Section Newsletters

Articles From 2010

Ten hallmarks of effective international arbitration agreements By William H. Knull International and Immigration Law, May 2010 A list of the ten most important characteristics of an enforceable, functional dispute resolution clause.
Terms of engagement By Darrell Dies Trusts and Estates, January 2010 If using an engagement letter is a foreign concept to you, then you will benefit from reviewing this article, which summarizes a couple of the new Rules of Professional Conduct adopted by the Illinois Supreme Court that became effective January 1, 2010
Third-party discovery in arbitrations By Champ W. Davis Alternative Dispute Resolution, June 2010 Should parties be free to spell out the procedures they will abide by? Or should third-party discovery be eliminated altogether so that arbitration is faster and less costly? The Seventh Circuit has so far been split on the issue.
Third-Party’s claim to Section 5(a) immunity rejected By Timothy S. McNally Workers’ Compensation Law, March 2010 The First District recently confirmed that third parties will not enjoy the immunity from common law actions that protects employers and co-employees from liability under Section 5(a) of the Illinois Workers’ Compensation Act.
This is the ordinary course of business? Defenses to a preference action under 547(c)(2) By Lawrence O. Taliana Commercial Banking, Collections, and Bankruptcy, March 2010 A review of the basic cases related to arguing an “ordinary business terms” defense under 547(c)(2)(B) of the BAPCPA.
Thomas L. Kilbride elected as next Supreme Court Chief Justice By Joseph Tybor Bench and Bar, November 2010 Learn more about the newly elected Chief Justice of the Illinois Supreme Court.
Thornton, known for emotional distress, is notable for the Single Recovery Rule and set offs By John B. Kincaid Civil Practice and Procedure, March 2010 Thornton v. Garcini, (2009 WL 3471065) was decided by the Illinois Supreme Court in a concise compact opinion authored by Justice Kilbride on October 29, 2009. The case raises issues unique to the civil practice arena as well as the medical negligence forum. As of the preparation of these remarks, the opinion remains subject to revision or withdrawal.
Three women on the Court By Michele M. Jochner Bench and Bar, November 2010 For the first time in history, three women serve on both the U.S. Supreme Court and the Illinois Supreme Court.
TIF 101 By David J. Silverman Local Government Law, September 2010 An explanation of Tax Increment Allocation Financing, arguably the most powerful economic redevelopment tool available to municipalities in Illinois.
Time to make a difference By Robert E. Wells, Jr. Alternative Dispute Resolution, December 2010 Law Day 2011 provides an ideal vehicle to re-emphasize the efforts and commitment of our profession to making this a better world. Check the next issue of this newsletter for details on how to get involved.
Tort immunity in medical malpractice cases By Thomas Q. Keefe, III & Thomas Q. Keefe, Jr. Tort Law, February 2010 Public entities and public employees are immune from allegations of failure to diagnose and misdiagnosis, as well as allegations of failure to perform adequate exams (but not for improper treatment after diagnosis).
Toy Story: The battle of Barbie versus the Bratz By Dale R. Kurth Intellectual Property, December 2010 A look at the recently decided case of Mattel, Inc. v. MGA Entertainment, Inc.
A tribute to Justice Frederick S. Green By Richard L. Thies Bench and Bar, February 2010 Those of us who knew Fred miss him greatly, but the legacy that he left in the community of Urbana-Champaign, to the judiciary and to the legal profession of Illinois, will always be remembered and cherished.
Trust fund recovery penalties By David P. Dorner State and Local Taxation, July 2010 If a business were to default on the payment of its trust fund taxes, the Department could seek recovery of such taxes, plus penalties and interest, in the form of a 100 percent penalty directly from the responsible officer or employee.
Trust TBE Creditor Protection—A bonanza or a boondoggle? By Gregg M. Simon Trusts and Estates, September 2010 Because of uncertainty as to how the Illinois tenancy by the entirety statute may be applied, until clarified by remedial legislation, case law or otherwise, utilization of this statute may not be prudent.
Twice a Woman By Aristea Geroulis & Aneta Kuros Women and the Law, November 2010 A review of the new film shown at the Chicago International Film Festival, by two women who confront domestic violence daily.
Two commentaries on judicial independence By Alfred M. Swanson, Jr. Bench and Bar, June 2010 In two days last month, Justice Sandra Day O’Connor and new Illinois Judges Association President Lewis Nixon emphasized the importance of judicial independence.
Union indemnifies employer for pension withdrawal liability By Michael R. Lied Labor and Employment Law, January 2010 Pittsburgh Mack Sales & Service, Inc. v. International Union of Operating Engineers, Local Union No. 66, 580 F.3d 185 (3d Cir. 2990) involved the unusual situation in which a union agreed to partially indemnify the employer for pension contributions.
The Unity Dinner and Annual Bar President’s Swearing-In Ceremony unites the legal community in a celebration of diversity Diversity Leadership Council, June 2010 More than 50 area bar associations came together for the 2009 Unity Award Dinner and Seventh Annual Bar Presidents Swearing-In Ceremony.
Update from the Chair of the Standing Committee on Racial and Ethnic Minorities and the Law Diversity Leadership Council, June 2010 The mission of the Standing Committee has been focused on educating and creating awareness of issues impacting racial and ethnic minorities.
Update from the Chair of the Women and the Law Committee 2009-2010 Diversity Leadership Council, June 2010 The Chair provides insight into the Committee's accomplishments this year.
An update on Thornton v. Garcini Bench and Bar, June 2010 Last month, on the very day this Newsletter published an article discussing Thornton v. Garcini, the Supreme Court issued a modified opinion as it denied the motion for rehearing.
The urgent need for juvenile justice reform By Mark D. Hassakis Child Law, November 2010 A look at the problems facing Illinois' juvenile justice system.
U.S. charities and international philanthropy: What you need to know By Stephanie J. Bagot International and Immigration Law, August 2010 U.S. charities should carefully evaluate their policies and procedures to ensure they comply with IRS and Federal counter-terrorism regulations.
U.S. charities and international philanthropy: What you need to know By Stephanie J. Bagot Corporate Law Departments, May 2010 U.S. charities should carefully evaluate their policies and procedures to ensure they comply with IRS and Federal counter-terrorism regulations.
USCIS changes filing requirements for immigrant foreign religious workers By Michael R. Lied International and Immigration Law, December 2010 Up to 5,000 special immigrant visas may be granted to religious workers each year. This visa is available for (1) ministers, (2) religious workers in a professional capacity in a religious vocation or occupation and (3) religious workers in a religious vocation or occupation as defined in the statute.
The use of receiverships for managing troubled assets By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, December 2010 Receiverships are something that all lenders should consider in managing distressed real estate. Lenders should also consider creative ways for receivers to manage distressed assets to meet the needs of a particular asset.
Using Adobe Acrobat for your legal research By Bryan Sims Legal Technology, Standing Committee on, September 2010 By printing a case to PDF, you can leverage technology to make your research more user-friendly and accessible.
Using real-time transcription technology in depositions By Damian Capozzola Administrative Law, April 2010 Advances in technology have made it possible for the court reporter’s transcript to be displayed on counsel’s computer during a deposition with words being displayed as they are spoken, much like closed captioning on television.
The value of strategic counsel By Barbara B. Bressler Intellectual Property, October 2010 Laypeople do not understand the nuances of trademark law, and the U.S. Patent and Trademark Office Web site does not do those people a service by making it appear easy to do it themselves.