Section Newsletters

Articles From 2011

Trademark Specimens 101: When can a small business demonstrate use of its mark in commerce to qualify to register a federal trademark? By Steven L. Baron & Cameron E. Robinson Intellectual Property, December 2011 In order to register a federal trademark, it is necessary to show use in commerce of the mark. This article addresses the meaning of “use in commerce” for the purpose of federal registration and pays particular attention to when use of a mark on a web site constitutes use in commerce.  
Transfer of funds from Life Safety to Operations and Maintenance By Walter J. Zukowski Education Law, June 2011 A look at the new amendment to the Illinois School Code, which allows a school board to transfer surplus life safety taxes and interest earnings thereon to the operations and maintenance fund for building repair work.
Transitions in the law By Shital A. Patel Women and the Law, April 2011 Some practical advice to consider when changing practice areas.
Trial court subject matter jurisdiction By Jeffrey A. Parness Civil Practice and Procedure, June 2011 The term “jurisdiction” in civil actions in Illinois circuit courts has many definitions, often leading to much confusion. Some of the confusion should be reduced by the recent Illinois Supreme Court ruling in Luis R.
Trial practice in municipal code enforcement matters By Patti Gregory-Chang Administrative Law, October 2011 The second and final part in this series addressing how improper actions by municipalities through their employees can lead to liability. This article reviews some tips relative to handling of high volume ordinance or statutory violation matters.
Trial practice in municipal code enforcement matters By Patti Gregory-Chang Administrative Law, August 2011 Improper actions by municipalities through their employees can lead to liability. This article takes a look at what conduct is unconstitutional at all phases.
A tribute to attorney Dennis Norden By Darrell Dies Trusts and Estates, September 2011 Remembering Trusts & Estates Section member Dennis Norden, who passed away earlier this month.
1 comment (Most recent September 17, 2011)
A tribute to Madalyn Maxwell By Marc Christopher Loro Administrative Law, January 2011 Remembering retired Assistant Attorney General and ISBA Laureate Madalyn Maxwell.
Troubled times require new approaches By Kathleen Field Orr Local Government Law, October 2011 Only time will permit the market place to absorb the thousands of foreclosures of both commercial and residential properties. In order to participate in modest growth and reasonable expansion to sustain the infrastructure that has been put into place, communities must revisit their demands upon developer for impact fees, land dedications and renegotiate recapture agreements.
Trust me By Shannon A.R. Bond Intellectual Property, September 2011 “Trust me” is a phrase that often presages disaster. Many times, when trust is involved in contractual agreements, the family that does business together winds up in court together. Eva’s Bridal Ltd. discovered that the hard way when a naked trademark license got between trusting family members and the failure to hash out all the details resulted in a loss of trademark protection. Similarly, trusting property buyers lost millions and learned the importance of reading all the terms of an agreement after realizing that the Trump name had been merely licensed to the property developers.
The two doctor rule—The genesis of the referral has no bearing on the issue so long as the treating doctor makes the referral By John W. Powers Workers’ Compensation Law, August 2011 A look at the recent case of Absolute Cleaning v. Illinois Workers’ Compensation Comm’n.
Two new procedural options for trade mark infringement claims in the Federal Court of Canada By Joshua W. Spicer Intellectual Property, September 2011 Two recent decisions of the Federal Court of Canada and the Federal Court of Appeal offer new procedural options to pursue trade mark infringers in Canada. Typically an action, protreacted discovery and interlocutory motions and a trial were required to seek an injunction, damages, lost profits, or other substantive relief. However, in Louis Vuitton Malletier S.A. v. Singga Enterprises (Canada June 2011) the Federal Court for the first time granted judgment under new summary trial provisions of the Federal Court Rules, setting a meaningful precedent for the expedited procedure. In BBM Canada v. Research in Motion Limited the Federal Court of Appeal held that an application—a summary procedure akin to a motion with no discovery—may be used to pursue an injunction and damages for trade mark infringement and that such claims are not confined to proceeding as an action.
Understanding securities issues for private companies By Elizabeth A. Bleakley & Howard Rosenburg Business Advice and Financial Planning, April 2011 A discussion of the issues a business will face when deciding to sell equity or debt securities.
The Uniform Collaborative Law Rules/Act rejected by the ABA House of Delegates By Casey Harter Alternative Dispute Resolution, October 2011 As the practice of collaborative law has spread, it has become increasingly important that there be some framework protecting participants and promoting uniformity in the process.
The United States Hispanic Leadership Institute By Juan Andrade Diversity Leadership Council, June 2011 Learn more about this nationally acclaimed Chicago-based nonprofit that, since it began its community empowerment work in 1982, has increased the number of Hispanics registered to vote from 82,000 to over 200,000.
The unusual case—Plaintiff is stuck with defendant’s attorney fees By Michael R. Lied Labor and Employment Law, October 2011 A summary of the recent case of Matthews v. Wisconsin Energy Corporation, Inc.
Up Cypress Creek: Mechanics liens get an inferiority complex By Eric Singer Construction Law, December 2011 While the Cypress Creek case has been decried as the death of the Mechanics Lien Act, it merely clarified what lenders have always been able to accomplish.
Update: Against the best interest of children: Religious discrimination, civil unions, foster care and adoption By Linda S. Coon Child Law, November 2011 A discussion of the reasons for the ISBA Child Law Legislation Subcommittee's opposition to a bill in the Illinois Senate that would have amended the Civil Union Act to allow "religious child welfare agencies" to discriminate under some circumstances.
USCIS announcement regarding job creation: The first step in a pro-growth immigration policy? By Tejas Shah International and Immigration Law, October 2011 An examination of the August 2nd USCIS announcement, its significance, and legal considerations. 
Using a probate citation for recovering real estate & more… By Philip E. Koenig Trusts and Estates, October 2011 An overview of Citations for Recovery of property, who may bring a citation proceeding and what property may be recovered in such a proceeding, as well as some sample pleadings.
1 comment (Most recent October 31, 2011)
Vacating default judgments: Make it make a difference By Patrick M. Kinnally Civil Practice and Procedure, January 2011 A look at the ramifications of Blazyk v. Daman Express, Inc., decided December 17, 2010.
The valuation of companion animals: Neither cattle nor chattel By Steven J. Winger Animal Law, September 2011 The legal system has traditionally treated companion animals as ordinary personal property with little value, and the majority of courts remain reluctant to acknowledge the special value that pets have for their owners. 
View from the Chair By Gary T. Rafool Senior Lawyers, October 2011 An introduction from Senior Law Section Chair Gary Rafool.
Viewing an encroachment problem through the dual lens of the real estate contract and the 2006 ALTA owner’s title insurance policy By Richard F. Bales Real Estate Law, June 2011 The title company failed to show a six-inch encroachment of a neighboring single family residence onto the property in question when it issued its owner’s policy in 2008. Three years later, it is now being asked to insure the property again. How should the title company address this encroachment problem?
Viskase—Testing prior art not required to prove anticipation Intellectual Property, April 2011 A summary of the recent decision involving Viskase, an Illinois-based company and its competitor, World Pac International USA.
Voluntarily dismissing a lawsuit and later refiling is not an escape hatch through which to disclose new witnesses if witness disclosure deadlines already passed in the original lawsuit By Alyx J. Parker Young Lawyers Division, April 2011 An attorney must take great care when dealing with Rule 213 witness disclosure deadlines, as a voluntary dismissal will not remedy omissions by simply re-filing the lawsuit and disclosing the omitted witness(es).
Wage Act Amendment By Jewel N. Klein General Practice, Solo, and Small Firm, July 2011 In effect since January of this year, Public Act 096-1407 increases both the civil and criminal penalties for violation of the Wage Act and makes it easier for employees to find attorneys to litigate their rights by including a fee shifting provision.
Wage differentials: Is it all just speculation? By Carol A. Hartline Workers’ Compensation Law, June 2011 A look at the recent case of United Airlines v. Workers' Compensation Comm'n, which addressed what could be allowed in as evidence to determine an 8(d)(1) award.
Warning! Section 12 may be hazardous to your health and not compensable under the Act By William R. Gallagher Workers’ Compensation Law, June 2011 The recent case of Menard v. Illinois Workers’ Compensation Commission appears to determine that an injury in connection with a Section 12 examination is not compensable. However, a careful reading of that case indicates that it may not be the final adjudication of this issue.
We’ve come along way, i-baby By Janice L. Boback Women and the Law, November 2011 The author highlights some of the most useful apps for the iPad both in and outside of her practice.
1 comment (Most recent November 20, 2011)