Prescription opioids—Medicare needs to expand oversight efforts to reduce the risk of harmHealth Care Law, December 2017The over-prescription and misuse of highly addictive opioid pain medications has become a matter of intense national concern. In 2016, Medicare spending for opioids was almost $4.1 billion. In November, the Government Accountability Office (GAO) released a report examining Medicare’s oversight with respect to opioid use and prescription. A summary of this report is presented in this issue.
President Trump issues updated immigration orderBy Jacob Hogg & Rebecca ManciniCorporate Law Departments, March 2017Foreign national employees who are from one of the listed countries should refrain from international travel for the duration of the ban – until June 14, 2017, or until further notice.
President Trump officially kills arbitration ruleBy Jacob WallsAlternative Dispute Resolution, December 2017On November 1, 2017, President Trump signed a resolution that was passed through Congress to kill the Consumer Financial Protection Bureau’s Arbitration Rule.
A presumption of taxability cannot save an extraterritorial taxBy Evan W. Schanerberger & Stanley R. KaminskiState and Local Taxation, October 2017In the recent case of The Hertz Corporation v. City of Chicago, the Illinois Supreme Court has once again declared that only by state legislation can a home rule municipality in Illinois apply its taxing powers beyond such municipality’s borders.
A primer on trial preparationBy Jennifer Friedland & Lauryn E. ParksGeneral Practice, Solo, and Small Firm, March 2017The following timeline and tips are designed to help you organize your time and streamline your efforts so that you are prepared on the day of trial.
Pro bono opportunities: Plan on serving in 2017By Damian OrtizRacial and Ethnic Minorities and the Law, June 2017Pro Bono Month in Illinois is in October, but there's no need to wait if you're interested in providing services to our communities. Here's what you need to know.
Probate citation proceedingsBy Cary A. LindTrusts and Estates, December 2017There are two kinds of Citations: Discovery and Recovery. The usual procedure is to do the Discovery Citation first with the Recovery Citation afterwards if further proceedings are warranted.
Profit motive or hobby?By Patrick D. OwensFederal Taxation, February 2017In Roberts v. Commissioner, the United States Court of Appeals for the Seventh Circuit reversed the Tax Court’s opinion and voided the taxpayer’s tax deficiencies in 2005 and 2006 in finding that the taxpayer’s horse racing activities amounted to a business rather than merely a hobby.
“Property plus” – A new well-being standard for the family pet in marriage dissolution proceedingsBy Alicia Hill RuizAnimal Law, November 2017On January 1, 2018, Illinois begins its work as the first state to mandate that in any allocation of a marital asset companion animal under the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), the court “...shall take into consideration the well-being of the companion animal.”
Property powers of attorney are needlessly dangerousBy Graham B. SchmidtTrusts and Estates, April 2017Illinois jurisprudence automatically attaches a fiduciary relationship between principal and nominated agent at the execution of the Property Power of Attorney instrument, regardless of whether the agent has accepted the appointment.
Proportionality in e-discovery: The Illinois appellate court seeks to find the right fitBy Eli Litoff, Kelly Warner, & Edward CasmereBench and Bar, April 2017In the years since Supreme Court Rule 201 was amended in 2014, Illinois appellate courts have not had occasion to apply the proportionality test, leaving litigants to resort to federal precedent to define their proportionality arguments.
Proposed 2704 changes meet stiff resistance at IRS hearingBy Bruce A. JohnsonTrusts and Estates, January 2017Since 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 amendment to the Illinois Hydraulic Fracturing Tax ActBy David M. ForemanMineral Law, December 2017This article addresses the Illinois Hydraulic Fracturing Tax Act, 35 ILCS 450/2-1 et seq. (Tax Act) and the Illinois Department of Revenue’s proposed regulations implementing it.
Protective plan provisionsBy Kathryn J. KennedyEmployee Benefits, June 2017The federal courts have expanded what can be included in the terms of certain plan provisions, with a result that is more favorable, and thus more protective, to plan sponsors in ERISA litigation. This article examines these protective plan provisions.
Punishing Poverty: Part IBy Michelle A. JenkinsHuman and Civil Rights, March 2017In the first of this two-part look at Illinois' bail bond system, author Michelle Jenkins argues that the current system ultimately burdens those it intends to protect.
Punishing poverty: Part IIBy Michelle A. JenkinsHuman and Civil Rights, April 2017The second of this two-part look at Illinois' bail bond system, in which author Michelle Jenkins argues that the current system ultimately burdens those it intends to protect.
The question of possession, custody, or control in productionBy George S. Bellas & Michael RizoFederal Civil Practice, April 2017Unfortunately, the F.R.Civ.P. do little to define the meaning of “possession, custody or control,” leaving parties to determine the definition from case law.
The question of possession, custody, or control in productionBy George S. Bellas & Michael RizoCivil Practice and Procedure, January 2017Unfortunately, the F.R.Civ.P. do little to define the meaning of “possession, custody or control,” leaving parties to determine the definition from case law.
Raising capital for business: Recent changes expand your optionsBy Elizabeth A. BleakleyBusiness Advice and Financial Planning, June 2017A summary of the significant new acts and regulations related to raising capital for small and emerging growth companies since 2012.
Raising capital for business: Recent changes expand your optionsBy Elizabeth A. BleakleyBusiness and Securities Law, May 2017A summary of the significant new acts and regulations related to raising capital for small and emerging growth companies since 2012.
