Articles From 2011

Crimes involving moral turpitude: Do attempts count? By Mark E. Wojcik International and Immigration Law, June 2011 Section 237(a)(2)(A)(ii) of the Immigration and Nationality Act covers convictions for crimes involving moral turpitude but it does not expressly include attempt offenses.
The curious history of resale price maintenance By Charles A. Stewart Business Advice and Financial Planning, June 2011 The agreement between manufacturer and retailer to set minimum prices eliminates, or at least dramatically restricts intrabrand competition among retailers of the articles and so is an obvious restraint of trade deemed illegal by the Sherman Act.
The curious history of resale price maintenance By Charles A. Stewart Business and Securities Law, May 2011 The agreement between manufacturer and retailer to set minimum prices eliminates, or at least dramatically restricts intrabrand competition among retailers of the articles and so is an obvious restraint of trade deemed illegal by the Sherman Act.
Current issues in connection with capital formation for privately held companies By William Hadler Business and Securities Law, November 2011 In early 2011 Goldman Sachs made two investments in Facebook, Inc. igniting a national debate over the regulatory framework governing private capital raising alternatives. 
Damages available for breach of fiduciary duty By Lawrence E. Varsek & Roman R. Okrei Trusts and Estates, August 2011 There are multiple remedies available for breach of fiduciary duty in Illinois, and it is clear that one remedy alone may not be sufficient to compensate an injured party.
Dealing with time limits By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2011 A fictional discussion of the importance of mediator credibility.
Death of the mechanic’s lien? By Richard C. Jones, Jr. Real Estate Law, May 2011 As a result of LaSalle Bank National Association v. Cypress Creek I, LP, the mechanic’s lien no longer provides protection to contractors.
4 comments (Most recent May 12, 2011)
DeBofsky offers testimony on reforming ERISA By Mark D. DeBofsky Insurance Law, February 2011 Read the transcript of Mr. DeBofsky's testimony before the Senate Finance Committee.
Defending DUI refusals in jury trial cases—Practical tips By Donald J. Ramsell Traffic Laws and Courts, March 2011 Some tried-and-true tips to use in a refusal case to help you achieve a not-guilty verdict.
2 comments (Most recent March 14, 2011)
Department of Commerce takes on trademark bullies By Joseph T. Nabor Intellectual Property, June 2011 The Department of Commerce recently released its report which studied whether or not some trademark owners are using their trademark rights in an overly aggressive enforcement effort—commonly known as the Trademark Bullies report.
Discovery in international arbitration International and Immigration Law, September 2011 Learn about discovery in international arbitration at this seminar on October 4th.
Discovery of those online: Using Supreme Court Rule 224 to ascertain the identity of anonymous online posters By Patrick M. Kinnally Civil Practice and Procedure, December 2011 Supreme Court Rule 224 provides that a person may file an independent action seeking discovery before a suit is filed to determine the identity of one who may be responsible in damages. And in the recent case of Maxon v. Ottawa Publishing Co., it was used to identify the posters of critical online commentary.
Dissipation defined By Robin R. Miller Family Law, May 2011 The wide variety of expenditures that constitute dissipation should be an inspiration to lawyers to apply their craft. The field is broad in the range of arguments that can support a claim of dissipation under Illinois law.
District court refuses to reconsider Carmack preemption of cargo claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, November 2011   In Personal Communications Devices v. Platinum Cargo Logistics, Inc., the U.S. District Court for the Central District of California denied plaintiff’s Motion for Reconsideration of a partial grant of summary judgment in cargo claim litigation.
District court sustains freight forwarder/motor contract carrier’s limited liability defense By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2011 A summary of the recent OneBeacon Insurance v. Haas Industries, Inc. case.
Diversity Fellow Spotlight—Beverly A. Allen, Land of Lincoln Legal Assistance Foundation, Inc. By Beverly Yang Racial and Ethnic Minorities and the Law, December 2011 Given her decades-long dedication to serving those who cannot afford legal services, advocating on behalf of minorities and fighting for equal justice, it is only fitting that Beverly has been appointed to the ISBA Diversity Leadership Council as a 2011-2012 Fellow.
Diversity Scholarship Foundation, Mentoring, Women & Minorities By Jennifer M. Sender Diversity Leadership Council, June 2011 Throughout the plan year, the Diversity Scholarship Foundation offers support to small, medium, and large law firms to become their “diversity partners” and encourages mentoring and recruitment of minority attorneys. As a diversity partner, the DSF will work hand-in-hand with the leadership of these firms to structure and implement a diversity plan of action beyond mere lip service.
Divorce among professional women By Karen M. Pinkert-Lieb Women and the Law, April 2011 Not only are professional women more likely to get divorced, but the number of women paying alimony has almost doubled since the late 90s. Here are some tips to help protect yourself in the event of a divorce.
Does my security agreement cover future advances? By Carson D. Maricle Commercial Banking, Collections, and Bankruptcy, June 2011 Under Revised Article 9 of the Illinois UCC, collateral may secure future advances, as well as past or present advances, if the security agreement so provides.
Does the loss of the Long Time Occupant Homestead Exemption increase taxes, or does it merely reflect the removal of a previously granted protection no longer needed because of the declining market? By Gary H. Smith State and Local Taxation, December 2011 What effect does a reduced Long Time Occupant Homestead Exemption in a depreciating real estate market have upon the tax burden to the long-time homeowner?
Does your voicemail irritate clients? By Donald E. Weihl Law Office Management and Economics, Standing Committee on, September 2011 Some tips for creating the most effective voice mail messages.
Don’t be intimidated by DUIs with blood evidence By Erica Nichols Traffic Laws and Courts, August 2011 Each type of blood draw has its own legal requirements for admission into evidence at trial. It is these requirements that provide the opportunity to defeat the blood evidence.
Don’t fear the reaper By Kevin Lovellette & Mary Jane Adkins Government Lawyers, June 2011 As government attorneys, we should have the ability to speak with a Coroner to gather all the information necessary to properly defend or prosecute on behalf of the People.
Double whammy—Employers engaged in systematic wage theft best beware By Glenn R. Gaffney Federal Civil Practice, June 2011 A January, 2011 Seventh Circuit Court of Appeals decision now allows plaintiff class action lawyers to combine FLSA collective “opt-in” actions with state law “opt-out” class actions.
Double whammy—Employers engaged in systematic wage theft best beware By Glenn R. Gaffney Labor and Employment Law, March 2011 Effective January 1, 2011, new amendments to the Illinois Wage Payment and Collection Act establish a two percent penalty of the unpaid wages due an employee for each month of underpaymen, and also now provides that employees need not file a claim with the Department of Labor prior to filing a private right of action.
Douglas holds the record on the United States Supreme Court By Michele M. Jochner Bench and Bar, March 2011 Appointed in 1939 to the U.S. Supreme Court, William O. Douglas served on the bench for more than 36 years and endured two impeachment proceedings.
Downtown Disposal Services, Inc. v. City of Chicago By Richard D. Boonstra & John C. Lillig Administrative Law, April 2011 In a unanimous decision the First District Appellate Court reversed and remanded the case, holding that the Circuit Court’s application of the “nullity rule” against Downtown Disposal did not further the purposes of the rule.
Dr. Liu Xiaobo: I have no enemies By Peter Y. Qiu International and Immigration Law, January 2011 Last month Dr. Liu Xiaobo, currently incarcerated as a political prisoner, became the first Chinese citizen to win the Nobel Peace Prize.
Driving under the influence: Not just for alcohol anymore By Erica Nichols Traffic Laws and Courts, March 2011 Illinois' DUI statute lists six different measurements by which an individual can be found to be under the influence, and only the first two are related to alcohol.
1 comment (Most recent March 10, 2011)
Duty to defend By Laurie E. Dugoniths Corporate Law Departments, August 2011 The duty to defend is a contractual obligation almost always found in commercial general liability policies and, as the costs of litigation continue to rise, is often considered to be more valuable to an insured than the duty to indemnify.

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