Articles From 2011

Editor’s note By John L. Nisivaco Tort Law, March 2011 An introduction to the issue from Editor John Nisivaco.
Editor’s note By Kate O’Súilleabháin February 2011 An introduction to the issue from Editor Kate O Suilleabhain.
Editor’s Note: Attorneys must carefully consider their deeds By Adam B. Whiteman Real Estate Law, January 2011 A quitclaim deed is a seemingly innocuous form to the layman, and the attorney may be pressured just to ‘throw one together.’ Yet, if not drafted correctly, the consequences can be dire.
1 comment (Most recent January 13, 2011)
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, November 2011 An introduction and news updates from Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, August 2011 News updates of interest to workers' compensation lawyers, from editor Rich Hannigan.
Editor’s notes By Elizabeth A. Bleakley Business Advice and Financial Planning, August 2011 An introduction to the issue from editor Elizabeth Bleakley.
Editor’s notes By Elizabeth A. Bleakley Business Advice and Financial Planning, June 2011 An introduction to the issue from Editor Elizabeth A. Bleakley.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, June 2011 An introduction to the issue from Editor Richard D. Hannigan.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, February 2011 An introduction to the issue from Editor Richard D. Hannigan.
The effect of Iqbal v. Ashcroft in the Seventh Circuit By Patricia A. Zimmer Tort Law, May 2011 This case puts to rest the prior standard, that a complaint will not be dismissed pursuant to 12(b)(6) “unless it appears beyond doubt that plaintiff can prove no set of facts.”
An Egyptian’s right to know: The need for freedom of information laws in Egypt By Engy Abdelkader International and Immigration Law, September 2011 Enabling Egyptians to obtain accurate data about their government facilitates their active and informed participation in the political process and equips them to set the public agenda.
“Elder Law Issues for Everyone: Your Aging Clients, Their Parents and You”—A great success! By Mary F. Petruchius Women and the Law, June 2011 A recap of the recent CLE program co-sponsored by the Women and The Law Committee.
Emerging issues for Illinois employers in wage and hour law By Richard L. Samson & Michael D. Ray Law Office Management and Economics, Standing Committee on, September 2011 A list of issues that Illinois employers commonly face regarding wage and hour laws, and practical advice for minimizing liability and exposure in light of the burgeoning wave of related lawsuits.
Emotional side of civil union law By Anna Fridman Women and the Law, November 2011 The LGBT community in Illinois is now faced with the same issues that heterosexual couples have been grappling with for centuries in one form or another—those related to making an unequivocal proclamation of one’s commitment for the rest of their lives. 
Employees vote out union after company-filed petition for election By Alan M. Kaplan Corporate Law Departments, May 2011 In a seldom-used procedure under the National Labor Relations Act (“Act”), the company filed a special "RM Petition" requesting an election.
“Employer bashing” or “concerted action”: Consider your electronic use policy By Frank M. Grenard Corporate Law Departments, January 2011 An employee was recently terminated after posting complaints about her employer on her Facebook page, in violation, the employer claims, of its employment policy. What is too restrictive? What is appropriate? The case is scheduled for hearing on January 25th, 2011.
Employer cannot terminate employee based on conflict between independent medical examination and employee’s doctor By Michael R. Lied Labor and Employment Law, May 2011 In Grabs, et al. v. Safeway, Inc., et al., the appellate court concluded that when an employer is faced with conflicting medical opinions from the employee’s doctor and the employer’s Independent Medical Examiner, it may not rely solely on the IME report in terminating an employee for failing to return to work.
Employers and their attorneys left wanting more guidance after first major post-Sunbelt decision regarding reasonableness of restrictive covenants By Michael P. Tomlinson Labor and Employment Law, June 2011 The Steam Sales Corp. v. Summers decision is significant because it indicates that there may be cases in which the courts will evaluate whether protectable interests other than the already-recognized legitimate business interests can suffice to show the reasonableness of a restrictive covenant.
En banc decision provides guidance for evaluating modified products within a contempt proceeding By Brian R. Michalek Intellectual Property, September 2011 On April 20, 2011, the Court of Appeals for the Federal Circuit, sitting en banc, vacated a $110 million award against Echostar Corporation and implemented a new test for evaluating product redesigns within a contempt proceeding. The en banc Court overruled and modified the KSM test, effectively merging the old two-step test into one. Under the new test, the Courts are to inquire as whether the newly accused product was so different from the infringing product so as to create a fair ground of doubt as to the wrongfulness of the defendant's conduct.
Energy from renewable sources in Bulgaria: Embracing the feed-in-tariff By Elena Sabkova International and Immigration Law, December 2011 The new Bulgarian Law on Energy from Renewable Sources was expected to set a new stage for the players in this sector: its target was to increase the consumption of energy from renewables by creating predictable scenarios for the operators and the investors and guaranteeing government funding and support for the generators.
Essential Health Benefits: Balancing coverage and cost Health Care Law, December 2011 As part of recent Patient Protection and Affordable Care Act, Congress has directed that the Department of Health and Human Services (HHS) develop a package of basic essential benefits to be furnished by health insurance plans. The Institute of Medicine (IOM), in October, reported to HHS suggesting criteria to use in developing this package. The IOM report summary is included in this issue.
Establishing a corporate giving program By Leonard W. Sachs Law Office Management and Economics, Standing Committee on, April 2011 A look at Howard & Howard's corporate giving program, and some guidance for establishing your own.
Estate and gift tax changes for 2012 By Mike Drone Agricultural Law, December 2011 Tax changes that will take effect in the next year.
Estate and Gift Tax recent cases and rulings By Joseph P. O’Keefe, Elizabeth C. Hesselbach, & Paul A. Fagyal Federal Taxation, February 2011 A summary of recent cases from the past year.
Estate and gift tax update By James C. Krupp Federal Taxation, April 2011 A summary of recent cases.
Estate of Henry continues to make waves By Amanda M. Byrne Elder Law, February 2011 The two related cases, Henry III and Henry IV, involve a judgment that was upheld on appeal on behalf of Richard V. Henry, an elderly and infirm former attorney, against one of his caretakers.
Ethical issues for business and intellectual property lawyers, part 2 By Eugene F. Friedman Business Advice and Financial Planning, August 2011 The second installment in this series on ethics for business lawyers.
Ethical issues for business and intellectual property lawyers—Part 1 By Eugene F. Friedman Business Advice and Financial Planning, June 2011 The first installment in this series on ethics for business lawyers.
Ethics corner: The ethics of working with non-attorney professionals By Darrell Dies Trusts and Estates, July 2011 A look at some of the issues involved with providing estate planning and estate administration services to a financial planning firm's clients.
The ethics of outsourcing: An evolving necessity in the modern practice of law By Jason W. Mosley Business and Securities Law, January 2011 A discussion of the major ethical issues associated with domestically outsourcing legal work.