Articles From 2012

Supply, demand and the future of your law firm By Andrew G. Vaughn Law Office Management and Economics, Standing Committee on, December 2012 Each year between 2010 and 2020, using the most generous projections, there will be an average of 23,530 legal jobs created. Each year between 2010 and 2020, there will be an average of 33,827 graduates of law schools who pass the bar exam. That is a surplus of 10,297 lawyers who have passed the bar exam each year or a total surplus of 102,970 by the year 2020.  
Supreme Court addresses access to courts for administrative compliance challenges By William A. Price Administrative Law, June 2012 An update on Sackett v. USEPA.
Supreme Court allows juror questioning of witnesses: New Supreme Court Rule 243 By Mark Rouleau Civil Practice and Procedure, April 2012 The Illinois Supreme Court has adopted a new rule, S.C.R. 243, which takes effect July 1, 2012.
Supreme court clarifies fraudulent misrepresentation pleading requirements By Sara Siegall Civil Practice and Procedure, August 2012 Bonhomme v. St. James serves as an important reminder that practitioners should take care to preserve adverse rulings for appeal, and that the failure to take small, simple steps may lead to big and unfortunate consequences. 
Supreme Court expands juror rights in environmental penalty cases By Raymond T. Reott Environmental and Natural Resources Law, October 2012 Frequently, environmental statutes calculate penalties based upon the number of days the company violated the statute. After Southern Union Company v. United States, the government must prove that the defendant committed all of the acts constituting the offense for each given day.
Supreme Court in review: The Affordable Care Act cases By Derrick Thompson, Jr. Human and Civil Rights, October 2012 In June, 2012, the Affordable Care Act was upheld in a 5-4 decision. The following is a brief synopsis of the issues before the Supreme Court and the Supreme Court’s answers to those issues.
Supreme Court issues ruling potentially restricting use of student admissions to police liaison officers By Matthew Cohen & Naoshi Cummings Child Law, February 2012 A recent Supreme Court decision, J.D.B. v. North Carolina, raises new questions about the ability of police officers, including school police liaisons/school resource officers, to use in-school interrogations as evidence in court unless they have given the student Miranda warnings.
The Supreme Court weighs in on a question of income By Marilyn Longwell & Aurelija Juska Family Law, June 2012 While the Supreme Court in In re Marriage of McGrath has eliminated one means of establishing a child support order in the case of unemployed obligors with one hand, it has given its imprimatur to alternative methods of obtaining relief for custodial parents. 
T-T-A-B By John L. Welch Intellectual Property, December 2012 TTAB writes VILLAGE PEOPLE (singers of famed Y-M-C-A aerobic song) not generic; John Welch sings T-T-A-B.
Taking charge By Anna Fridman Women and the Law, March 2012 It frequently appears that the male spouses tend to be more heavily involved in the estate planning process; women sometimes take the supporting role and defer to their significant others to make the “right choices.” But it is important to have the conversation about your ultimate vision and make sure that your voice is heard and captured in the estate plan. 
Taking the “headache” out of the settlement process By Michelle L. LaFayette Workers’ Compensation Law, September 2012 As part of the Commission’s judicial training program this past April, the author was invited to speak before the arbitrators and commissioners about settlements from the attorney’s perspective.
Taking the War Out of Our Words: The Art of Powerful Non-Defensive Communication by Sharon Ellison By Angela Evans Administrative Law, May 2012 This book transforms the valuable lesson that you catch more bees with honey than with vinegar into a powerful, practical, and useful tool.
Taking the War Out of Our Words: The Art of Powerful Non-Defensive Communication by Sharon Ellison By Angela Evans Women and the Law, March 2012 This book transforms the valuable lesson that you catch more bees with honey than with vinegar into a powerful, practical, and useful tool.
The targeted tender doctrine: Where does it stand today? By Steven J. Ciszewski Insurance Law, June 2012 Practitioners should be aware that Illinois appellate courts have generally been reluctant to extend the targeted tender doctrine beyond the construction context where a subcontractor has a contractual obligation to add the general contractor as an additional insured on the subcontractor’s policy.
Tax & estate planning issues for non-citizens By Michael R. Pieczonka & David A. Berek International and Immigration Law, August 2012 The first installment of material culled from the May 3, 2012 CLE presentation, "What if Your Client is Foreign-Born? Good Lawyering in the Global Legal Environment."
Tax and estate planning issues for non-citizens By Michael R. Pieczonka & David A. Berek International and Immigration Law, September 2012 The second installment of material culled from the May 3, 2012 CLE presentation, "What if Your Client is Foreign-Born? Good Lawyering in the Global Legal Environment."
Tax and legal issues associated with the 2012 drought By Roger A. McEowen Agricultural Law, September 2012 The drought in significant parts of the country during the summer of 2012 has raised a number of tax and law-related questions for farmers and ranchers.
Tax issues facing the individual Chapter 11 debtor By Nancy Franks-Straus Commercial Banking, Collections, and Bankruptcy, July 2012 A look at the income tax issues facing an individual filing Chapter 11.  
Tax issues facing the individual Chapter 11 debtor By Nancy Franks-Straus Federal Taxation, February 2012 A look at the income tax issues facing an individual filing Chapter 11.
Tax reform policy considerations By Leonard S. DeFranco Federal Taxation, September 2012 A list of principles that the Federal Taxation Section Council believes should be adhered to as Congress tackles simplification of the tax code.
Taxation of software licenses in Illinois: Is the “click” as mighty as the pen? By Paul G. Bogdanski & David P. Dorner State and Local Taxation, January 2012 In Illinois, the imposition of sales and use tax is statutorily limited to transfers of “ownership of” or “title to” tangible personal property in a retail transaction. Accordingly, unlike most other states, Illinois does not impose sales or use tax on the rental, lease or license of tangible personal property, since these type of transactions do not convey ownership or title to the property being rented, leased or licensed.
Taxation without borders: Allowing states to collect tax from out-of-state sellers By Gregory A. Zbylut Federal Taxation, September 2012 The proposals in this article offer a workable and sustainable solution to provide brick-and-mortar retailers some modicum of protection, without unduly burdening Internet retailers and discouraging further growth. 
Tea Partiers wage war against each other over a Google Groups account—Kremer v. Tea Party Patriots By Eric Goldman Intellectual Property, June 2012 It's crucial for newly formed organizations to definitively address the ownership of trademarks and other virtual assets from day one, when everyone still loves each other. When the ownership issue comes up later, it's usually because the principals are locked in a death-match and are beyond the point of reaching sensible compromises.
Technology for seniors By Hon. Edward J. Schoenbaum & Frank V. Ariano Senior Lawyers, October 2012 This is the second of what we hope will become a regular column in the ISBA Senior Lawyer Section Council newsletter.
2 comments (Most recent October 26, 2012)
Technology for seniors By Frank V. Ariano & Hon. Edward J. Schoenbaum Senior Lawyers, June 2012 The first in what may be a regular column in this newsletter.
2 comments (Most recent June 14, 2012)
Technology in practice. What works? Who gets it? By Nerino J. Petro, Jr. Legal Technology, Standing Committee on, January 2012 With the holidays recently behind us, we take a look at some new and updated products that you can wish Santa had brought you.
Ten things to know before handling a juvenile delinquency case By Hon. Robert J. Anderson Child Law, June 2012 Lawyers who are unfamiliar with juvenile law are often surprised by things that happen in Juvenile Court. You should not be one of those lawyers.
A thank you to our Holiday Party sponsors Young Lawyers Division, February 2012 A special thank you to all those who helped make the 14th Annual Holiday Party a success.
Thin ice: Avoiding missteps with the Foreign Corrupt Practices Act By Marlene Fuentes & Gregory G. Thiess Corporate Law Departments, June 2012 A brief overview of the pertinent provisions of the FCPA used as part of FCPA enforcement efforts, a summary of some of the most recent enforcement cases and results, and some tips for companies and their counsel to assure that their day-to-day business activities will not become the subject of a future investigation or prosecution.
Third party immune from liability pursuant to Section 5(a) of the Act By Richard D. Hannigan Workers’ Compensation Law, July 2012 IMockdee et. al. v. Humphrey Manlift Company et.al. an injured employee filed a civil complaint against three entities for the injuries she sustained, arguing that either one or a combination of those three entities breached a duty of care by failing to note the need for a guardrail and or facilitating a guardrail.