Articles From 2016

Apps for lawyers Government Lawyers, January 2016 A look at some apps for your device that may help in your practice.
Arbitration clauses in the context of third-party beneficiary claims: An issue ripe for corporate consideration and Illinois Supreme Court review By Matthew R. Carter Civil Practice and Procedure, May 2016 A discussion of the current state of Illinois law considering arbitration clauses and third-party beneficiary claims.
Are flight attendants always traveling employees? By Richard D. Hannigan Workers' Compensation Law, April 2016 The appellate court answered this question earlier this year in United Airlines Inc. v. IWCC.
Are young lawyers less civilized? By Marie K. Sarantakis Young Lawyers Division, April 2016 Numerous jurisdictions are recognizing and lamenting the deterioration of civility in the legal profession. However, incivility is not a new problem nor is it unique to professionals under the age of 35. This article addresses some of the reasons a young lawyer might be perceived as being less than civil.
Assistance and service animals in the housing context By Margherita M. Albarello Animal Law, May 2016 When must a housing provider allow a tenant to have an animal?
Attorneys are subject to malpractice actions for mishandling shareholder derivative claims, but not by investors asserting claims in their individual capacities and not by former shareholders By Michael R. Karnuth Business and Securities Law, June 2016 In Stevens et al. v. McGuireWoods LLP, the Illinois Supreme Court held that shareholders cannot sue (in their individual capacities) a corporation’s attorneys because the attorneys’ duties runs to the corporation only, individual shareholder recoveries are not available under derivative claims, and shareholders cannot pursue derivative claims for the corporation if they have already divested themselves of the company’s shares.
Attorneys speak, documents do not: Pleading standards of Section 2-610 By Allison M. Huntley Civil Practice and Procedure, May 2016 At the pleading stage of litigation, use Section 2-610 as your guide. Avoid using “creative” responses that miss the mark. When your opponent uses phrases like “the document speaks for itself,” consider bringing this to the Court’s attention. It very well may help you win your case.
1 comment (Most recent May 14, 2016)
Avoiding legal malpractice claims By David Neiman Young Lawyers Division, February 2016 A look at the common (and easily correctable!) mistakes that young lawyers make that could result in a malpractice claim.
A baker’s dozen considerations before probating small or insolvent decedents’ estates By Colleen L. Sahlas Trusts and Estates, March 2016 This article addresses those cases where probate is optional, and offers a number of factors for you to consider as you and your client determine whether or not probate is the most prudent course of action for a certain insolvent or small estate.
Balancing the Scales By Erin Wilson Women and the Law, June 2016 The first installment of a regular new column addressing work-life balance.
Banker forges payoff letter to defraud bank and MERS no help By Erica Crohn Minchella Commercial Banking, Collections, and Bankruptcy, February 2016 In the case of M&T Bank v. Mallinckrodt, MERS provided a safe haven for fraudulent behavior.
Banker forges payoff letter to defraud bank and MERS no help By Erica Crohn Minchella Real Estate Law, January 2016 A look at M&T Bank v. Mallinckrodt.
Banks, bankruptcy and setoff: What can a bank do when an account holder files for bankruptcy? By Bradley W. Small & Amy Randazzo Commercial Banking, Collections, and Bankruptcy, May 2016 A bank has a common law right to setoff, and indeed usually includes setoff language in its various agreements with its account holders, but how effective are these when bankruptcy is involved?
Batson turns 30 but still has growing pains By Tom Schanzle-Haskins Diversity Leadership Council, June 2016 Though the Batson holding has been in effect for 30 years, the Courts and commentators still grapple with how to best implement it in the trial court.
Batson turns 30 but still has growing pains By Tom Schanzle-Haskins Racial and Ethnic Minorities and the Law, May 2016 Though the Batson holding has been in effect for 30 years, the Courts and commentators still grapple with how to best implement it in the trial court.
Batson turns 30 but still has growing pains By Tom Schanzle-Haskins Federal Civil Practice, April 2016 Though the Batson holding has been in effect for 30 years, the Courts and commentators still grapple with how to best implement it in the trial court.
A beginner’s guide to common elder law tax traps By Zach Hesselbaum Elder Law, June 2016 Being able to identify common tax traps, specifically the traps that accompany public benefits planning, is key to a successful elder law practice.
Being locked up does not mean being locked out from medical care for serious medical needs which ARE protected by the eighth amendment right to be free from cruel and unusual punishment By Glenn R. Gaffney & Jolianne S. Walters Human and Civil Rights, December 2016 While cruel and unusual punishment can take many forms, the deliberate indifference to an inmate’s serious medical condition presents one of the more egregious and often-encountered violations of an inmate’s Eighth Amendment rights.
Berke v. Manilow: a premises liability case with no eyewitnesses, expert affidavits, speculation, and summary judgment By Nigel S. Smith Civil Practice and Procedure, September 2016 The recent case of Raymond Berke and Carol Berke v. Lewis Manilow, et al serves as a refresher of the requirements for summary judgment in Illinois.
Best legal advice given—From a colleague, senior lawyer or layperson By Arlette Porter Family Law, April 2016 On February 23 and 24, 2016, another set of hopefuls” will sit for the Illinois Bar Exam. If all goes well, their registration number will be listed on April 1, 2016. I recall having checked the website and seeing my number appear. My next thought was—NOW WHAT? As a newbie, I needed sound, legal advice on how to get this thing started. I sought out ISBA members in the area that I intended to practice. The advice given to me was priceless—and I still remember (and practice) most of it a decade later.
1 comment (Most recent April 14, 2016)
Best practices for private attorneys defending juveniles, or, the top 10 tips for juvenile representation By Mary F. Petruchius General Practice, Solo, and Small Firm, May 2016 Some ideas for truly succeeding in representing the juvenile client, and not just the case.
Beware of expired contracts By Stephen D. Sayre & Darnell Clayborn Business and Securities Law, December 2016 Companies need to have reliable systems in place for monitoring their outstanding contracts to ensure they are not performing under expired contracts. This is especially important for companies that include significant risk-mitigation terms in their contract templates, such as damage caps and exclusions on certain remedies and damages. Failing to do so exposes these companies to significant risk if a contract expires.
Beware the pitfall: Avoiding ethical lapses in client intake By Kyle Stevens Young Lawyers Division, June 2016 A discussion of some of the ethical issues regarding client retention and non-engagement letters.
Big changes to driving eligibility effective January 1, 2016 By Tom Speedie Traffic Laws and Courts, May 2016 A discussion of the legislation that took effect in January of this year.
1 comment (Most recent April 26, 2016)
Big trouble for big boxes? A pending challenge to promotional packaging based on size By James F. Herbison & Kevin Wolff April 2016 The first of two articles in this issue that discuss a case, Woodman’s Food Mkt., Inc. v. The Clorox Company, Case No. 14-CV-734-slc, 2015 WL 420296 (W.D. Wis. Feb. 2, 2015), that raised an issue of first impression in federal courts as to whether a product manufacturer’s offering of special (large pack) package sizes only to certain “club” retailers such as Costco and Sam’s Club but not to “general market” retailers constitutes a promotional service sufficient to maintain a claim for violation of the price discrimination provisions of the Robinson-Patman Act, 15 U.S.C. §§ 13(d) and 13(e). In Woodman’s, the district court held that Clorox’s offering of its large pack products only to certain retail customers was a promotional service sufficient to allow Woodman’s to state a claim under the Act. Clorox appealed and the case is awaiting decision by the Seventh Circuit Court of Appeals (Appeal No. 15-3001).
Bill to restrict guardians increases likelihood of ward abuse By Daniel G. Deneen Mental Health Law, May 2016 The author shares his thoughts on HB 4569, which was recently introduced in the Illinois General Assembly.
Billing—The health of your firm By Herschenia Aria Brown Young Lawyers Division, October 2016 Find Out More... The ISBA has published numerous articles on billing and other common concerns topics in our Practice Resource Center-- go to <https://www.isba.org/practiceresourcecenter> to read more on: • Job hunting • Mentoring • Hanging out a shingle • Marketing and attracting clients
Birthing the baby: Let’s get technical By Letisha Luecking Orlet Law Office Management and Economics, Standing Committee on, October 2016 A few items to consider before opening your own shop.
Book review of The Anxious Lawyer: An 8-Week Guide to a Joyful and Satisfying Law Practice Through Mindfulness and Meditation, by Jeena Cho and Karen Gifford By Hon. Edward J. Schoenbaum, Jr. (Ret). Employee Benefits, December 2016 Reviewer Ed Schoenbaum highly recommends this book, written by two attorneys who have first-hand knowledge of the problems facing us and the fantastic possible rewards of mindfulness practice.
Book review of The Anxious Lawyer: An 8-Week Guide to a Joyful and Satisfying Law Practice Through Mindfulness and Meditation, by Jeena Cho and Karen Gifford By Hon. Edward J. Schoenbaum, Jr. (Ret). Administrative Law, November 2016 Reviewer Ed Schoenbaum highly recommends this book, written by two attorneys who have first-hand knowledge of the problems facing us and the fantastic possible rewards of mindfulness practice.

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