Articles From 2012

Proactive and crisis planning strategies under DRA and the SMART Act By Teresa Nuccio Trusts and Estates, July 2012 A highlight of the major changes under DRA and the SMART Act and will outline both proactive and crisis planning strategies that remain viable.
Professional Development Series By Jessica Durkin Young Lawyers Division, October 2012 Learn more about the YLD's new series of luncheons created to help law students and young lawyers advance their careers.
A promise to pay expenses is inadmissible to prove liability By Hon. Allen S. Goldberg & Rosezena Pierce Civil Practice and Procedure, November 2012 The holding in Lambert v. Coonrod means that even if the defendant makes a statement about his or her willingness to pay expenses arising out of an injury while liability is still being disputed, the plaintiff’s attorney cannot use this statement in court as an admission for the purpose of proving liability.
Proposed technical correction to Section 7430—Awarding of costs and certain fees By George E. Marifian Federal Taxation, September 2012 Section 7430, as currently drafted, allows Revenue Agents to take unreasonable initial positions in an examination with no adverse consequences for such unreasonable positions.
Protectable interests in restrictive covenants clarified by Supreme Court of Illinois By Michael P. Tomlinson Corporate Law Departments, January 2012 An update in the case of Reliable Fire Equip. Co. v. Arredondo.
Protecting your identity By Ella York Administrative Law, May 2012 Some suggestions on how to protect yourself from identity theft.
Protecting your identity By Ella York Women and the Law, March 2012 Some suggestions on how to protect yourself from identity theft.
Protecting your office from theft By John W. Olmstead Law Office Management and Economics, Standing Committee on, December 2012 Only through effective internal accounting and financial controls can law firms protect their offices from theft. The goal is not to catch offenders, but to have a system in place that discourages and prevents the theft from occurring in the first place.
Psychological counseling may be a medical examination under the ADA By Michael R. Lied Labor and Employment Law, October 2012 In Emily Kroll v White Lake Ambulance Authority, the court of appeals vacated the judgment of the district court granting summary judgment in favor of the defendant and remanded for further proceedings.
PTO notes By Daniel Kegan Intellectual Property, March 2012 News updates regarding the U.S. Patent & Trademark Office.
Public employees and free speech By Matthew Feda Government Lawyers, January 2012 An overview of the history and current trends in the law regarding public employee free speech, as well as practical advice for bringing a claim.
Public service and repaying your loans: Once impractical, now a reality By Matthew S. Dionne Government Lawyers, June 2012 This article seeks to call attention to and explain the recent federal and Illinois legislation designed to encourage attorneys to stay or enter the public interest field.
Public service and repaying your loans: Once impractical, now a reality By Matthew S. Dionne Young Lawyers Division, April 2012 This article seeks to call attention to and explain the recent federal and Illinois legislation designed to encourage attorneys to stay or enter the public interest field.
Putting the short into short sales By Philip J. Vacco Real Estate Law, October 2012 Effective November 1, 2012, Fannie Mae’s and Freddie Mac’s new and improved preforeclosure sales program will officially be known as “Standard Short Sale/HAFA II.
A quick guide to the DNA database law in Illinois and the 2012 updates By Paul R. Vella Government Lawyers, June 2012 Pursuant to 730 ILCS 5/5-4-3, a person convicted of, found guilty of, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense shall be required to submit a specimen of blood, saliva, or tissue to the Illinois Department of State Police. 
Radon as an issue for real estate closings By Myles Jacobs Real Estate Law, March 2012 While there presently is no law which requires a purchaser of a home to do a radon test, many purchasers have now become concerned and will conduct a radon test at the same time they do their home inspection.
Radon as an issue for real estate closings: New home construction requirements By Myles Jacobs Environmental and Natural Resources Law, October 2012 Thanks to the author's efforts, a new law has been passed in Illinois requiring that as of June 2013 new residential construction will have to include passive radon measures.
Railroad owed no duty to child trespasser By Hon. Russell W. Hartigan & Christina Faklis Civil Practice and Procedure, October 2012 Along with playing with fire, drowning in water, and falling from heights, Illinois has now added moving trains to the list of obvious dangers that children should realize.
Real estate ethics corner By Michael J. Rooney Real Estate Law, December 2012 In re David Andre Bertha involves a complaint filed against an attorney for holding an earnest money escrow in connection with a real estate transaction.
Real estate ethics corner By Michael J. Rooney Real Estate Law, October 2012 In re: Marc Robert Engelmann resulted in disbarment by consent of a lawyer convicted by the federal court in the Southern District of Iowa of conspiracy, bank fraud and wire fraud. 
Real estate ethics corner By Michael J. Rooney Real Estate Law, September 2012 Two recent disciplinary cases are instructive beyond the general admonition not to “do bad things” because violations of provisions of the Rules of Professional Conduct other than those prohibiting dishonesty and conduct prejudicial to the administration of justice were cited. 
Real estate ethics corner By Michael J. Rooney Real Estate Law, August 2012 An examination of In re: John Walsh, in which a Complaint was filed against Mr. Walsh by the ARDC because he improperly paid two obligations of a title insurance agent LLC with funds from an escrow account of the title insurance agent.
1 comment (Most recent September 21, 2012)
Real estate ethics corner By Michael J. Rooney Real Estate Law, June 2012 In the current real estate market, foreclosure rescue schemes and scams and short-sales abound. Real estate lawyers do well to recognize when they are involved in a transaction that may take one or more “funny” turns that end up not being very humorous for the lawyer.
Real estate ethics corner By Michael J. Rooney Real Estate Law, May 2012 A simple residential leasehold transaction proved troublesome for one Illinois attorney and the Illinois Supreme Court suspended the attorney from the practice of law for 90 days.
Real estate ethics corner By Michael J. Rooney Real Estate Law, April 2012 Do the Rules of Professional Conduct still govern the conduct of the attorney when he or she owns the owns the entity registered as a title insurance agent?
Real estate ethics corner By Michael J. Rooney Real Estate Law, March 2012 A discussion of the recent disciplinary matter of In re: David Milton Svec.
Real estate ethics corner By Michael J. Rooney Real Estate Law, February 2012 Two recent disciplinary cases share a number of interesting features, though one arose in the Chicago area and one downstate in Lincoln.
Real estate ethics corner By Michael J. Rooney Real Estate Law, January 2012 In both disciplinary matters discussed here, the attorney sent postcards to prospective clients indicating he would handle real estate transactions for a set fee without disclosing that he would also receive title insurance premiums and, in the earlier case, fees for surveys, both from companies in which he had an ownership interest. Moreover, his ownership interest in those entities was not disclosed. 
Recap of the Fourth Trademark Scholars Roundtable at DePaul University By Eric Goldman Intellectual Property, September 2012 The fourth Trademark scholars Roundtable discussed trademark boundaries at its DePaul University meeting: how trademark law abuts other legal doctrines such as copyright, patent, publicity, and legally unregulated areas. Summary of discussion and Eric Goldman's neo-classical economical perspective.
Recent appointments and retirements Bench and Bar, December 2012 Recent changes to Illinois' Judiciary.