Articles From 2017

Upcoming amendments to the Federal Rules of Evidence By Patricia Smart Federal Civil Practice, June 2017 Changes to Rule 803(16) and Rule 902 of the Federal Rules of Evidence are scheduled to go into effect December 1, 2017. The amendments grow out of the increased reliance on electronically stored information.
Update on THC nanogram testing in cannabis DUI cases By Jeremy J. Richey Traffic Laws and Courts, October 2017 One problem with Public Act 99-0697, which became effective July 29, 2016, is the law has changed faster than ISP’s ability to enforce it.
Update: DOL Proposes Delay to Disability Claims Procedure Rule By Steve Flores Employee Benefits, December 2017 In January 29, 2017 the DOL published a final rule that delays for ninety days—through April 1, 2018—the applicability of the final rule amending the claims procedure requirements for disability-related claims.
Updates in Swiss business law By Florian S. Jörg International and Immigration Law, November 2017 Significant changes in Swiss business law during the period between January 1st and July 1st, 2017.
Updates in Swiss business law By Florian S. JÖrg International and Immigration Law, May 2017 A look at the recent changes to Swiss business law.
Updating commuter benefits under 132(f) By James Creech Federal Taxation, July 2017 The shift from transportation to “mobility” has left the transportation fringe benefits of Internal Revenue Code Section 132(f) out of touch and in need of an update to better reflect current and future transportation options.
Upholding the ban on common law marriage in Illinois By Ashley DiFilippo Davis Civil Practice and Procedure, March 2017 Even when there is an interesting issue before the court--as in the recent case of Blumenthal v. Brewer--without jurisdiction, no case can survive.
US Congressional demand to preserve state & local tax deductions and municipal bond tax exemption By Evan W. Schanerberger State and Local Taxation, May 2017 A coalition known as the Big 7 sent a letter to Congress on April 4, 2017 requesting Congress keep the tax exemption for municipal bond interest and the ability to deduct state and local taxes.
US Department of Labor issues final disability claim procedure rules By Steve Flores & Marissa Sims Employee Benefits, September 2017 Employers who sponsor employee benefit plans that provide disability benefits will need to revisit policies and procedures, plan documents, summary plan descriptions and claim-related notices in light of final regulations that apply to claims for disability benefits made on or after January 1, 2018.
US Department of Labor issues final disability claim procedure rules By Steve Flores & Marissa Sims Insurance Law, September 2017 Employers who sponsor employee benefit plans that provide disability benefits will need to revisit policies and procedures, plan documents, summary plan descriptions and claim-related notices in light of final regulations that apply to claims for disability benefits made on or after January 1, 2018.
U.S. Ninth Circuit rules on deceitful conduct by an arbitrator By Ann Nenoff Alternative Dispute Resolution, June 2017 In the case Move Inc., v. Citigroup Global Markets, Inc., the Ninth Circuit Court of Appeals reversed a district court’s refusal to vacate an arbitration award for improper conduct by the arbitrator.
U.S. Supreme Court cases on administrative law, 2016-17 By William A. Price Administrative Law, June 2017 Administrative law cases decided recently by the U.S. Supreme Court.
U.S. v. Balice: IRS successfully pierced trust By Martin M. Shenkman Trusts and Estates, November 2017 The lessons of Balice, acknowledging that it’s yet another very bad fact case, might still provide some insight to practitioners and clients structuring trusts for asset-protection planning, divorce planning, as well as estate-tax planning.
USCIS to suspend premium processing service beginning April 3 By Rebecca Mancini & Jacob Hogg International and Immigration Law, May 2017 USCIS indicated that the temporary suspension will help them reduce overall H-1B processing times and to prioritize adjudication of pending petitions in a backlog. It is anticipated that the suspension will last for up to six months.
USCIS to suspend premium processing service beginning April 3 By Rebecca Mancini & Jacob Hogg Corporate Law Departments, March 2017 USCIS indicated that the temporary suspension will help them reduce overall H-1B processing times and to prioritize adjudication of pending petitions in a backlog. It is anticipated that the suspension will last for up to six months.
Use of an estate planning questionnaire as part of a coordinated process in your practice By Dennis J. Jacknewitz & Brian T. McCarthy Business Advice and Financial Planning, February 2017 A comprehensive form can ensure a thorough disclosure and complete analysis of the client’s potential estate. A sample form used by the authors is included here.
Using alternative dispute resolution processes and techniques to resolve issues in administrative law hearings By Hon. Ann Breen-Greco Alternative Dispute Resolution, November 2017 If parties who appear before administrative law judges are treated with respect and listened to, the ALJ is better able to discern facts that will enable the ALJ to conduct a fair and impartial hearing, make findings of fact objectively, and render a well-reasoned opinion.
Using your voice By Erin Wilson Young Lawyers Division, April 2017 As lawyers, we have a unique ability to use our education, voice, and reputation for the better.
Using your voice By Erin Wilson Women and the Law, February 2017 As lawyers, we have a unique ability to use our education, voice, and reputation for the better.
Utilizing the Attorney General’s office to educate about local scams targeting the elderly By J. Amber Drew Elder Law, May 2017 Educating our clients is the best defense against any scams. And educating ourselves helps us to be better advocates for our clients.
The value of mentoring By Kerry M. Lavelle Law Office Management and Economics, Standing Committee on, December 2017 Mentoring a new attorney has multiple benefits for the young protégé, but also provides benefits for the senior attorney in his or her mentoring role.
Veterans Day is fast approaching: What will you be doing and why? By Sharon L. Eiseman Law Related Education for the Public, October 2017 For a large part of our population, the history of the establishment of Veterans Day is unknown.
View your mail before it is delivered By Don Mateer Senior Lawyers, October 2017 The U.S. Post Office offers an app called 'Informed Mail' that allows you to see what will be delivered each day.
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Virtual reality devices & the legal profession By John Zimmerman Legal Technology, Standing Committee on, November 2017 Although not currently widely utilized in the legal profession, VR devices may soon have their day in court in the coming decades.
Void ab initio doctrine does not retroactively invalidate probable cause based on a statute later held unconstitutional on federal constitutional grounds or on state constitutional grounds subject to the limited lockstep doctrine By James A. Shapiro Criminal Justice, December 2017 In People v. Holmes, the Illinois Supreme Court held that even though the aggravated unlawful use of a weapon statute was declared unconstitutional and therefore void ab initio, it was not so initio as to vitiate probable cause to arrest a defendant, even though the statute was declared unconstitutional after the arrest.
Websites to use for Law Related Education By Hon. Edward J. Schoenbaum, (Ret.) Law Related Education for the Public, February 2017 A resource for educators and others looking to educate the public on law-related issues.
A welcome from the incoming Chair By John R. Schleppenbach Alternative Dispute Resolution, June 2017 Learn more about incoming ADR Section Chair John Schleppenbach.
What can Illinois courts learn from PACER? By Mark C. Palmer Legal Technology, Standing Committee on, February 2017 As we quickly approach the 2018 deadline for required electronic filing of documents in all civil cases by Order of the Illinois Supreme Court, we are faced with an enormous task of going paperless by embracing digital storage and access to information.
What constitutes a gift of farm land? By Jeffrey A. Mollet Trusts and Estates, June 2017 The recent opinion of Jackson v. DBR Jackson partnership, et al., presented an unusual question: is a parent’s adding a party to a contract for deed as a purchaser sufficient to vest that party with an interest in or title to that property?
What constitutes a gift of farm land? By Jeffrey A. Mollet Agricultural Law, May 2017 The recent opinion of Jackson v. DBR Jackson partnership, et al., presented an unusual question: is a parent’s adding a party to a contract for deed as a purchaser sufficient to vest that party with an interest in or title to that property?