The Seventh Circuit rejects plaintiff’s cancer causation theoryBy Robert H. Riley & Brian O. WatsonBench and Bar, September 2017The Seventh Circuit recently rejected the plaintiff’s expert’s causation theory that “each and every exposure” or the “cumulative exposure” may satisfy the plaintiff’s causation burden.
Shakespeare’s cold wisdom—Too early seen unknown, and known too late?By Edward CasmereBench and Bar, September 2017The point of this article is not to advocate for a campaign of carpet-bombing legal briefs and arguments with quotes from Shakespeare, but rather to suggest that this giant of the literary world has gifted lawyers with timeless insights that may help us better “suit the action to the word, the word to the action” as we practice our craft.
Should Illinois estate tax always be paid under protest?By John R. SimpsonTrusts and Estates, May 2017In two recent circuit court cases, the Attorney General's office has argued that “Illinois law does not recognize a suit to determine Illinois estate tax as an independent cause of action.” Such an assertion goes against a century of practice and precedent.
Should you seek admission to practice before the Supreme Court of the United States of America?By Khara ColemanRacial and Ethnic Minorities and the Law, June 2017There is no age requirement—admission is available to any lawyer admitted to practice in one of the United States, young or old. Each applicant must identify two sponsors who have already been admitted to the SCOTUS bar.
Sidebar on CLE at the mid-year meetingBench and Bar, November 2017Register now for the Joint/Midyear Meeting and participate in these complimentary CLE programs.
Simple IP evaluationsBy Daniel KeganIntellectual Property, September 2017Perspectives on evaluating intellectual property, prompted by Internet elist queries: Breach of non-compete damages, Internet domain and associated trademarks, and Seeking accountant with IP experience.
Social media and judicial ethicsBy Hon. Steve Pacey, (Ret).Bench and Bar, October 2017A presence on social media poses potential disciplinary hazards for attorneys and perhaps more so for attorneys who are judges.
Social media and the prospective client: Avoiding the pitfallsBy John BathkeYoung Lawyers Division, February 2017While having a presence on Facebook, Twitter and YouTube can help you attract new clients, remember the Rules of Professional Conduct and take the necessary precautions.
Social media as evidence?By George S. Bellas & Michael RizoCivil Practice and Procedure, February 2017Although the information on individual posts on social media may be used as evidence, applying evidentiary rules to social media information can be daunting. The social media information – now known as electronically stored information (ESI) – must pass the same evidentiary hurdles as any tangible document, with some additional obstacles.
Solo practice tips to rememberBy Letisha Luecking OrletLaw Office Management and Economics, Standing Committee on, June 2017Eight common-sense tips to help you be a better and more successful lawyer.
Some industry help for no CGL coverage for defective construction claimsBy Geoff BryceConstruction Law, April 2017The standing rule in Illinois is that there is no comprehensive general liability insurance coverage for any construction defect claim where the claim is that only the building itself was damaged.
Some insurance industry help for defective construction claimsBy Geoff BryceInsurance Law, June 2017According to current case law, the standing rule in Illinois is that there is no comprehensive general liability insurance coverage for any construction defect claim where the claim is that only the building itself was damaged.
Some thoughts on embracing technology from a virtual practitionerBy Michael BrennanLegal Technology, Standing Committee on, May 2017Embracing technology means being proactive and continually striving to make the practice of law more manageable and more responsive to client desires.
Spotlight on ADR section member Judge Allan Goldberg (Ret.)By Sandra CrawfordAlternative Dispute Resolution, November 2017Author Sandra Crawford recently sat down with the former ISBA ADR Section Chair to learn his opinions on his career and the state of ADR today.
Spotlight on Emily MasalskiBy Kristen PrinzWomen and the Law, December 2017The Women and the Law Committee congratulates our past Chair, Emily Masalski for being named one of Chicago Law Bulletin’s 2017 40 Illinois Attorneys Under 40 to Watch.
Spotlight on Jewel KleinBy Tracy DouglasAdministrative Law, March 2017Learn more about Administrative Law Section member Jewel Klein.
Stanphill v. Ortberg: The need for clarity in the submission of a special interrogatory to the juryBy Richard L. Turner, Jr.Civil Practice and Procedure, December 2017Recently, in its decision in Stanphill v. Ortberg, the appellate court had an opportunity to reexamine the law in the circumstances where the general verdict appears to be in conflict with the answer to the special interrogatory submitted to the jury.
State and local tax updateBy David P. DornerState and Local Taxation, June 2017Recent tax-related updates of interest.
Stay or go? Ethical public service to elected leadershipBy Peter J. OrlowiczGovernment Lawyers, December 2017What happens when the way we are directed to carry out our duties seems inconsistent with the public trust and public interest we are charged with maintaining?
Stipulation versus guilty plea: Are both admissions?By Hon. Eugene G. DohertyCivil Practice and Procedure, August 2017It is likely that most defendants who stipulate to the underlying facts rather than pleading guilty do so on the advice of counsel, and specifically with the intention of avoiding an admission which might be used against them in a civil case. But really … can it be that easy?
Streamline your practice with e-signaturesBy Anthony KoltLegal Technology, Standing Committee on, February 2017As the use of e-signatures increases, so too does the need for every attorney to become acquainted with this technology.
Strict Compliance with Supreme Court Rule 191(a) is mandatoryBy Albert E. DurkinBench and Bar, September 2017On August 17, the Second District Appellate Court ruled that strict compliance with Supreme Court Rule 191(a) is mandatory and that failure to attach documents relied upon in support of a 191(a) affidavit is fatal.
Substance-over-form or just good tax planning?By Richard M. ColombikFederal Taxation, July 2017In Summa Holdings, Inc. v. Comm’r, the 6th Circuit Appellate Court has partially put a leash on the IRS Commissioner to argue that a transaction, if done solely for income tax purposes, may be set aside on substance-over-form arguments if the transaction clearly follows the Tax Code.
