Section Newsletters

Articles From 2016

People v. Jones: Prejudicial remarks in a criminal trial By Edward Casmere & Eliberty Lopez Bench and Bar, December 2016 In People v. Jones, the First District reversed the convictions and ordered a new trial in front of a new judge based on prejudicial comments made by the State and the trial court.
The perils of joint custody revisited under a new Act: Is it something or nothing? By Arnold F. Blockman Family Law, August 2016 A new Act went into effect January 1, 2017 abolishing joint custody (750 ILCS 5/600-5/611). This article will focus on the consequences of that Act as it pertains to what is now similar provisions to the old joint custody language.
1 comment (Most recent August 9, 2016)
The perils of representing Illinois residents involved in an out-of-state accident By James H. Koning Tort Law, April 2016 In the case of a Michigan collision, Illinois residents are often entitled to benefits unheard of in Illinois.
A perspective on guardianships and visitation of wards By Daniel G. Deneen Trusts and Estates, May 2016 The author shares his thoughts on HB 4569, which was recently introduced in the Illinois General Assembly.
The Petrillo doctrine examined By Brad L. Badgley Bench and Bar, December 2016 In McChristian v. Brink, the Appellate Court for the First District, in a case of first impression, applied the Petrillo doctrine to a unique set of facts: where the defendant medical corporation designated a member of the corporation who was also one of plaintiff’s treating doctors as an expert witness on liability, damages and causation.
Photos from the Symposium on College Sexual Assaults Racial and Ethnic Minorities and the Law, June 2016 See photos of the speakers and attendees of this important event.
Photos from the Symposium on College Sexual Assaults Diversity Leadership Council, June 2016 See photos of the speakers and attendees of this important event.
Plan administrators are obligated to inform claimants of plan-imposed limits for judicial review in denial of claim notices By Patrick Colgan Employee Benefits, October 2016 In Mirza v. Ins. of Am., Inc., The Third Circuit Court of Appeals overturned a district court ruling and held that a plan administrator must include information regarding the plan’s statute of limitations in its claim denial letter.
Polishing the new IMDMA By Zachary W. Williams Family Law, July 2016 A summary of some of the more important changes House Bill 3898 contains as of the filing date of May 4, 2016.
The possible impact of the new and proposed amendments to the Federal Rules of Civil Procedure on Illinois civil practice By Jeffrey A. Parness Civil Practice and Procedure, January 2016 At the close of 2015 there were several major federal civil procedure rulemaking initiatives involving the Federal Rules of Civil Procedures. What were included in these initiatives and what do they suggest about possible new Illinois civil practice reforms?
Pouring over water certs and utility prorations By Adam B. Whiteman Real Estate Law, September 2016 Many municipalities require a water meter reading to be scheduled shortly before a closing as a pre-requisite to obtaining transfer stamps. However, City of Chicago water certifications are valid for up to 60 days. This creates a possibility that the water cert might not accurately reflect how much water is actually used prior to the closing.
1 comment (Most recent September 6, 2016)
Premiere mental health treatment for emerging adults By Susan D. O’Neal Mental Health Law, December 2016 Yellowbrick uses cutting-edge science, such as brain imaging, EEGs, and pharmaco-genomic testing to find the best medicine to treat the condition and to measure progress.
Preserving substitute service with the testimony of the process server By Ken Stalkfleet Civil Practice and Procedure, June 2016 The Appellate Court’s recent decision in Abbington Trace Condominium v. Christine McKellar serves as a reminder of how little needs to be done to preserve substitute service in some cases.
President Obama signs the Defend Trade Secrets Act of 2016: New Protections for Trade Secrets, and new protections for employees subject to non-compete agreements By Khara Coleman Intellectual Property, July 2016 With the signing of the Defend Trade Secrets Act, there is finally a federal private cause of action for misappropriation of trade secrets. But employers should note that this new tool for protecting proprietary information comes with an obligation to inform employees of new federal whistleblower protections under the Act, or risk being unable to make full use of the Act’s remedies.
President Trump and the existential crisis of 7443 By James Creech Federal Taxation, June 2016 What happens when the President has a stake in litigation where he holds the power to remove the judge?
Presidential Proclamation—Law Day, U.S.A., 2016, press release dated April 27, 2016 Administrative Law, May 2016 The language of President Obama's proclamation regarding Law Day 2016.
Prevailing Wage and the TIF Act By Nicolas P. Nelson & Herbert J. Klein Local Government Law, March 2016 This article examines the legislative history, case-law, and statutory support for the Illinois Department of Labor’s current position that the Prevailing Wage Act is not applicable to private projects receiving TIF benefits under a TIF District redevelopment agreement.
Previous waiver of the implied warranty of habitability bars claim by subsequent purchaser By Steven D. Mroczkowski Construction Law, September 2016 Fattah v. Bim is a well-reasoned, logical clarification of the body of law governing the implied warranty of habitability.
A primer on perfecting and enforcing attorneys’ liens By Jennifer Friedland General Practice, Solo, and Small Firm, March 2016 While accounts receivable is not the most sexy part of our job, it is necessary and urgent. An organized and systematic approach will lead you to collection results.
Privacy of mental health records in Illinois: The Mental Health & Developmental Disabilities Confidentiality Act By Sarah J. Taylor Mental Health Law, April 2016 An overview of the Act and some of the issues that can arise when practitioners seek access to mental health records in various situations.
Privacy of mental health records in Illinois: The Mental Health & Developmental Disabilities Confidentiality Act By Sarah J. Taylor Family Law, February 2016 An overview of the Act and some of the issues that can arise when practitioners seek access to mental health records in various situations.
Private communications and FOIA: Policy questions in search of answers By Ruth A. Schlossberg Government Lawyers, April 2016 Are all e-mails-- of anyone associated with a public body that relate in any way to public business-- subject to FOIA regardless of the device or e-mail address from which they were sent?
Professor David J. Gerber elected president of the American Society of Comparative Law International and Immigration Law, February 2016 Professor David J. Gerber, co-director of the Program in International and Comparative Law at Chicago-Kent College of Law at Illinois Institute of Technology, was elected president of the American Society of Comparative Law (ASCL) at the organization’s annual meeting in October in Dallas.
Proper use of preferred gender pronouns By Sarah D. Zigulich Women and the Law, December 2016 A breakdown of the preferred gender pronoun movement and its importance.
Property Tax Code Legislative Round-Up for the 2016 Regular Session By Whitney Carlisle State and Local Taxation, September 2016 Updates on legislation of interest to state & local tax practitioners.
Proposed 2704 changes meet stiff resistance at IRS hearing By Bruce A. Johnson Business Advice and Financial Planning, December 2016 Since the tax court decision of Kerr v. Commissioner, the IRS has been concerned that certain loopholes exist in IRC 2704 that allow taxpayers to gift interests to family members in entities that have no business purpose and allow the transfer of wealth without due consideration of the value to the transferor.
Proposed bill may provide future remedy in aftermath of embryo dispute By Bradford L. Bennett Child Law, March 2016 HB 6273 seeks to provide guidance with the legal complexities commonplace for those using assisted reproductive technology as exemplified in Szafranski v. Dunston.
Proposed Cook County Hail Vehicle and Ride Sharing Trip Tax  By Evan W. Schanerberger State and Local Taxation, October 2016 Learn more about this proposed new Cook County tax.
Proposed IRS regulations may eliminate long-standing discounts for family-owned businesses By Bruce A. Johnson Federal Taxation, November 2016 The Internal Revenue Service released proposed regulations on August 2, 2016 that would modify and expand Internal Revenue Code 2704 (IRC 2704) impacting the valuation of privately-held, minority interests that are controlled by the same family.
Proposed legislation: Illinois Trust Code By Susan T. Bart Trusts and Estates, January 2016 The ITC will provide practicing attorneys, trustees, trust beneficiaries and other parties dealing with trusts clear, expansive, and easily accessible guidance on trust law questions.