Articles From 2012

From the YLD Chair: Looking back… and looking forward By Heather M. Fritsch & Meghan O’Brien Young Lawyers Division, June 2012 Messages from both the outgoing and incoming YLD Chairs.
From your editors By Charles LeFebvre & Heather McPherson Elder Law, February 2012 An introduction to the issue from Co-editors Charles LeFebvre and Heather McPherson.
FTC’s recent administrative complaint In the Matter of Omnicare, Inc., PharMerica merger demonstrates continued significance of traditional market structure analysis By Richard R. Falek & Ralph V. Pantony, III August 2012 The Omnicare complaint demonstrates that the FTC may use the most persuasive—and not necessarily the most current—theories to make their case.
Fulfilling the promise of equal access for all Illinoisans: The Illinois Supreme Court Commission on Access to Justice By Hon. Michael B. Hyman Bench and Bar, July 2012 The Illinois Supreme Court, through its Commission on Access to Justice, has committed the legal profession to ensure that justice is never beyond anyone’s reach.
The future is almost here? By Anna Fridman Women and the Law, December 2012 The future, at least in the sense of predicting your lifespan and your potential for developing certain diseases, might not be very far off according to leading researchers in the field of genetic testing. But how might this information be used? How might people’s behavior change with the knowledge of new information?
Get paid… Faster than a speeding bullet By Amy Porter Law Office Management and Economics, Standing Committee on, February 2012 By using technology as a payment tool, you give clients flexible payment options while allowing yourself to get paid quickly and securely.
Gift tax annual exclusion concerns when conveying business interests By Hugh F. Drake Trusts and Estates, October 2012 A recent Tax Court decision in Wimmer v. Commissioner holds that limited partnership interests gifted over a period of years qualified for the gift tax annual exclusion due to the receipt of income distributions from the partnership.
Gift tax annual exclusion concerns when conveying business interests By Hugh F. Drake Business Advice and Financial Planning, September 2012 A recent Tax Court decision in Wimmer v. Commissioner holds that limited partnership interests gifted over a period of years qualified for the gift tax annual exclusion due to the receipt of income distributions from the partnership.
“Give Me Shelter”—an overview of legal issues facing public and private animal shelters, Part IV By Jane McBride Animal Law, January 2012 The fourth and final installment in this series that examines the risks and responsibilities involved in serving as a shelter legal advisor.
Good to be a Googler By David B. Yavitz Legal Technology, Standing Committee on, September 2012 A Googler is defined as an employee of Google. If you are a Geek and fortunate enough to land a job at Google, you have made it to Geek Heaven.
Gotta get back in time: Limitations of rescue by the savings statute By Adam B. Whiteman Civil Practice and Procedure, February 2012 If you intend to voluntarily dismiss a case with the intent of re-filing under the savings statute, you should be very careful to populate the dismissed complaint with as many facts and issues as possible. 
Government’s liability in school shootings: Green v. Chicago Board of Education summary By Sania Merchant Education Law, June 2012 This case examines a public schools’ liability when one high school student fatally shot another student on school premises after the school day had ended. 
Governor signs Freedom of Information Act and Open Meetings Act changes Administrative Law, January 2012 A summary of the new Freedom of Information Act and Open Meetings Act amendments.
The gravity of adhering to visitation rules in foster placements in Illinois By Emily Livingston Child Law, June 2012   These otherwise positive arrangements can turn detrimental when participants begin to veer from the rules of visitation. The diligent Juvenile Court lawyer should be aware of the life-changing consequences when parents and foster caregivers do not abide by visitation rules in foster placements.
Guarantor beware By Jerry D. Cavanaugh Commercial Banking, Collections, and Bankruptcy, September 2012 A summary of the recent case of TH Davidson and Company vs. EIDOLA Concrete and Thomas Kilbride.
Guardian may seek permission for dissolution of marriage By Robert T. Park Civil Practice and Procedure, October 2012 IKarbin v. Karbin, the Illinois Supreme Court reversed its prior precedent and held that a guardian may request court permission to seek dissolution of the ward’s marriage.
A guide to repairing broken condominiums By Richard F. Bales Real Estate Law, July 2012 An overview of Sections 16, 15, and 14.5 of the Condominium Property Act, which can be very effective in rescuing troubled condominium projects.
H-1B quota for 2013 By Tejas Shah International and Immigration Law, April 2012 While it is anybody’s guess how quickly the quota will fill up this year, it is reasonably certain that it will fill up sooner than in past years.
Hanks v. Cotler: An example of the “apogee of disingenuousness” By Hon. Daniel T. Gillespie & Daniel J. Bishop Bench and Bar, June 2012 Justice Terry Lavin’s opinion in Hanks v. Cotler constitutes an excellent play-by-play analysis of the intersection of the statutes of limitations and the statutes of repose with the common-law discovery rule. 
Hanks v. Cotler: An example of the “apogee of disingenuousness” By Hon. Daniel T. Gillespie & Daniel J. Bishop Civil Practice and Procedure, May 2012 Justice Terry Lavin’s opinion in Hanks v. Cotler constitutes an excellent play-by-play analysis of the intersection of the statutes of limitations and the statutes of repose with the common-law discovery rule. 
Happenings By Taryn Vaughan, Madalyn Phillips, & Casey Harter Alternative Dispute Resolution, November 2012 Mediation updates from around the country.
Happenings By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van Dreel Alternative Dispute Resolution, October 2012 Mediation updates from around the country.
Happenings By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van Dreel Alternative Dispute Resolution, May 2012 Mediation updates from around the country.
Happenings By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van Dreel Alternative Dispute Resolution, April 2012 Mediation updates from around the country.
Happenings By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van Dreel Alternative Dispute Resolution, February 2012 Mediation updates from around the country.
Happenings Alternative Dispute Resolution, January 2012 Mediation updates from around the country.
Help hospice out of the closet By Daniel M. Moore, Jr. Elder Law, December 2012 While the present dichotomy of curative versus hospice care exists, elder law attorneys can play a helpful, healthful role by apprising their clients making health care advance directives of the potential advantages of hospice at a future time. 
Higher use of advanced imaging services by providers who self-refer costing Medicare millions Health Care Law, December 2012 Self-referral by physicians is controversial. In September, the Government Accountability Office (GAO) released a report looking at the costs to Medicare associated with self-referral for imaging services. In this report, the GAO estimates that in 2010, providers who self-referred made 400,000 more referrals for imaging services than they would have if they were not self-referring. These additional referrals cost Medicare about $109 million. A summary of the report is included in this issue of the Health care Lawyer.  
Home alone: Legal considerations in the decision to leave children unattended By Amy A. Schellekens Child Law, December 2012 Parents should educate themselves on the legal parameters and guidelines regarding leaving children alone, but ultimately the decision should be based on that specific child’s needs and capabilities.
The Honorable George N. Leighton Criminal Courts Building By Hon. Alfred M. Swanson, Jr. Bench and Bar, July 2012 A reprint of remarks given by Hon. George N. Leighton, for whom the Criminal Courts Building on Chicago's southwest side was just renamed.