Articles From 2014

Court refuses to enforce liquidated damages clause By Joshua T. Barney Construction Law, June 2014 Recently, in GK Development v. Iowa Malls Financing Corp., the Illinois appellate court struck down a liquidated damages clause as a penalty.
Court stretches to find fabricator owed coverage as an additional insured By Bruce H. Schoumacher Construction Law, September 2014 A summary of Illinois Emcasco Insurance Co. v. Waukegan Steel Sales, Inc.
Court upholds ICC common equity reduction By Eric Bramlet Energy, Utilities, Telecommunications, and Transportation, February 2014 A summary of the very recent case of Ameren v. Illinois Commerce Commission.
Courts Commission removes Cook County Judge By Hon. Alfred M. Swanson, Jr. Bench and Bar, June 2014 On May 9, 2014, the Courts Commission issued a unanimous opinion that removed Judge Cynthia Brim from office.
Crafting helpful amicus filings in the Supreme Court of Illinois pursuant to Illinois Supreme Court Rule 345 By Matthew R. Carter Civil Practice and Procedure, January 2014 This article discusses the role of amicus curiae briefs in light of the Illinois Supreme Court’s function in the development of Illinois’ jurisprudence.
Creatives, entrepreneurs, and startups By Daniel Kegan Intellectual Property, May 2014 While Creatives, Entrepreneurs, and Startups follow unique paths, there typically are a few major pitfalls to minimize. Here are 19 brief guidelines; some are helpful reminders for established endeavors.
The CTM: then and now, and why national trade mark registrations are still important By Rachel Havard International and Immigration Law, December 2014 The European Community Trademark system still provides excellent value for the money. To seek EU wide registration is relatively inexpensive compared with the cost of filing individual national trade mark applications in 28 countries.
The CTM: then and now, and why national trade mark registrations are still important By Rachel Havard Intellectual Property, September 2014 The European Community Trademark system still provides excellent value for the money. To seek EU wide registration is relatively inexpensive compared with the cost of filing individual national trade mark applications in 28 countries.
The current state of the farmland market: Observations, opinions, and outlook By John D. Moss Agricultural Law, April 2014 The author provides an update on the farmland prices and trends.
Da Bears “Shufflin’ Crew” sues over alleged unauthorized use of the Super Bowl Shuffle By Denny Esford Intellectual Property, May 2014 In 1985 two dozen Chicago Bears football players made a music video hit, the "Super Bowl Shuffle.” In January 2014 many of the “Shufflin’ Crew” sued the record producer’s widow for breaching the recording contract by selling licenses to third-parties.
The dangers corporations face with assignments of intent-to-use trademark applications By Robert A. Cohen Intellectual Property, February 2014 The Lanham Act has strict rules for assigning 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.
Darwinism for your legal business By Steven Fretzin Law Office Management and Economics, Standing Committee on, April 2014 In light of our current economic and business conditions, what would Darwin say about an attorney’s ability to survive in business today? Which species of lawyer will evolve and which will become extinct?
Data security: No longer someone else’s problem By Troy E. Haggestad & Daniel A. Huntley Corporate Law Departments, February 2014 As hackers become more sophisticated at unlawfully accessing credit card data stored on your client’s computer systems, the number of lawsuits filed against businesses related to data security breaches has mushroomed.
Deadman’s Act objection raises several issues By Jewel N. Klein Administrative Law, July 2014 A look at the Deadman's Act and its erroneous application in a recent run-of-the-mill zoning violation case.
Deadman’s Act objection raises several issues By Jewel N. Klein Bench and Bar, July 2014 A look at the Deadman's Act and its erroneous application in a recent run-of-the-mill zoning violation case.
Deadman’s Act objection raises several issues By Jewel N. Klein General Practice, Solo, and Small Firm, May 2014 A look at the Deadman's Act and its erroneous application in a recent run-of-the-mill zoning violation case.
“Defamation”: A synopsis of the Kane County Bar Association’s Diversity Committee CLE Seminar By Divya K. Sarang & Priti Nemani Diversity Leadership Council, June 2014 An overview of the Kane County Bar Association's October 2013 Ethics CLE Seminar.
Defending against SBP in divorce By Mark E. Sullivan Family Law, November 2014 Strategies to prevent a soon-to-be-former spouse from getting coverage under a servicemember's Survivor Benefit Plan.
Delaware’s struggle over confidential arbitration By Brandon Sarkauskas Alternative Dispute Resolution, January 2014 The recent case of Delaware Coalition for Open Government v. Hon. Leo E. Strine, Jr, et. al poses a number of issues for state-sponsored arbitration programs.
The demons of consent foreclosures: What every bank should know By Amber L. Michlig Commercial Banking, Collections, and Bankruptcy, April 2014 An examination of the process of consent foreclosures and the roadblocks and warnings that an Illinois bank client should be familiar with when considering a consent foreclosure in order to fully protect their interests.
Developing a game plan for residential foreclosures By Ebony R. Huddleston General Practice, Solo, and Small Firm, March 2014 Illinois has one of the longest residential foreclosures processes in the country. Residential foreclosures can be a complex maze for practitioners and homeowners to navigate. For that reason, it is important to develop a game plan before proceeding to file a foreclosure complaint so practitioners can anticipate potential pitfalls the lender may encounter by pursuing the foreclosure action.
Developing a shoe-string marketing plan By Charles G. Wentworth Law Office Management and Economics, Standing Committee on, June 2014 The author offers suggestions for marketing yourself and your practice for little or no money.
Developments in piercing the corporate veil By George S. Bellas & Misty J. Cygan Civil Practice and Procedure, June 2014 In Buckley v. Abuzir, 2014 IL App (1st) 130469, the appellate court clarified a somewhat confusing area of law—veil-piercing—in its reversal of the trial court’s dismissal of plaintiff’s amended complaint.
Did the Illinois concealed carry law really change anything for employers? By Mark S. Wilkinson Labor and Employment Law, March 2014 Ultimately, the courts may need to add another chapter to the concealed carry litigation saga and provide guidance about what the Firearm Concealed Carry Act did (if anything) to an employer’s ability to prohibit guns at work.
Differentiating yourself in the legal marketplace: An alternative to “traditional” law school courses By Stephanie Tang Young Lawyers Division, June 2014 The University of Illinois College of Law introduced its “Fundamentals of Legal Practice” Program earlier this year to supplement the traditional legal courses students took in an effort to help them understand the issues important to hiring attorneys.
Disaster preparation in Illinois By David H. Hopkins Animal Law, November 2014 Disaster preparedness should include advance plans for evacuation or rescue of pets. In 2010, the American Bar Association approved a Model Act Governing Standards for the Care and Disposition of Disaster Animals. But there are significant issues to be addressed before the Model Act is adopted in Illinois.
Discovery depositions: A crash course By Angelica W. Wawrzynek Young Lawyers Division, December 2014 Inevitably someone higher in the food chain will ask you, the junior associate, to cover a deposition for them. If (when) this happens, do not panic. Here’s an overview that will keep you on track.
Discovery rule saves plaintiffs’ fraud claims against investment firm (IL – 2d Dist) By Paul B. Porvaznik Commercial Banking, Collections, and Bankruptcy, January 2014 Rasgaitis v. Waterstone Financial Group, Inc. has real value because of its thorough discussion of agency law.
Disney World or financial assistance? Leveling the financial playing field in the best interests of children By Michael Strauss Child Law, October 2014 A reading of 750 ILCS 5/505 appears to show that both parents can be ordered to financially support the child, but does that include actual child support from the custodial parent to the noncustodial parent?
Disposal wells: Who should be required to consent—surface or mineral owners? By Matthew L. McArthy Mineral Law, May 2014 The author provides clarification for attorneys dealing with this issue.
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