law Departments, May 2009 The American Recovery and Reinvestment Act of 2009 was signed into law February 17. It expands COBRA by offering eligible individuals a 65 percent subsidy of their required COBRA premiums and an additional enrollment period to re-elect COBRA coverage and pay only 35 percent of the COBRA premium.
Collection Issues and the IRS—Part III By William M. Gasa Federal Taxation, March 2009 In addition to massive bailouts authorized by our federal government, other federal agencies have taken action to assist citizens. On January 8, 2009, the IRS issued “IRS TAX TIP 2009—Special Edition, IRS Help for Financially Distressed Taxpayers.” Because of the potential impact on everyone representing taxpayers before the IRS, the news release follows in full.  
Commercial real estate foreclosures in Illinois—They’re not always the same By Thomas M. Lombardo Commercial Banking, Collections, and Bankruptcy, November 2009 With the proliferation of real estate foreclosures in these difficult economic times, many experienced practitioners are finding themselves involved in some aspect of foreclosure litigation for the first time. 
The commitment to diversity should be a badge worn every day By Sonni Choi Williams Racial and Ethnic Minorities and the Law, November 2009 As the Peoria County Bar Association celebrated its 6th Annual Diversity Luncheon, I looked at the crowded room filled with more than 300 attendees including judges, ISBA representatives, school board members, students, and lawyers and felt proud that so many came out to support the commitment to diversity. But my celebratory mood dampened when I was also reminded of how easily the call and commitment to diversity can be overshadowed by a five-star event and the all-so-convenient excuse of the current economic downturn.
Committee on Government Lawyers presents ethics extravaganza! Government Lawyers, June 2009 The ISBA’s Standing Committee on Government Lawyers has a worthwhile and lofty goal ... a goal of making ethics seminars for government lawyers informative, fun, and interesting.  
A comparison of the new Multi-Board Residential Real Estate Contract 5.0 (Year 2009 version) with the 4.0 version By Joseph R. Fortunato, Jr. Real Estate Law, December 2009 In this outline I will attempt to review and contrast the Multi-Board Residential Real Estate Contract 5.0, approved or soon to be approved throughout the Chicago area, with the Multi-Board Residential Real Estate Contract 4.0, the so-called “Common Contract” currently in use.
Complicity Doctrine revisited: New Dram Shop instructions and more By Stephen C. Buser Civil Practice and Procedure, November 2009 The affirmative defense of complicity often presents an insurmountable hurdle for a plaintiff who has filed an action under the Illinois Liquor Control Act, more commonly known as the Dram Shop Act.
Complying with Federal Rule of Civil Procedure 34(b): Best practices By Peter LaSorsa Federal Civil Practice, December 2009 Rule 34 (b)(2)(E)(i) provides that a party must either produce documents “as they are kept in the usual course of business” or it “must organize and label them to correspond to the categories in the request.” 
Confessions of an Ad Law junkie By Jewel N. Klein Administrative Law, April 2009 If politics excite you, if you like to watch government at work, if you think about public policy and its impact on people, administrative law is for you.
Confidentiality issues for family lawyers By Marilyn Longwell Family Law, November 2009 It is extremely important for the family law practitioner to understand the parameters of and exceptions to client confidentiality.
Conflict: The treacherous path By Edward Clinton Federal Civil Practice, December 2009 William Ruehle, the Chief Financial Officer of Broadcom, a California corporation, and Henry Nichols, a co-founder of Broadcom, were indicted by a Federal grand jury for conspiracy, securities fraud, false certification of financial statements, wire fraud and other crimes in the United States District Court for California. These charges arose from the alleged backdating of options granted to officers of Broadcom.
Congratulations! You’ve been elected: Now what do you do? A practical guide to local government By Richard G. Flood & Ruth A. Schlossberg Local Government Law, April 2009 You have been elected and will assume office soon. What do you do until then?