Articles From 2013

Employer responsibilities under the Patient Protection and Affordable Care Act By Bernard G. Peter Corporate Law Departments, December 2013 Compliance with the Act, or at least making a good-faith effort to comply with the Act, could save employers time and expense should the employer or the employee benefit plans of the employer be audited.
Employers sanctioned for failure to correctly complete I-9 forms By Michael R. Lied Labor and Employment Law, December 2013 Two recent cases teach that the seemingly mundane task of verifying identity and work authorization on Form I-9 is serious business.
The erroneous homestead exemption amnesty period ends December 31, 2013. A new law (Public Act 98-93 allows the Cook County Assessor to record a tax lien against property that was granted one or more erroneous homestead exemptions. The new law only applie By Mary Ann Connelly State and Local Taxation, November 2013 To be eligible for the exemptions, the homeowner must qualify for the exemption according to the provisions established in the statute.
Essential estate planning for business owners By Michael C. Foltz Business Advice and Financial Planning, September 2013 The conventional estate plan addresses the disposition of assets and mitigation of taxes, while business owners require estate planning and business succession documents that compliment one another.
Estate planning update: The Illinois Transfer on Death Instrument By Katherine A. Chamberlain General Practice, Solo, and Small Firm, February 2013 A checklist for lawyers and clients, and applicable forms for attorneys.
2 comments (Most recent February 8, 2013)
Ethical considerations in Of Counsel relationships By David B. Sosin Senior Lawyers, February 2013 This article is intended to give the reader a basic understanding of the Of Counsel concept and how the ethical use of that term has evolved with respect to the formation and operations of law firms.
EU Center of Excellence at UI: A regional resource for EU information and research By Brent Rosenstein International and Immigration Law, June 2013 The goal of the European Union Center at the University of Illinois  is to bring together a diverse, interdisciplinary group of students and faculty to serve as a focal point for research, education, and outreach programs on the European Union.
EU Center of Excellence at UI: Outreach and research on EU governance By Michael Nelson International and Immigration Law, July 2013 The European Union Center of Excellence (EUCE) at the University of Illinois at Urbana-Champaign is a source of expertise on the transatlantic relationship and facilitates outreach, research, and teaching on the EU across the Midwest region.
Ever think about running for office? By Ella York Women and the Law, June 2013 The Illinois Women’s Institute for Leadership (IWIL) program trains women to run for office on the Democratic ticket while the Illinois Lincoln Excellence in Public Service Series trains women to run for public office on the Republican ticket. These two programs, while they reach out to opposite sides of the aisle, share the goal of increasing the number of women in public office.
Every will needs a paragraph allowing for a supplemental needs trust By Carl M. Webber & J. Amber Drew Elder Law, April 2013 A gift to a disabled person can result in automatic disqualification from a number of well-known government assistance programs.
1 comment (Most recent May 16, 2013)
Every will needs a paragraph allowing for a supplemental needs trust By Carl M. Webber & J. Amber Drew Young Lawyers Division, April 2013 A will should include a paragraph that allows the Executor to set up Supplemental Needs Trusts, if, at the time of the death of the testator, any beneficiaries qualify under the Social Security Administration’s definition of “disabled.”
Everyday pro bono By Timothy J. Storm Administrative Law, February 2013 So much of what a great many solo and small firm practitioners do every day may be rightly described as pro bono publico—for the public good—in the fullest and truest sense.
Everyday pro bono By Timothy J. Storm General Practice, Solo, and Small Firm, January 2013 So much of what a great many solo and small firm practitioners do every day may be rightly described as pro bono publico—for the public good—in the fullest and truest sense.
Everything you could ever want to know about “QR Codes”—whatever they are By Leonard F. Amari Senior Lawyers, February 2013 What a QR Code is, why you need one, and how you can even create your own.
The evolving and murky world of ERISA damages . . . . I mean equitable remedies By Glenn R. Gaffney Federal Civil Practice, March 2013 This article outlines the court’s evolving use of equitable terms and concepts so as to provide jilted plan beneficiaries with make-whole relief resulting in a monetary judgment under ERISA’s statutory provision of “other appropriate equitable relief.”
1 comment (Most recent March 13, 2013)
The evolving law surrounding quantum meruit claims against decedents’ estates By David M. Lutrey & Jeff O’Kelley Trusts and Estates, January 2013 It’s a common scenario. Someone dies leaving a substantial estate. A claimant surfaces alleging that he performed services for the decedent. How does the claimant prove his claim?
Evolving standards on standing in child care By Jeffrey A. Parness Human and Civil Rights, March 2013 This spring, the Illinois General Assembly may consider significant amendments to both the Illinois Marriage and Dissolution of Marriage Act  and the Illinois Parentage Act.
Evolving standards on standing to child care By Jeffrey A. Parness Family Law, March 2013 This spring, the Illinois General Assembly may consider significant amendments to both the Illinois Marriage and Dissolution of Marriage Act  and the Illinois Parentage Act.
1 comment (Most recent March 9, 2013)
The exit—Illinois Supreme Court Chief Justice moves on: An interview with Justice Thomas Kilbride By Hon. E. Kenneth Wright, Jr. Bench and Bar, November 2013 The former Chief Justice reflects on his term and discusses his future.
Exploring new marketing opportunities in Central Asia International and Immigration Law, September 2013 Register now for this timely seminar that will take place on October 7th in Chicago.
Extended juvenile jurisdiction: The carrot/stick option for redirecting a delinquent minor By Harry E. Clem Child Law, May 2013 In any case where a minor is at least age 13 and is charged with a felony, the State may ask the court to designate the case as an extended juvenile jurisdiction (EJJ) prosecution pursuant to 705 ILCS 405/5-810.
FAA’s “National Policy Favoring Arbitration” trumps state courts from courts ruling on validity of underlying contract where there is a valid arbitration clause By J. Timothy Eaton Alternative Dispute Resolution, February 2013 Where an attack is being made on the validity of the contract that contains an arbitration clause, and not on the arbitration clause itself, it should be resolved by the arbitrator and not be the subject of judicial determination. Conversely, if the attack is on the arbitration provision, that is a matter for initial court determination.
Failure to follow local e-filing rule not fatal to appeal By Timothy J. Chorvat Civil Practice and Procedure, November 2013 In VC&M, Ltd. v. Andrews, the Illinois Supreme Court held that a plaintiff’s motion to reconsider a judgment against it, as well as a subsequent notice of appeal from that judgment, were not nullities even though those documents were filed electronically in contravention of applicable local rules.
Family law professionals welcome new collegial forum By Linda Sheehan Family Law, December 2013 The Illinois chapter of the Association of Family and Conciliation Courts is an interdisciplinary, international association of professionals dedicated to improving the lives of children and families through the resolution of family conflict.
“Farm” bankruptcies and the ripple effects By Jeffrey A. Mollet Agricultural Law, May 2013 Perhaps in no area of the law are the problems any bigger than in the realm of bankruptcy, and these problems are magnified and made more difficult when the “farmer” is one of these large operators.
FastCase—Free legal research for ISBA members By Matthew A. Flamm State and Local Taxation, July 2013 Learn more about this legal research tool, available free to ISBA members.
Federal case update Employee Benefits, January 2013 Recent cases of interest to employee benefits practitioners.
Federal caselaw update Employee Benefits, September 2013 Recent federal cases of interets to employee benefits practitioners.
Federal Regulatory Agenda, as of January 24, 2013 By William A. Price Administrative Law, February 2013 The Office of Information and Regulatory Review of the Office of Management and Budget maintains a “regulatory dashboard” that has the current status for all regulatory proposals that would impose more than $100 million in compliance costs.
Federal successor liability under ERISA and the MPPAA By Donald S. Rothschild & Brian M. Dougherty Labor and Employment Law, July 2013 This article will explore the history of ERISA and the MPPAA, how successor liability has evolved under federal law and what needs to be proven in order to hold a successor company liable for withdrawal liability.