Articles From 2014

Spendthrift Trust beneficiary checkmated by Bankruptcy Code 548(e) in Castellano By Jay Adkisson Trusts and Estates, September 2014 If the Court’s rationale is followed in future cases, millions of existing trusts may be defective as to the operation of their Spendthrift Clause, if the Trust may be deemed to terminate immediately upon the death of the Settlor.
Split over meaning of service of process in Election Code needs to be resolved By Tracy Douglas Administrative Law, July 2014 The author calls on the Illinois General Assembly to amend the Election Code to define what is meant by "other parties" that must be served in addition to the electoral board as a legal entity.
Spot the error Intellectual Property, June 2014 People make mistakes, even judges. Not differences of opinion or judgments, but simple facts. Two recent federal cases offer, to IP professionals, the opportunity to spot a glaring error in each.
Spotlight on Chief Judge Judith K. Brawka, Kane County’s first female Chief Judge By Alice Sackett Henrikson Women and the Law, April 2014 Learn more about this fascinating, dynamic woman. 
Spotlight on Jessica Natkin By Jessica C. Marshall Women and the Law, August 2014 Learn more about this fascinating Committee member.
Spotlight on Kristen Prinz By Erin Wilson Women and the Law, July 2014 An interview with Committee member Kristen Prinz, an employment lawyer and owner of Prinz Law Firm.
Spotlight on Sandy Blake Women and the Law, July 2014 Learn more about Sandy Blake, a late-comer to the legal field who has dedicated herself to making up for lost time.
Spotlight on Women and the Law Committee members By Alice Sackett Henrikson & Sherry A. Mundorff Women and the Law, February 2014 Learn more about members Patrice Ball-Reed, Sherry Mundorff and Letitia Spunar Sheats.
The Standing Committee on Racial and Ethnic Minorities and the Law By Jameika Mangum Diversity Leadership Council, June 2014 An update from from the Standing Committee on Racial and Ethnic Minorities and the Law. 
Start-up tech for any budget By Bryan M. Sims & Nerino J. Petro, Jr. Legal Technology, Standing Committee on, July 2014 Some thoughts on how to equip a law office for $1,000, $2,500 and $5,000.
State Journal-Register v. University of Illinois Springfield: Journalism or sensationalism – The Appellate Court weighs in By Yolaine Dauphin Racial and Ethnic Minorities and the Law, January 2014 In this case, the Journal had published articles on a sex scandal involving coaches at UIS, and sought additional information to continue its coverage of the story.
States take the lead on legal education reform By Daniel Thies Young Lawyers Division, December 2014 A look at the steps states have taken to address the problem of law school debt and the need to prepare lawyers to provide services to the public. 
A stay of proceedings in the trial court: Why delay disserves those we represent By Patrick M. Kinnally Bench and Bar, October 2014 Two recent decisions, Cholipski v. Bovis and Davies v. Pasamba, make plain why any judge’s decision to stay a proceeding should be undertaken cautiously.
A stay of proceedings in the trial court: Why delay disserves those we represent By Patrick M. Kinnally Civil Practice and Procedure, September 2014 Two recent decisions, Cholipski v. Bovis and Davies v. Pasamba, make plain why any judge’s decision to stay a proceeding should be undertaken cautiously.
Streamlined dismissals for tenured teachers: The OAED process By Eric Grodsky Education Law, June 2014 With most Illinois districts’ PERA implementation dates quickly approaching, it is imperative that all stakeholders understand this process in order to proceed consistently with the School Code.
Streamlined Offshore Disclosure for U.S. residents By James Creech International and Immigration Law, August 2014 The IRS has made some signification changes to offshore disclosure as part of the Foreign Account Compliance Tax Act reporting that went into effect July 1, 2014. 
Streamlined Offshore Disclosure for U.S. residents By James Creech Federal Taxation, July 2014 The IRS has made some signification changes to offshore disclosure as part of the Foreign Account Compliance Tax Act reporting that went into effect July 1, 2014. 
Student disciplinary hearing By Lori G. Levin Women and the Law, October 2014 The disciplinary process is far different from being in a court of law, but a student facing such a hearing may be subject to long-term ramifications that may influence not only his schooling but the rest of his adult life. A student facing such a situation should definitely consult with and retain an attorney to help navigate the process.
Substantial performance doctrine: Contractor defeats finicky homeowners in construction case By Paul B. Porvaznik Construction Law, September 2014 The case of Wolfe Construction should and will likely give property owners pause before they declare a default and fail to pay a contractor.
A summary of the anti-cutback rule By Patrick M. Colgan Employee Benefits, February 2014 A brief overview of some of the components that have been included in a court’s analysis of the anti-cutback rule including examples of that analysis.
Supreme Court broadly interprets EMS Act and limits liability of ambulance drivers for injuries to third parties By Amelia S. Buragas Tort Law, March 2014 In a case of first impression, the Illinois Supreme Court recently examined the bounds of the immunity provision of the Emergency Medical Services Systems Act in Wilkins v. Williams.
The Supreme Court provides an opportunity for a cautionary reminder By Patricia A. Zimmer Tort Law, April 2014 In Country Preferred Insurance Company v. Whitehead, the Illinois Supreme Court held that a contractual time limitation for bringing an uninsured benefits demand for arbitration was not contrary to public policy.
Supreme Court Rule changes: 2014 mid-year report By Hon. Lloyd A. Karmeier Bench and Bar, July 2014 An overview of the changes made to the Supreme Court Rules so far in 2014.
The Supreme Court’s impending decision in the contraceptive mandate cases: Will it go the way of the Seventh Circuit? By Valerie J. Munson Health Care Law, June 2014 The Affordable Care Act’s contraceptive mandate, and its application to secular corporations with strong religious orientations, has been the subject of multiple and conflicting decisions from the lower federal courts. On March 24, 2014, the U.S. Supreme Court heard oral argument in two cases in which secular corporations have sought exemption from the contraceptive mandate on free exercise grounds. This article examines the arguments advanced before the Court and suggests how the cases may be resolved.
Survey of recent jurisdictional caselaw By Ambrose V. McCall Federal Civil Practice, September 2014 Keep current on the issues with this useful guide to recent decisions.
Surveys, science & skepticism By Daniel Kegan Intellectual Property, February 2014 Expert witnesses are used in diverse areas of the law, including intellectual property, and are typically paid for their work, as attorneys commonly are. A skilled expert may find consistent employment helping fact finders understand the evidence and implied facts.
Take charge of your own economy By Cynthia Sharp Law Office Management and Economics, Standing Committee on, December 2014 The principles outlined in this article are geared toward those who do not have a sizable inheritance on the horizon or who are not yet financially independent. Although many will find the following six suggestions to be familiar, most have not applied them with persistence and consistency to their own lives.
Tax and statutory construction considerations By Jewel N. Klein Administrative Law, May 2014 A look at the surprising results of Hartney Fuel Oil v. Hamer.
The tax enforcement program that could put you out of business, a.k.a, to revoke or not to revoke? By Hon. Julie-April Montgomery State and Local Taxation, November 2014 What happens when your client does not protest the notice they received from the Department of Revenue pertaining to sales taxes owed and does not respond to demands for payment?
Technology for seniors By Hon. Edward J. Schoenbaum, Jr., Loren S. Golden, Gary T. Rafool, Don Mateer, & Frank V. Ariano Senior Lawyers, June 2014 This is the latest of what has become a regular column in the ISBA Senior Lawyer Section Council newsletter. Hopefully you will take a turn in contributing a section on your own “Best Practices” or problems you have in using technology. Please let us know what you need. Applications (“Apps”)