Supply, demand and the future of your law firmBy Andrew G. VaughnLaw Office Management and Economics, Standing Committee on, December 2012Each 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 clarifies fraudulent misrepresentation pleading requirementsBy Sara SiegallCivil Practice and Procedure, August 2012Bonhomme 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 casesBy Raymond T. ReottEnvironmental and Natural Resources Law, October 2012Frequently, 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 casesBy Derrick Thompson, Jr.Human and Civil Rights, October 2012In 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 officersBy Matthew Cohen & Naoshi CummingsChild Law, February 2012A 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 incomeBy Marilyn Longwell & Aurelija JuskaFamily Law, June 2012While 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-BBy John L. WelchIntellectual Property, December 2012TTAB writes VILLAGE PEOPLE (singers of famed Y-M-C-A aerobic song) not generic; John Welch sings T-T-A-B.
Taking chargeBy Anna FridmanWomen and the Law, March 2012It 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 processBy Michelle L. LaFayetteWorkers’ Compensation Law, September 2012As 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.
The targeted tender doctrine: Where does it stand today?By Steven J. CiszewskiInsurance Law, June 2012Practitioners 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-citizensBy Michael R. Pieczonka & David A. BerekInternational and Immigration Law, August 2012The 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-citizensBy Michael R. Pieczonka & David A. BerekInternational and Immigration Law, September 2012The 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 droughtBy Roger A. McEowenAgricultural Law, September 2012The 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 debtorBy Nancy Franks-StrausCommercial Banking, Collections, and Bankruptcy, July 2012A look at the income tax issues facing an individual filing Chapter 11.
Tax reform policy considerationsBy Leonard S. DeFrancoFederal Taxation, September 2012A 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. DornerState and Local Taxation, January 2012In 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 tothe property being rented, leased or licensed.
Taxation without borders: Allowing states to collect tax from out-of-state sellersBy Gregory A. ZbylutFederal Taxation, September 2012The 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 PatriotsBy Eric GoldmanIntellectual Property, June 2012It'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 seniorsBy Hon. Edward J. Schoenbaum & Frank V. ArianoSenior Lawyers, October 2012This is the second of what we hope will become a regular column in the ISBA Senior Lawyer Section Council newsletter.
Technology for seniorsBy Frank V. Ariano & Hon. Edward J. SchoenbaumSenior Lawyers, June 2012The first in what may be a regular column in this newsletter.
Technology in practice. What works? Who gets it?By Nerino J. Petro, Jr.Legal Technology, Standing Committee on, January 2012With 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 caseBy Hon. Robert J. AndersonChild Law, June 2012Lawyers 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 sponsorsYoung Lawyers Division, February 2012A 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 ActBy Marlene Fuentes & Gregory G. ThiessCorporate Law Departments, June 2012A 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 ActBy Richard D. HanniganWorkers’ Compensation Law, July 2012In Mockdee 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.