Section Newsletters

Articles From 2012

Roth 401(k) plans By Leonard S. DeFranco Federal Taxation, April 2012 An overview of Roth accounts for retirement planning.
Rule 23 unpublished opinions: To cite, or not to cite By Stacey Lynch Insurance Law, January 2012 Despite the recent availability of Rule 23 orders in cyber space, the prohibition to citation of a Rule 23 order, with the exceptions being the limited circumstances enumerated in (e)(1) of the rule, remains intact.
Rules and Regulations for the City of Chicago Department of Administrative Hearings By Patti Gregory-Chang Administrative Law, January 2012 An overview of the Rules and Regulations for the City of Chicago Department of Administrative Hearings. 
Saint or sinner? The efficacy of the proposed “1,000 Shareholder” Amendment to Section 12(g) By Cory White Business and Securities Law, April 2012 The move to a 1,000 shareholder limit would not cause as serious a deficiency in reporting as it may initially seem, as the new law would move more in line with current market realities. 
Save the Date: YLD’s 5th Annual Soiree coming in April By Gina Rossi Young Lawyers Division, December 2012 Mark your calendar now so you don't miss out on this popular event!
Scales of Justice: Balancing court efficiency and in forma paupers applications By Jasmine V. Hernandez & Stephen A. Kobza Bench and Bar, December 2012 In scenarios where a litigant does not meet the statutory requirements to file as an indigent individual, this article suggests the incorporation of installment plans and extension of the seven-day extension period.
Scales v. Benne: Appellate Court addresses the use of photos produced at time of trial By Bridget A. Mitchell Civil Practice and Procedure, June 2012 Disclosure of photos is governed by SCR 214, not SCR 213, and parties will be barred from using photos not produced prior to trial that were the subject of a SCR 214 request.
1 comment (Most recent June 6, 2012)
The ScanSnap S1100 By Nerino J. Petro, Jr. Legal Technology, Standing Committee on, March 2012 A review of Fujitsu’s answer for a portable scanner that can be carried and used at any time.
The Second District gives lessons for the guardian ad litem By Lisa M. Nyuli Family Law, August 2012   The Second District Appellate Court recently issued its opinion in In re the Marriage of Petrik, and in so doing, provided several good rules and reminders for attorneys acting as Guardian ad Litem.  
Section Council drafts model form Oil and Gas Lease Mineral Law, April 2012 Over the past year, the members of the Mineral Law Section Council discussed and reviewed various forms of oil and gas leases utilized in the State of Illinois. The Section Council drafted a model form, which is set forth herein.
Section Council legislative update By James S. Peters Business Advice and Financial Planning, September 2012 This article reviews the positions the Council has taken on several recent pieces of legislation.
Seeking employment: A program designed to assist youthful offenders By Paul B. Novak Child Law, February 2012 The newly created “Youthful Offender Job Readiness Program” is designed to assist youthful offenders involved in the juvenile justice system to gain employment with the goal to keep them out of the criminal justice system.
Seiko’s Smart Label Printers bring your firm to the future! By Alan Pearlman Law Office Management and Economics, Standing Committee on, June 2012 A review of the Seiko Smart Label Printer 450.
Senior tax exemptions By Leonard F. Amari & Katherine O’Dell Senior Lawyers, October 2012 With just short of 300,000 seniors losing their Senior Citizen exemptions in Cook County, many of us can expect calls from our elderly clients asking the questions addressed in this article.
2 comments (Most recent November 19, 2012)
Servicing ISRA By Stephen F. Monroe Labor and Employment Law, February 2012 The Illinois Sales Representative Act is a robust piece of legislation that arms independent contractors paid commission by their principals with formidable ammunition in the event of a breach.
Setting up in Flanders—Part 3 By Ian Robberechts International and Immigration Law, March 2012 Some points for a foreign investor to consider when starting commercial operations in Belgium.
Settlement offer defeats class action lawsuit By Michael R. Lied Federal Civil Practice, September 2012 According to the appeals court in Damasco v. Clearwire Corporation, to allow a case to continue in federal court when the sole plaintiff no longer maintains a personal stake defies the limits on federal jurisdiction.
Seventh Circuit analyzes causation in a zoning case—is delay compensable? By Lisle A. Stalter Federal Civil Practice, December 2012 The recent case of Guth v. Tazewell County considered whether delay in granting rezoning relief created liability for a local government.
Seventh Circuit holds that women at risk of trafficking are not a “social group By Chris Cardona International and Immigration Law, April 2012 According to the recent decision in Cece v. Holder, young women at risk of being trafficked into sexual slavery are not members of a social group for purposes of seeking asylum under U.S. law.
Seventh Circuit reverses & remands a summary judgment which enforced a motor carrier’s cargo damage limitation in Carmack litigation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2012 In this the era of pervasive “third party” entity presence in the transportation marketplace, it is not surprising that courts sometimes have difficulty applying the otherwise clear two party (shipper/carrier) principles of transportation law to Carmack litigation involving third and fourth parties. 
Seventh Circuit speaks on time limits for filing motions to reopen in Sarmiento v. Holder By Shannon M. Shepherd International and Immigration Law, November 2012 In Sarmiento v. Holder, the Court analyzed the finality of immigration court and Board of Immigration Appeals (BIA) decisions in the context of subsequent motions to reopen and reconsider.
Seventh Circuit throws the baby out with the bathwater in class action certification—Class counsel’s misconduct as basis for decertifying class: Creative Montessori Learning Centers v. Ashford Gear LLC, No. 11-8020 November 22, 2011 By Mark Rouleau Civil Practice and Procedure, January 2012 It seems strange that any otherwise appropriate class actions should be entirely decertified simply due to the conduct of the putative class counsel, which took place prior to the instigation of the suit. It would seem far more equitable, and in keeping with the interests of protecting the class members, for the court to appoint new or interim counsel, if current counsel’s conduct indicates that he will not “fairly and adequately” represent the entire class, rather than to throw its entire case out of court.
Shift your perspective: The path to a better law practice business model By Peter Mierzwa Legal Technology, Standing Committee on, June 2012 Some questions and examples to help you think about your business models and dedication to your clients.
Should the Legislature consider further changes to the Act? By Richard D. Hannigan Workers’ Compensation Law, January 2012 The years 2012 and 2013 will determine what effects the changes in the Workers’ Compensation Act will have upon the injured worker, the employer, the insurance companies and the cost of doing business in the state of Illinois. The author argues that it's just too soon to implement any additional changes.
Should the Supreme Court be televised? By Meghan Steinbeiss Alternative Dispute Resolution, May 2012 It is not probable that we will ever see the full operations of the Supreme Court as the Justices hold the final vote in whether or not their activities will be televised.
Should you merge with another law firm? By John W. Olmstead Law Office Management and Economics, Standing Committee on, December 2012 Successful mergers are based upon a sound integrated business strategy that creates synergy and a combined firm that produces greater client value than either firm can produced alone.
Should your client consider a change of residency to avoid state estate taxes? By Margot Gordon Trusts and Estates, February 2012 To avoid state estate and income taxes, individuals who own homes in more than one state may be considering changing their residency to a state other than Illinois. Before one of your clients makes this decision, you will want to make sure that your client understands that changing his or her state residency can be fairly complicated.
Silence is the new Golden Rule By Michael D. Wong Young Lawyers Division, April 2012 Under the recent change to Rule 1.6 of the Illinois Rules of Professional Conduct, without informed consent an attorney may not disclose ANY information regarding a case or representation, even if that information is of public record. 
1 comment (Most recent April 20, 2012)
Sixty-two days means exactly that! By J. Brick Van Der Snick Traffic Laws and Courts, March 2012 A discussion of the ramifications of the People v. Clairmont & Fernandez decision.
Small and medium enterprises considering exporting to China should be mindful of protecting their intellectual property rights By John J. Tufano Business and Securities Law, April 2012 For small and medium enterprises considering exporting to China, understanding how to protect intellectual property rights abroad is a key component to due diligence.