Articles From 2010

Around the agencies By William A. Price Administrative Law, February 2010 Illinois administrative agencies, boards, and commissions make many of the most important decisions affecting the lives and property of the state’s citizens. Read more about these groups and their powers here.
Attachment and perfection of security interests in LLC membership interests By Adam M. Fleming Business and Securities Law, December 2010 Some keys to understanding the Limited Liability Company and membership interests.
Attorney fees: Avoiding pitfalls to preserve the right of contribution By Douglas B. Warlick Family Law, August 2010 Warning: An attorney's bad business decisions may affect his or her ability to recover fees from the opposing party.
Attorney General issues opinions By Lynn Patton Government Lawyers, September 2010 A summary of informal opinions that are of interest to government attorneys.
Attorney General issues opinions By Lynn Patton Government Lawyers, April 2010 Recent legal opinions from the Illinois Attorney General.
Attorney’s fee seldom will be greater than lodestar By Michael R. Lied Labor and Employment Law, October 2010 Despite superior performance and results, lawyers in most cases will not be awarded increased attorney fees.
Attorneys: Get on your hobby horse! By Valerie Sherman Women and the Law, October 2010 The benefits of having at least one hobby are huge, especially to attorneys, whose stress levels, happiness, and health are often cited as some of the worst of any profession.
Audio of Illinois Appellate Court arguments are accessible from Supreme Court Web site By Joseph Tybor Bench and Bar, May 2010 Audio recordings of all oral arguments in the Illinois Appellate Court are now available on the Court’s Web site.
Audio of Illinois Appellate Court arguments are accessible from Supreme Court Web site By Joseph Tybor Bench and Bar, April 2010 Audio recordings of all oral arguments in the Illinois Appellate Court are now available on the Supreme Court’s Web site.
Award of costs to defendants as a condition to granting plaintiffs’ motion for voluntary dismissal By Bridget A. Mitchell Civil Practice and Procedure, January 2010 After reviewing the facts of the case and applicable law, the appellate court affirmed the trial court’s decision but modified the court’s order to state that costs awarded were due at the time of refiling the lawsuit but not as a condition to refiling the lawsuit.
Awarding attorney fees in fiduciary duty cases By Lawrence E. Varsek & Roman R. Okrei Trusts and Estates, March 2010 Illinois courts have made clear that they will enter an award against a person who breaches his fiduciary duty when that person benefits from the breach and causes harm to the party or parties to which they owe a fiduciary duty.
Back to the basics: Challenging the accuracy of field sobriety tests By Rachel J. Hess Traffic Laws and Courts, August 2010 Generally, in order for a “test” to be considered valid, it must be supported by a reasonable degree of validity in accordance with Frye v. United States.
Basic construction insurance coverage By Bruce H. Schoumacher Real Estate Law, September 2010 A guide to drafting construction insurance provisions.
Basis adjustments for 2010 estates: A navigation system for unknown routes By Alan E. Stumpf Trusts and Estates, April 2010 In 2010, the basis of property acquired from a decedent is no longer automatically stepped-up. Rather, the basis is the decedent’s adjusted basis in that property or the fair market value of the property on the date of death, whichever is less.
Before you rush to file a petition for writ of certiorari, you’d better think about a stay By Ambrose V. McCall Federal Civil Practice, September 2010 You are past the point of moving for rehearing. Now, as counsel for your client, you must recommend whether to file a petition for writ of certiorari. When so doing, you also wonder whether you can successfully move for a stay of the mandate.
Bench and Bar highlights trial and appellate practice at CLE Fest By J.A. Sebastian Bench and Bar, June 2010 Save the date for the 3rd Annual CLE Fest, with three programs sponsored by the Bench & Bar Section.
Beware A call to action By Julie A. Neubauer Women and the Law, May 2010 A call for all those in opposition to the practices of to speak out against it.
Beware of the newly enacted Illinois Employee Credit Privacy Act By Peter A. Steinmeyer & Mark M. Trapp Corporate Law Departments, October 2010 The recently enacted Illinois Employee Credit Privacy Act prohibits most Illinois employers from basing employment decisions or benefits on an applicant’s or employee’s personal credit information.
Billion dollar baby: The Supreme Court will once again review Anna Nicole Smith case By Katarinna McBride Trusts and Estates, November 2010 The Court will now review if Ms. Smith (or Ms. Smith’s estate) received a proper hearing in federal courts (a procedural question), and whether state probate courts (Texas) should be the proper venue for hearing such cases.
Book review: Author offers hope for better end-of-life care By Enid Kempe Elder Law, April 2010 Last Rights gives us a sense that with attainable changes in law and policy, medical training, and hospital habits, a better end-of-life experience can be made available to those who are gradually dying.
Books Employee Benefits, September 2010 Some suggestions for which books to use when beginning your ERISA research.
Boys, be careful what you promise By Mike Reed Commercial Banking, Collections, and Bankruptcy, June 2010 Illinois unequivocally recognized the use of promissory estoppel as a cause of action in the Illinois Supreme Court case of Newton Tractor Sales, Inc. v. Kubota Tractor Corporation.
“Bring out your dead!”—Do Freedom of Information Act privacy exemptions survive death? By Heidi Steiner, Iain D. Johnston, & Yana Karnaukhov Local Government Law, October 2010 There is some authority that suggests that the right to privacy is diminished with death. But there is no federal or state statutory authority, advisory manual, or case law that specifically prohibits such redaction of private information.
Building your online network By Peter LaSorsa Legal Technology, Standing Committee on, October 2010 Use these tips to improve your Internet presence and ensure your business comes up on the first page of a Google or Yahoo search.
Calumet Transfer v. Illinois Property Tax Appeal Board By William Seitz State and Local Taxation, August 2010 The first of two articles in this issue discussing the recently decided case of Calumet Transfer v. PTAB.
Capital loss carry forwards: Valuation and equitable distribution By Michael DiDomenico Family Law, September 2010 In the current market, divorce practitioners must increasingly consider capital loss carry forwards and the question of whether they constitute marital property.
Carrying on Lincoln’s legacy: Lawyers who are making a difference today Diversity Leadership Council, June 2010 Four distinguished Illinois attorneys shared their stories as part of the ISBA’s Midyear Meeting program, “Lincoln’s Legacy: Lawyers Protecting Life, Liberty and the Pursuit of Happiness.”
Case briefs By Whitney Rhew Alternative Dispute Resolution, December 2010 Summaries of recent cases affecting ADR practitioners.
Case briefs By Ivana Miljic Alternative Dispute Resolution, October 2010 Summaries of recent cases affecting ADR practitioners.
Case briefs By Sidra Hamidi Alternative Dispute Resolution, April 2010 Recent cases related to alternative dispute resolution.