Articles From 2010

Digital dictation is here… Throw away your mini-tapes By L. James Hanson Law Office Management and Economics, Standing Committee on, March 2010 Still using audio tapes for dictation and transcription? Here's how to make the transition to digital.
Dischargeability of child representative and guardian ad litem fees in bankruptcy By Arthur W. Rummler Child Law, March 2010 This article will review the dischargeability of certain divorce-related debts and explore a recent decision that applies the amended law to dischargeability of child representative and guardian ad litem fees incurred during a divorce case.
Discovering Electronically Stored Information (ESI): Self-Reliance and FRCivP 26* By Daniel Kegan Intellectual Property, December 2010 Federal Rule of Civil Procedure 26 (b)(2)(B) now requires an early conference among attorneys to discuss and plan discovery, including Electronically Stored Information (ESI). Attorneys cannot simply delegate to clients or commercial services the responsibility of understanding ESI and ESI discovery planning. The attorney has a non- delegable responsibility to know, not only traditional discovery relevance but also enough about email, computers, file archiving, the client’s business, and human nature to competently supervise others. This article presents an efficient procedure for self-reliant attorneys and firms to successfully manage the ESI discovery process. Guidelines are presented for both Macintosh and Windows computers.
Dispute resolution precautions in India By Sonia Baldia & Violeta I. Balan International and Immigration Law, August 2010 A few practical considerations to keep in mind when drafting contractual dispute resolution provisions involving India.
Disputed coverage and an insurer’s duty to settle By Carol Proctor Insurance Law, March 2010 Few courts have addressed the issue of whether an insurer can settle the covered counts of a complaint, leaving the non-covered counts, and withdraw its defense of the insured.
Dissolution of mandatory credit card arbitration clauses signals need for arbitration reform By Sidra Hamidi Alternative Dispute Resolution, February 2010 One of the primary uses of arbitration is seen in the settlement of consumer credit card disputes. However, mandatory arbitration clauses in credit card agreements have continually sparked the ire of both consumers and advocates of consumer rights.
Distinguishing marketing claims for grass-fed, organic, and pasture-raised livestock By A. Bryan Endres & Stephanie B. Johnson Animal Law, January 2010 In an effort to distinguish their products from those of competitors, some segments of the livestock and meat industries make labeling claims referring to special attributes of their product or process
District Court finds Carmack inapplicable to domestic leg of international shipment By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2010 If nothing else, this case underscores the importance of how the Supreme Court will resolve the conflicts among the Circuits on the issues being addressed in the pending Regal-Beloit Corp. appeal from the 9th Circuit.
District Court finds household goods cargo claim time-barred By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2010 This case teaches an important point: Carmack cargo damage suits must be filed in a timely manner.
District Court finds shipper’s Carmack claim valid, but finds shipper negligence claim preempted By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2010 The U.S. District Court for the Northern District of Illinois decided the case of Eastco International Corporation v. Coyote Logistics, LLC.
Diversity and health of the bench and bar can be enhanced through professional responsibility CLE By Jayne Reardon Racial and Ethnic Minorities and the Law, June 2010 Professional responsibility CLE can be a great way to elevate our profession to a higher level.
Diversity Leadership Council—Report from the Chair Diversity Leadership Council, June 2010 An introduction from Chair Alice Noble-Allgire.
Diversity Pipeline By Ebony R. Huddleston General Practice, Solo, and Small Firm, July 2010 The American Bar Association’s recently released report on diversity, while short on numeric data, highlights that law is less diverse than most other professions and that diversity in law is undergoing an increasingly slowing progress.
Divorce support groups for women offer numerous benefits By Linda A. Lucatorto Women and the Law, November 2010 Divorce is a life-altering change that inspires powerful emotions and new decisions. A support group can be a source of comfort through those difficult challenges.
Do some medical providers hold their testimony for ransom? By Richard D. Hannigan Workers' Compensation Law, June 2010 What exactly is a "reasonable" fee for the time and travel costs related to a doctor's expert testimony?
Do we have an independent Judiciary in Illinois? By Michael K. Goldberg General Practice, Solo, and Small Firm, September 2010 Thoughts on Illinois' judicial system, from Section Chair Michael Goldberg.
Does the Voluntary Payment Doctrine trump state unclaimed property laws? By Stanley R. Kaminski & David I. Curkovic State and Local Taxation, April 2010 Under a state’s voluntary payment doctrine, money considered voluntarily paid should not be subject to a state’s unclaimed property law.
Does §1782 allow for discovery in international arbitrations? The Renewed Debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, By Amy D. Mitchell International and Immigration Law, May 2010 The issue of whether 28 U.S.C. Section 1782 authorizes discovery in private foreign arbitrations is far from settled.
Does §1782 allow for discovery in international arbitrations? The renewed debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, By Amy D. Mitchell Alternative Dispute Resolution, February 2010 With the steady increase in transnational business activity, international arbitration is becoming the method of choice for resolving cross-border disputes. For that reason, the question of whether private international arbitral panels are “foreign or international tribunals” within the scope of Section 1782 is more significant than ever. The answer to this question could change the nature of international arbitration.
DOL: Office of the Solicitor Employee Benefits, March 2010 The Office of the Solicitor of the United State Department of Labor has filed amicus briefs in several pending cases.
Don’t let pharmaceutical product trademarks be a pain By Shannon A.R. Bond Intellectual Property, March 2010 The process involved in filing a trademark registration for a pharmaceutical product.
The DOs and DON’Ts when seeking fees in probate By Martin W. Siemer Elder Law, June 2010 A recent decision handed down by the First District Appellate Court, In re Estate of Bitoy, provides a good review of fee issues in probate estates.
Drafting enforceable non-competition agreements in Illinois By Peter A. Steinmeyer & Jake Schmidt Corporate Law Departments, May 2010 Read the author's six practical steps to improve the odds that a court will enforce a non-competition agreement.
Drug asset forfeiture: Will the courts quiet the critics? By Adam W. Ghrist Government Lawyers, June 2010 Those who argue against drug forfeiture need to answer this question: Do you want to rid your community of the illegal sale of drugs and the crime that comes with it?
Dumber than dirt By Phillip B. Lenzini Local Government Law, November 2010 A look at the recent case of Board of Education of Auburn Community Unit School District No. 10 v. Ill. Department of Revenue etc. et al.
Durable Powers of Attorney for Pet Care By Peter Canalia Animal Law, November 2010 A Durable Power of Attorney for Pet Care can be a useful document during times when you, the pet owner, must “temporarily” give custody of your pet to another person; for example, when you travel for business or pleasure.
E. Lynn Grayson’s Introduction of Judge George Leighton receiving the ISBA Diversity Leadership Award Diversity Leadership Council, June 2010 An description of the ISBA Diversity Leadership Award and background of its first recipient, Hon. George N. Leighton.
Early access to counsel for youth in detention By Elizabeth Clarke Child Law, November 2010 A new law requires a minor be given adequate time with counsel before a detention hearing.
eDiscovery issues: Possession, custody or control in the electronic age By Scott A. Carlson & Jay C. Carle Civil Practice and Procedure, March 2010 This is another article in a series about electronic discovery or “eDiscovery.” In this article we will discuss some of the issues that arise when one overlays the general standard of “possession, custody or control” on electronically stored information (“ESI”).
Editor comment By Mary Ann Connelly State and Local Taxation, October 2010 An introduction to the issue from Co-Editor Mary Ann Connelly.