Articles From 2017

Successful mediation in complex environmental cases By Suheily Ortiz Alternative Dispute Resolution, January 2017 Environmental disputes are the most difficult and complex to resolve through mediation. Here's what you need to know.
Successor bus company violated National Labor Relations Act By Michael R. Lied Labor and Employment Law, August 2017 The recent case of Allways East Transportation, Inc. provides a good discussion of labor law successorship issues.
Successor employer creates and then inherits predecessor’s pension withdrawal liability By Douglas A. Darch Employee Benefits, March 2017 Attorneys advising employers in the construction industry would be well served to review the decision in Resilient Floor Covering Pension Trust Fund v. Michael’s Floor Covering and its consequences.
Such a deal! What buyers of REO and foreclosure-auctioned properties and their attorneys must know before they buy By Erica Minchella Real Estate Law, October 2017 Investors and home buyers of bank-owned properties and bidders at foreclosure sales must be scrupulously cautious before making a purchase of such property because of the potential for final judgments being reversed.
Summary of appellate opinions By Andreas Liewald Mental Health Law, September 2017 Recent cases of interest.
Summary of “Innovations in Mental Health Law: Outpatient Treatment in Illinois” By Dara M. Bass Mental Health Law, September 2017 On May 17, 2017, the ISBA Mental Health Law Section Council hosted a CLE event focused on the innovations in mental health law surrounding outpatient treatment.
Summary of Public Acts from the 99th Illinois General Assembly By Kent E. Mohr, Jr. Environmental and Natural Resources Law, August 2017 This article provides a summary of select environmental-related public acts from the later portion of the 99th Illinois General Assembly. Lead and water were hot topics this session, as one might imagine.
Summary of ‘revolving door’ restrictions in the Arab middle east By Howard L. Stovall International and Immigration Law, December 2017 Although many Arab countries have enacted civil service regulations that place restrictions on the outside commercial activities of current government employees, these restrictions do not extend beyond the employee’s term in government service.
Summary of Senate Bill 69— The technical corrections to the income share child support legislation By Margaret A. Bennett Family Law, March 2017 An overview of the changes outlined in this legislation, which is currently making its way through the Illinois General Assembly.
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Summary of the Clean Water Rule (CWR): Definition of “Waters of the United States” By Bertram C. Frey Environmental and Natural Resources Law, March 2017 The United States Supreme Court has issued three decisions that provide guidance in determining the appropriate scope of “waters of the United States” covered by the CWA.
Summary of the recent tax reform proposals from the Trump administration By Kristen Henry Federal Taxation, May 2017 On April 26, 2017, the Trump Administration set forth updated tax reform proposals. This reform would modify both individual and business tax returns while also potentially having state tax implications as well.
Summary of the Trusts & Estates Section’s April 2017 business meeting Trusts and Estates, August 2017 Find out what your Section Council has been working on.
A summary of the Trusts & Estates Section’s December, 2016 business meeting Trusts and Estates, March 2017 See what this Section has been up to recently.
A summary of the Trusts & Estates Section’s February 2017 business meeting By Colleen L. Sahlas Trusts and Estates, June 2017 Check out what the section has been up to recently.
A summary of the Trusts & Estates Section’s June, 2017 business meeting By Colleen L. Sahlas Trusts and Estates, October 2017 Find out what this section has been up to lately.
A summary of the Trusts & Estates Section’s October, 2016 business meeting Trusts and Estates, January 2017 See what your section has been working on recently.
Summer externs = HUGE Help By Hon. Debra B. Walker Bench and Bar, August 2017 Hon. Debra Walker urges all of her judicial colleagues to host summer externs.
Super Lawyers Women and the Law, February 2017 Members of the Standing Committee on Women and the Law rocked the Super Lawyer and Rising Stars awards this year!
The Supreme Court moves proactively on attorney malpractice insurance and liability issues By Hon. Alfred M. Swanson, Jr. (Ret.) Bench and Bar, February 2017 In an amendment to Rule 756 that took effect January 25, 2017, the Supreme Court will, starting in 2018, require lawyers to answer questions about their professional liability insurance every other year at the time they renew their authorization to practice law.
Supreme Court potentially slashes design patent value: damages could be limited to individual components By Kenneth Matuszewski & Isaac Rabicoff Intellectual Property, January 2017 The Supreme Court expanded the definition of 'article of manufacture,' as used in the design patent damages test. In doing so, it opined that damages could be awarded for profits associated with components of an infringing product.
Supreme Court to consider legality of arbitration agreements containing class action waivers under NLRA By John R. Schleppenbach Alternative Dispute Resolution, April 2017 The United States Supreme Court appears poised to resolve a circuit split over whether workplace arbitration agreements containing class and collective action waivers are enforceable under the Federal Arbitration Act and the National Labor Relations Act, having granted certiorari in three consolidated cases in January 2017.
Survival of claims—Renunciation of wills By Patrick M. Kinnally Civil Practice and Procedure, September 2017 What happens if the surviving spouse dies before a renunciation is filed? Can the executor of the surviving spouse file a renunciation of the will during the seven-month period? The answer appears to be “no."
The sworn contractor’s and subcontractor’s statements By Paul Peterson Construction Law, March 2017 Balancing the desire to obtain good statutory documentation and the need to get the parties paid so the job gets done is not well understood and is not an easy job.
Systems, processes, and checklists all critically important to a successful law office By Kerry M. Lavelle Law Office Management and Economics, Standing Committee on, June 2017 Imagine having a compelling and detailed checklist, or litigation handbook, specific to your firm’s “process” encompassing the local rules where every new attorney and attorney thereafter would need to understand in the process for litigation.
Taking back (the Eastern District of) Texas: Judge Gilstrap broadens the definition of venue in patent cases in Raytheon Co. v. Cray Inc. By Kenneth Matuszewski & Isaac Rabicoff Intellectual Property, September 2017 The Supreme Court limited venue in patent cases to where the defendant is incorporated or commits acts of infringement and has a regular and established place of business in TC Heartland. However, Judge Gilstrap, in the Eastern District of Texas, established a 4-part test to determine patent venue after TC Heartland in Raytheon Co. v. Cray Inc.
Taking care of your mental health By Nicole Sartori Law Office Management and Economics, Standing Committee on, September 2017 Managing your law practice can leave you with little time and even more stress. That stress can be paralyzing, and can lead to anxiety, depression or a host of other mental health issues.
Taking FMLA leave does not guarantee reinstatement By Michael R. Lied Employee Benefits, December 2017 Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
Taking FMLA leave does not guarantee reinstatement By Michael R. Lied Local Government Law, November 2017 Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
Taking FMLA leave does not guarantee reinstatement By Michael R. Lied Labor and Employment Law, October 2017 Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
Tax basics for the new managing partner of the small firm By Amy Rupiper Law Office Management and Economics, Standing Committee on, September 2017 A look at the various taxes a new managing partner will encounter and a proposal on how to best deal with theses taxes and their various reporting and payment obligations.