Articles From 2010

Adobe Acrobat 9—More or less for the law office By Alan Pearlman Law Office Management and Economics, Standing Committee on, June 2010 A brief explanation of the differences between Adobe Acrobat 8 and 9, and the reasons you may want to upgrade.
ADR and international trade conventions By Thomas D. Cavenagh Alternative Dispute Resolution, June 2010 ADR processes are desirable in international agreements as they encourage party participation, eliminate some of the rule-driven formality of litigation and focus more heavily on negotiated outcomes.
The Affirmative Damage Rule By Kevin Lovellette & Cody Cocanig Government Lawyers, September 2010 The Affirmative Damage Rule gives us the ability to impeach witnesses that we call, thereby limiting the damage done to our case by our own witnesses.
Aftershocks: Thornton v. Garcini By Hon. William D. Maddux Bench and Bar, May 2010 Approximately six months since the Illinois Supreme Court's decision in Thornton v. Garcini, its effects are being felt primarily in response to the opinion regarding a defendant’s post-trial motion for setoff.
Alderson v. Fatlan: The Illinois Supreme Court’s riparian rights case By Richard F. Bales Agricultural Law, July 2010 The issue here is whether the civil law rule as set forth in Beacham v. Lake Zurich Property Owners Ass’n should be extended to a man-made lake.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, December 2010 A summary of recent cases relating to health care law.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, September 2010 A summary of recent cases relating to health care law.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, June 2010 A summary of several recent Illinois Supreme Court decisions on an array of topics including arbitration provisions in nursing homes, resident contracts, and federal preemption of state law.
All the latest developments in health care law By W. Eugene Basanta & Jennifer Wagner Health Care Law, March 2010 Summaries of recent Illinois federal and state health law cases, including the Illinois Supreme Court’s decision in the Lebron case rejecting medical malpractice caps.
Alleviating the “headache” of the permanent total disability case By Michelle L. LaFayette Workers’ Compensation Law, December 2010 An overview of the permanent total disability claim and applicable legal standards.
The Alliance of Illinois Judges Diversity Leadership Council, June 2010 Established in 2009 by 15 Cook County judges who openly identify themselves as gay or lesbian, the Alliance of Illinois Judges seeks to promote the administration of justice and to improve the legal profession.
An alternative: Public housing or housing vouchers By Donald A. LoBue Elder Law, February 2010 Some attorneys in the elder law practice spend a considerable amount of time advising clients on how to qualify for Medicaid and Medicare. As a general rule, Medicaid does not come into play until a person with a medical condition needs assisted care.
The answer is in the minutes By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, December 2010 An explanation of the differences between a deed in lieu of foreclosure and a consent foreclosure, and why one is not always better than the other.
Anti-suit injunctions in the context of international commercial arbitration, Part I By Ricardo Quass Duarte May 2010 An analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
Anti-suit injunctions in the context of international commercial arbitration, Part II By Ricardo Quass Duarte June 2010 An analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
Anti-suit injunctions in the context of international commercial arbitration, Part III By Ricardo Quass Duarte September 2010 The third installment in this analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
Anticipatory neglect—Protecting children or going too far? By Nicole Onorato Child Law, March 2010 It is well-established law that parents have a fundamental constitutional right to the care, custody and control of their children, and this right is given great deference and protection by our laws. However, in the context of child abuse and neglect, this right is subject to termination.
Antitrust & unfair competition May 2010 news Round-Up May 2010 Recent developments related to antitrust issues.
Antitrust & unfair competition news roundup September 2010 The latest news developments in antitrust & unfair competition law.
Antitrust & Unfair Competition spring news round-up April 2010 Recent developments related to antitrust & unfair competition.
The Antitrust Counselor: Can American Needle be reconciled with Dagher? By Mildred L. Calhoun September 2010 Four years ago the U.S. Supreme Court unanimously ruled in Texaco v. Dagher. Then in May of this year, in another unanimous opinion, the Supreme Court appears to have decided the exact opposite in American Needle v. National Football League.
The Antitrust Counselor: Robinson-Patman counseling after Feesers By Mildred L. Calhoun May 2010 The recent case of Feesers, Inc. v. Michael Foods, Inc. is a fascinating example of how the Act can create significant litigation issues for a business.
Appeals from the Commission to the Circuit Court—A potential procedural minefield By William R. Gallagher & Harry J. Nichols Workers’ Compensation Law, September 2010 The Esquivel v. Illinois Workers’ Compensation Commission decision teaches that when an appeal is taken from the Commission to the Circuit Court you must make absolutely certain that you (1) tender payment of the probable cost of the record to the Commission and (2) file either the receipt or the affidavit of payment with the Circuit Court at the time you file the request for summons.
The appellate court affirms grand jury’s subpoena power to issue subpoenas in DUI cases By J. Brick Van Der Snick Traffic Laws and Courts, August 2010 An examination of the 5th District Appellate Court opinion of People v. Bauer.
The Appellate Court, Second District, sheds some light on the Open Meetings Act By Phillip B. Lenzini Local Government Law, February 2010 Petitioners were seeking to disconnect their territory within a year of forming this Village and in order to do so had to void in some way an intervening (and apparently “11th hour”) annexation of a parcel that would be rendered dis-contiguous if petitioners’ property was disconnected.
Arbitrability of shareholders’ disputes under German Law By Jan Kraayvanger & Mark C. Hilgard International and Immigration Law, February 2010 It has been a matter of dispute for a long time whether and under which preconditions disputes regarding the validity of shareholders’ resolutions of a German limited liability company (GmbH) are arbitrable.
Arbitration clauses in nursing home contracts: FAA preempts Illinois state law restrictions By Edward Clancy Health Care Law, December 2010 This article examines the recent decision made by the Illinois Supreme Court involving nursing home arbitration agreements.
Arbitration primer for civil trial attorneys By Mark Rouleau Civil Practice and Procedure, April 2010 The basics you need to know about arbitration.
Are we moving toward a motion practice? By Richard D. Hannigan Workers’ Compensation Law, June 2010 A look at the case of Dennis Hagemann v. IWCC.
Are your computer employees exempt from overtime? By Betsy Johnson Corporate Law Departments, August 2010 The consequences of misclassifying an employee under the Fair Labor Standards Act can be very significant to employers’ business models and can be very costly.