Articles From 2009

Divorce, Deportation, and Disciplinary Complaints: Avoiding Immigration Pitfalls in Family Law By Macarena Tamayo-Calabrese International and Immigration Law, November 2009 The ISBA’s International and Immigration Law Section, in conjunction with the Family Law Section and the Section of Human Rights, will be presenting a Continuing Legal Education (CLE) class on March 26, 2010.
Do arbitrators’ “inherent powers” to sanction trump “express” limitations in the Agreement on their Authority? By J. Timothy Eaton Alternative Dispute Resolution, October 2009 Even considering the “rough and tumble character” of an arbitration, should the arbitrator not have the power to control the process by taking measures to sanction a party who does not participate in a meaningful way?
Do your corporate policies consider social media? By Mark F. Hoffman & Trenton C. Dykes Corporate Law Departments, July 2009 From blogs to Facebook to Twitter, the use of social media is exploding. Increasingly, public companies are turning to these digital media avenues to capture and direct public attention and boost sales.
The Doctrine of Merger: A vanishing rule Agricultural Law, March 2009 The Merger Doctrine still sees use in the state, although like many common law rules its position has changed over the years. As recently as 2008, the Illinois Supreme Court dealt with a case primarily focused on the doctrine, Czarobski v. Lata, 882 NE2d 536 (Ill 2008).
Does a 4(c) petition and/or a rule to show cause survive an approved settlement contract? By Richard D. Hannigan Workers’ Compensation Law, June 2009 On April 14, 2009 the author had the opportunity to be present during the Appellate Court oral argument when two former presidents of the Illinois Workers’ Compensation Lawyers Association went toe-to-toe on a rule to show cause filed by the petitioner’s attorney Richard Aleksy against the adjuster and insurance company who where represented by Ms. Elaine Newquist.
Does a Board of Education have standing to bring Administrative Review complaint? By Patti Gregory-Chang Administrative Law, March 2009 In the case of The Board of Education of Bremen High School District No. 228 v. Mitchell, the Appellate Court tackled the issue of who has standing to appeal an agency decision pursuant to the Administrative Review Law.
Does the Illinois Open Meetings Act violate the First Amendment? By Peter Friedman & Stewart Weiss Local Government Law, December 2009 A federal appellate court has recently held that the enforcement of one of the cornerstone provisions of the Illinois Open Meetings Act (“Illinois OMA”)—that a majority of the quorum is the trigger for a meeting under the Act—is subject to a legal standard that may make it very difficult for this and similar provisions in other states to withstand constitutional scrutiny.
Doing it on the square By J.A. Sebastian General Practice, Solo, and Small Firm, December 2009 The date: October 2, 2009. In the Chicago area, an historical day: a day when some bemoaned the selection of Rio rather than Chicago for the 2016 Olympics. For others, it was the day to attend the annual endowed Rudolf G. Schade Lecture Series at Elmhurst College, created in 1984 as a class gift to sponsor an annual campus lecture, usually pertaining to history or ethics. 
Doing it on the square By J.A. Sebastian Administrative Law, December 2009 The date: October 2, 2009. In the Chicago area, an historical day: a day when some bemoaned the selection of Rio rather than Chicago for the 2016 Olympics. For others, it was the day to attend the annual endowed Rudolf G. Schade Lecture Series at Elmhurst College, created in 1984 as a class gift to sponsor an annual campus lecture, usually pertaining to history or ethics.
The DOs and DON’Ts on how to treat your law clerk By Crystal Sava Women and the Law, September 2009 The author has created a short, practical list of the DOs and DON’Ts on how a law clerk should be treated.
Drug testing—What you need to know and what you get may not be what you need By William S. Wigoda Family Law, September 2009 As practitioners we need to attempt to determine that the drug testing is accurate, responsible and follows appropriate protocols and that the chain of custody of the samples is maintained with integrity.
Dubai: A regional arbitration center? By Raid Abu-Manneh International and Immigration Law, November 2009 Following the recent establishment of the LCIA-DIFC Centre at the Dubai International Financial Centre (DIFC), Dubai now has two international arbitration centres. This reflects the increasing acceptance of arbitration in the Middle East and the progress made in developing arbitration in Dubai.
E-filing in Cook County Circuit Court—An overview By John Chatz Bench and Bar, July 2009 On May 11, 2009, the Circuit Court of Cook County took an historic step on several levels. By implementing Cook County’s first electronic filing pilot project, Circuit Clerk Dorothy Brown facilitated a “green” courts initiative, advanced efficiencies for attorneys and self-represented litigants, and instituted an integrated electronic filing system for the largest court system in the United States.
E-filing pilot in Cook County—An overview By John Chatz Legal Technology, Standing Committee on, October 2009 On May 11, 2009, the Circuit Court of Cook County took an historic step on several levels.
E-xciting! E-filing comes to Madison County By Hon. Barbara Crowder Legal Technology, Standing Committee on, October 2009 “E-nough already,” was the sentiment expressed by the Circuit Clerk’s office about the volume of paper it needed to process and store. 
E-xciting! E-filing comes to Madison County By Hon. Barbara Crowder Bench and Bar, July 2009 Thanks to the approval of the Supreme Court, on April 6th, 2009 Madison County became the second county in Illinois to have e-filing.
Easing the mortgage foreclosure crisis: A proposed Part 18 to IMFL Commercial Banking, Collections, and Bankruptcy, December 2009 To state the obvious, the number of home foreclosures in Illinois has reached a critical stage. The purpose of this article is to suggest an approach that might ease the situation with respect to some of those foreclosures. 
Easing the mortgage foreclosure crisis: A proposed Part 18 to IMFL By Jeffrey G. Liss Commercial Banking, Collections, and Bankruptcy, November 2009 To state the obvious, the number of home foreclosures in Illinois has reached a critical stage. The purpose of this article is to suggest an approach that might ease the situation with respect to some of those foreclosures. 
Easing the mortgage foreclosure crisis: A proposed Part 18 to IMFL By Jeffrey G. Liss Real Estate Law, March 2009 This article suggests an approach that might ease Illinois' situation with respect to some foreclosures, and also offers a detailed draft statute to show how the proposed approach might be implemented.
Economic Recovery Package Federal Taxation, March 2009 WASHINGTON, D.C.—Ways and Means Committee Chairman Charles B. Rangel (D-NY) today released details of the economic recovery package falling under the jurisdiction of the Committee. This groundbreaking plan will provide critical tax, health and job-training benefits to American families, incentives for businesses to grow and create jobs and assistance for those who have lost their jobs or are economically disadvantaged.
eDiscovery issues: Authenticating e-mail produced in discovery By Scott A. Carlson & Jay C. Carle Civil Practice and Procedure, December 2009 This is the first in a series of articles about electronic discovery or “eDiscovery.” eDiscovery means a lot of different things to a lot of different people and each article will take on some discrete aspect of eDiscovery.
Editor’s column By Matthew A. Kirsh Family Law, November 2009 On August 18, 2009 the governor signed Senate Bill 0065, which became Public Act 096-0583, which significantly alters the law regarding attorney fees in divorce cases.
Editor’s column By John T. Phipps General Practice, Solo, and Small Firm, October 2009 A note from Editor John Phipps.
Editor’s column: Being a lawyer means something By John T. Phipps General Practice, Solo, and Small Firm, March 2009 Lincoln-the-Lawyer is still the model for Illinois lawyers to aspire to. Lincoln is ranked as one of the U.S.’ best presidents, but his Illinois legal career is no less exceptional.
Editor’s column: Current economic downturn requires lawyers to evaluate case acceptance, billing and credit policies By John T. Phipps General Practice, Solo, and Small Firm, January 2009 You need to make the choice about your own pro bono. Or as another lawyer told me, if work is slow, invest in yourself and improve your office and your skills rather than donate your time to someone who cannot or will not pay you.
Editor’s column: Don’t overlook available resources By John T. Phipps General Practice, Solo, and Small Firm, December 2009 In these troubled economic times it is easy to overlook the vast amount of free legal resources available to Illinois lawyers. The Chair’s Column by Brian L. McPheters and the following article by Robert Brunn and Bennie E. Martin discuss a number of such resources.  
Editor’s Column: Fee Agreement Essentials By John T. Phipps General Practice, Solo, and Small Firm, May 2009 The author believes there needs to be a clause to address what happens on the unavailability of the attorney; a clause to deal with client expectations; and a clause that deals with the client’s fee expectations.
Editor’s column: The other elephant in the room: Gates vs. Cambridge police raises fundamental issues beyond the issue of racial profiling By John T. Phipps General Practice, Solo, and Small Firm, September 2009 A note from Editor John Phipps.
Editor’s column: Trying times for lawyers create need to review office operations and look for practice opportunities in a shrinking legal market By John T. Phipps General Practice, Solo, and Small Firm, July 2009 A note from Editor John Phipps.
Editor’s comment By Mary Ann Connelly State and Local Taxation, August 2009 An introduction to the issue from editor Mary Ann Connelly.

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