Articles From 2013

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Contract litigation expense insurance By Kenneth T. Teglia Insurance Law, March 2013 When it comes to initiating litigation to settle written contract disputes, one major reason businesses and individuals have been reticent to do so is the specter of losing and being ordered by a court to pay the victorious attorney fees.
Conveying farmland subject to CRP contracts By Gary R. Gehlbach Trusts and Estates, September 2013 Farms that include land subject to one or more Conservation Reserve Program contracts are routinely bought and sold. Accompanying this article is a form that the author routinely uses, with appropriate modifications depending on the transaction, for the assignment of a CRP contract.
The cost of arbitration By Hon. Michael Jordan Alternative Dispute Resolution, October 2013 Any experienced advocate or arbitrator knows that increasing costs are difficult to sell to the parties and the public so a challenge exists to think out of the box to manage the costs.
Costs: an imbroglio for trial courts and practitioners By Patrick M. Kinnally Civil Practice and Procedure, May 2013 What constitutes an allowable "cost" is not subject to any bright line test. In large part, this uncertainty stems from Illinois cost statutes that do not say what "costs" are recoverable.
Court enjoins enforcement of the Cook County Non-Titled Personal Property Use Tax By Carolyn Sprinchorn State and Local Taxation, August 2013 Following a hearing on July 24, 2013, Judge Lopez Cepero issued a Preliminary Injunction Order on August 1, 2013, finding that the plaintiffs had demonstrated, to a legally sufficient degree for purposes of enjoining the tax, that the Non-Titled Personal Property Tax is unlawful.
Court tags asset purchaser with seller’s FLSA liability By Michael R. Lied Labor and Employment Law, June 2013 A summary of the recent case of Teed v. Thomas & Betts Power Solutions, L.L.C.
Court tags asset purchaser with seller’s FLSA liability By Michael R. Lied Business Advice and Financial Planning, May 2013 A summary of the recent case of Teed v. Thomas & Betts Power Solutions, L.L.C.
Court upholds use of absent witness’ discovery deposition By Robert T. Park Civil Practice and Procedure, November 2013 In the recent decision of Calloway v. Bovis, the appellate court upheld jury awards totaling nearly $10 million dollars against a construction manager in a case arising from a trench collapse that killed a father and seriously injured his son
Cross-collateralization clauses in real estate mortgages must comply with the Illinois Conveyances Act By Timothy J. Howard Construction Law, March 2013 In the case of Peoples National Bank, N.A. v. Jones, the district court held that a mortgage containing a general non-specific cross-collateralization clause did not secure any debt other than the balance due on the note specifically described in the mortgage.
Cross-collateralization clauses in real estate mortgages redux By Timothy J. Howard Construction Law, June 2013 The recent Seventh Circuit court decision of Peoples National Bank v. Banterra Bank will change the use of junior mortgages in commercial real estate lending.
Crowdfunding By Cory White Business and Securities Law, May 2013 The act of generating capital through very small contributions coming from the general public may implicate federal and state securities law concerns.
CRP payments subject to self-employment tax By Gary R. Gehlbach Agricultural Law, September 2013 On June 18, 2013, the United States Tax Court issued a decision finding that payments received under the U.S. Department of Agriculture Conservation Reserve Program (CRP) are includable in a taxpayer’s self-employment income, ruling that the taxpayer was engaged in a trade or business and that a nexus existed between his trade or business and the CRP payments he received.
CRP payments subject to self-employment tax By Gary R. Gehlbach Trusts and Estates, August 2013 On June 18, 2013, the United States Tax Court issued a decision finding that payments received under the U.S. Department of Agriculture Conservation Reserve Program (CRP) are includable in a taxpayer’s self-employment income, ruling that the taxpayer was engaged in a trade or business and that a nexus existed between his trade or business and the CRP payments he received.
Custodial parent entitled to percentage of lump-sum workers’ compensation settlement as child support Workers' Compensation Law, August 2013 The question on appeal to the Illinois Supreme Court was “whether the Trials Courts have discretion, in awarding child support, to apportion a [workers’] compensation settlement that is intended, by its terms, as a life-time disability award to equitably meet all parties’ needs.”
Cypress Creek decision legislatively reversed By Paul Peterson Commercial Banking, Collections, and Bankruptcy, July 2013 When all is said and done, it is likely that after PA 97-1165 (signed February 11th of this year), construction lenders will be more cautious in their construction lending and will charge an increased interest rate to cover the increased risk of additional mechanics lien losses in Illinois.
Cypress Creek decision legislatively reversed By Paul Peterson Construction Law, May 2013 The practical effect of PA 97-1165 is that lien claimants will be paid their contract amount on most completed jobs whether or not they have priority over the construction lender.
The dangers corporations face with assignments of intent-to-use trademark applications By Robert A. Cohen Corporate Law Departments, December 2013 The Lanham Act has very strict rules concerning the assignment of intent-to-use trademark applications. A recent precedential TTAB decision confirms that these rules apply to assignments between independent companies, as well as parent-subsidiary families.
Day at the Races—Consistently a great event By George L. Schoenbeck Young Lawyers Division, October 2013 A recap of this popular event, which took place on September 7th.
DC Circuit strikes down NLRB notice rule By Gerard A. McInnis Labor and Employment Law, May 2013 The United States Court of Appeals for the District of Columbia Circuit has struck down the NLRB’s rule requiring all employers covered by the National Labor Relations Act to post a notice informing employees of their rights under the Act.
Deciding to be dissident: Proxy contest basics for non-registrants By Cory White Business and Securities Law, January 2013 This article provides a very basic guide to non-registrants, i.e. dissident shareholders, who wish to proceed in a proxy contest.
Defendant bank not liable for permitting judgment debtor to transfer over $700,000 from accounts By Paul B. Porvaznik Commercial Banking, Collections, and Bankruptcy, December 2013 Mendez v. Republic Bank, a Seventh Circuit case, examines whether a bank that unfreezes the wrong bank accounts (and allows a judgment debtor to transfer hundreds of thousands of dollars) can be liable to the judgment creditor for violating a citation’s restraining provisions.
Defending a person charged with driving while revoked who has obtained a license issued in error or through fraud after revocation By Larry A. Davis Traffic Laws and Courts, June 2013 A summary of the recent case of People v. Jackson.
Delay in seeking treatment does not bar recovery for “mental-mental” injury By Mark P. Matranga Workers' Compensation Law, June 2013 A summary of Chicago Transit Authority v. The Illinois Workers’ Compensation Commission et al.
The demise of Drews: The right of a guardian to file for divorce on behalf of a ward By Margaret C. Benson Elder Law, February 2013 On October 4, 2012 the Illinois Supreme Court finally removed In re Marriage of Drews from life support by overturning the nearly 26-year-old opinion.
Designating an attorney as a FRCP 30(b)(6) or Ill.S.Ct. Rule 206(a)(1) deposition witness By R. Stephen Scott & Pamela E. Hart Federal Civil Practice, March 2013 There appears to not be a bright-line rule to designate an attorney to serve as the 30(b)(6) witness for a corporation. It is a case-by-case analysis, with preference given to knowledgeable corporate executives to protect the attorney-client privilege.
Designating an attorney as a FRCP 30(b)(6) or Ill.S.Ct. Rule 206(a)(1) deposition witness By R. Stephen Scott & Pamela E. Hart Corporate Law Departments, February 2013 There appears to not be a bright-line rule to designate an attorney to serve as the 30(b)(6) witness for a corporation. It is a case-by-case analysis, with preference given to knowledgeable corporate executives to protect the attorney-client privilege.
Determining whether “shall” means shall By John C. Robison, Jr. Bench and Bar, August 2013 In the recent case of People v. Ousley and in a prior case, People v. Robinson, the Illinois Supreme Court has repeatedly clarified the analytical framework within which to determine the meaning of “shall” in a particular statute and whether there is a consequence for a failure of a governmental official to fulfill an obligatory duty.
Determining whether “shall” means shall By John C. Robison, Jr. Mineral Law, May 2013 In the recent case of People v. Ousley and in a prior case, People v. Robinson, the Illinois Supreme Court has repeatedly clarified the analytical framework within which to determine the meaning of “shall” in a particular statute and whether there is a consequence for a failure of a governmental official to fulfill an obligatory duty.
Diaz: Something old, something new in mental-mental cases By Robert J. Finley Workers' Compensation Law, October 2013 Diaz v. Ill. Workers Compensation Comm’n gives practitioners a chance to revisit the necessary proofs in “mental-mental” injury cases, i.e., psychological disability without physical injury.
Did you get a new iPhone or iPad for Christmas? By Hon. Steven L. Nordquist Government Lawyers, March 2013 A look at some free apps that can simplify your legal—and non-legal—life.

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