Section Newsletters

Articles From 2011

Greetings from the Chair By Adam Nelson Legal Technology, Standing Committee on, April 2011 A message from CoLT Chair Adam Nelson.
H-1B cap alert, a call for more H-1B visas, and H-1B cap gap planning for fiscal year 2012 By Scott D. Pollock International and Immigration Law, May 2011 The author argues that Congress should eliminate the H-1B cap.
Happenings Alternative Dispute Resolution, June 2011 Mediation updates from around the country.
Happenings By Ivana Miljic Alternative Dispute Resolution, April 2011 Mediation updates from around the country.
Happenings By Joshua Bailey Alternative Dispute Resolution, March 2011 Mediation updates from around the country.
Have you destroyed your memory? By Don Mateer Senior Lawyers, October 2011 Some models of copy machines have hard drives and may contain copies of every document that was scanned, copied or emailed. So how do you get rid of your old machine while still keeping your confidential information safe?
Hazards of failure to register as a foreign corporation By Stephen M. Proctor Corporate Law Departments, June 2011 Although registering as a foreign corporation will subject the corporation to the state’s jurisdiction and taxation, some consequences, as shown in Centralia Mining Co., v. Deneen Crawford, could be even more severe.
Health care reform—Guidance and then some By Michael J. Powers Law Office Management and Economics, Standing Committee on, April 2011 A look at those aspects of the Patient Protection and Affordable Care Act and the related Health Care Education and Reconciliation Act of 2010 that are most important to employers who sponsor healthcare plans for employees.
Highlights from the Luminary of Hope event By Melissa M. Olivero Women and the Law, April 2011 Nearly 100 people commemorated Domestic Violence Awareness Month at the annual Luminary of Hope event.
Historical review of inflation adjustments to estate tax exemptions By Gregg M. Simon Trusts and Estates, December 2011 A compilation of tables that illustrate the changes that have been made in estate tax exemptions over the years.
History of International Law—International and Immigration Law Section Council International and Immigration Law, August 2011 The list of Section Chairs is finally complete!
Homecoming heroes: Adopting retired military dogs By Jane McBride Animal Law, June 2011 The November 6, 2000 enactment of legislation known as Robby’s Law, Public Law 106-446, made the adoption of military working dogs (“MWDs”) possible.
Homeless twin prevails over CHA By Jewel N. Klein Administrative Law, January 2011 The recent case of Landers v. Chicago Housing Authority.
How do you calculate two years for a Section 2-1401 Motion to Vacate? Court ignores 1918 case By Robert Handley Civil Practice and Procedure, November 2011 The first lesson from Parker v. Murdock is that in calculating two years for a Section 2-1401 Petition to Vacate, we should do it the way we would normally think it would be done. However, the second lesson is that you cannot cite cases decided prior to 1935 with any certainty that they will be followed.
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How do you know if you don’t try it? By Frank V. Ariano Senior Lawyers, October 2011 Did you know there are eight different methods by which to experience the ISBA's CLE programs? Author Frank Ariano explains the options.
How does a violation of the Nursing Home Care Act affect a facility’s right to recover unpaid amounts? By Laura A. Elkayam & Lawrence J. Stark Health Care Law, September 2011 When a nursing home fails to get a resident’s signature on a written contract, can it still collect its charges? Read what the Illinois courts have said.
How similar is similar? By Michael R. Lied Labor and Employment Law, December 2011 In Eaton v. Indiana Dep’t Corrections, the Seventh Circuit found that similarly situated employees must be directly comparable to the plaintiff in all material respects, including rule or policy violations.
How to avoid the “penalty box” By Christine M. Ory Workers’ Compensation Law, June 2011 Respondents can be tagged for penalties under Sections 19k, 19l and attorneys’ fees under 16 if they do not have justification for delaying or denying benefits. To defeat penalties, respondents must put forth a legitimate dispute.
How to laugh in the face of a data disaster By Alan Pearlman Law Office Management and Economics, Standing Committee on, September 2011 A true story from the case chronicles of ETS Investigative Services of Wilmette, Illinois, a firm specializing in data security, recovery, forensics and investigation.
The Human Rights Campaign Corporate Equality Index By Marc A. Garcia Diversity Leadership Council, June 2011 Since 2002, through the Corporate Equality Index (CEI), the Human Rights Campaign has surveyed major businesses, including law firms, to benchmark important employer benefits and protections for lesbian, gay, bisexual and transgender (LGBT) employees and their families.
Hydrogen Peroxide two years later—Antitrust class certification update By Karen Sewell February 2011 A look at the changes in antitrust class certification since In re Hydrogen Peroxide Antitrust Litigation.
ICANN likely to open new general top-level domain names this year By John Ambrogi Corporate Law Departments, May 2011 The Internet Corporation for Assigned Names and Numbers (ICANN) is a not-for-profit corporation formed in 1998 that is dedicated to keeping the Internet stable, secure and interoperable. The new top level domain (TLD) offerings will enable businesses, governments, and organizations to own and operate a TLD of their choosing.
ICG Natural Resources v. BPI Energy, 399 Ill. App. 3d 554 (5th District 2010) By Jason M. Barnhart Mineral Law, February 2011 Should royalty leases, also known as “pay if you mine leases,” remain void ab initio given today’s markets and technology? A look at ICG Natural Resources v. BPI Energy.
IDOR Practitioners Meeting, January 28, 2011: Questions submitted for response By Stanley R. Kaminski & David I. Curkovic State and Local Taxation, February 2011 Questions and answers from the Illinois Department of Revenue's recent meeting.
IDOT answers your questions: Farmers and the Motor Carrier Safety Regulations Agricultural Law, February 2011 The following article, reprinted here from the Illinois Department of Transportation Web site, answers questions regarding how the FMCSR and the IMCSR apply to farmers and those who work for them.
If you call it a bonus, is it necessarily excluded from the calculation of average weekly wage? And when do you include overtime in the calculation of average weekly wage? By Richard D. Hannigan Workers’ Compensation Law, November 2011 The court stated that there is a distinction between incentive-based pay, which an employee receives in consideration for specific work performed as a matter of contractual right and a bonus which an employee receives for no consideration or in consideration for overall performance a,t the sole discretion of the employer.
Illegal aliens and the balancing of immigration reform with the “in terrorem” effect By Glenn R. Gaffney Labor and Employment Law, May 2011 A look at some of the “undocumented worker” issues raised in state and federal courts, as well as the “in terrorem” effect of a defendant’s inquiry into an illegal alien’s status.
Illinois Civil Union Act By Derek A. Schryer Employee Benefits, March 2011 Beginning on June 1, 2011, Illinois will recognize same-sex marriages, civil unions or other similar legal relations entered into in another jurisdiction as a civil union.
The Illinois Civil Union Act and employer-provided health insurance By Michael R. Lied & Michael J. Powers Labor and Employment Law, July 2011 Effective June 1, 2011, unmarried adult partners can enter into a civil union in the State of Illinois by virtue of the Religious Freedom Protection and Civil Union Act.
Illinois Civil Union Act raises filing questions By Kathleen M. Lach State and Local Taxation, October 2011 The Illinois Department of Revenue is currently reviewing whether the Civil Union Act would allow joint filing of tax returns by same-sex couples under the Illinois Income Tax Act.