Section Newsletters

Articles From 2018

Restriction of venue in ERISA plans By William H. Mayer Employee Benefits, June 2018 Although the law is unsettled, there are strong arguments in favor of permitting a reasonable restriction of venue clause despite the U.S. Department of Labor's continued opposition.
Retailors take note: Commission sales in Illinois By Douglas Darch Business Advice and Financial Planning, October 2018 A recent seventh circuit decision makes clear that in Illinois there is a distinction between "commissions" and "bonuses."
Retailors take note: Commission sales in Illinois By Douglas Darch Labor and Employment Law, September 2018 A recent seventh circuit decision makes clear that in Illinois there is a distinction between "commissions" and "bonuses."
Returning to the fray after discharge By Michael G. Cortina Bench and Bar, January 2018 The “return to the fray” doctrine is a little-known theory that could result in harsh consequences for debtors that receive a discharge in bankruptcy, but choose to continue litigating post-discharge against creditors or other entities.
A review of Parmar v. Madigan By Joan Smuda State and Local Taxation, June 2018 An overview of the Illinois Supreme Court case Parmar v. Madigan.
A review of the protections available to banks when dealing with attorneys-in-fact By Bradley W. Small & Amy C. Randazzo Commercial Banking, Collections, and Bankruptcy, March 2018 With changing technology allowing more people to easily create their own estate planning documents, authors Bradley Small and Amy Randazzo thought it might be time to review the protections banks have when working with a customer’s attorney-in-fact.
Revised IDNR regulations By Craig R. Hedin Mineral Law, June 2018 A summary of revisions to regulations that affect the oil and gas industry in Illinois.
Routine estate planning questions from married homeowners By Ian Holzhauer Trusts and Estates, June 2018 Routine estate planning questions from married homeowners regarding mortgage acceleration clauses and titling of property in trust in tenancy by the entirety.
1 comment (Most recent July 2, 2018)
Rule 23 Order reverses Commission, gives primer on neutral risk analysis By Gina Panepinto Workers’ Compensation Law, July 2018 The reversal of the Illinois Workers' Compensation Commission's decision in Nadine Rund v. Illinois Workers’ Compensation Commission shows that injuries arising out of neutral risks, if performed in the course of employment more frequently than the general public, do arise out of employment and are compensable.
Rule of capture litigation update By Craig R. Hedin Mineral Law, December 2018 An update on a recent Pennsylvania Superior Court ruling, which held that the rule of capture did not apply to shale gas extraction through hydraulic fracturing.
Save the date for JMLS’ Symposium—Designing a Wellness Program Employee Benefits, April 2018 The John Marshall Law School Center for Tax Law and Employee Benefits will hold its 15th Annual Employee Benefits Symposium on April 20.
SCOTUS overrules Abood in Janus v. AFSCME By Carlos S. Arévalo Local Government Law, September 2018 In June, the U.S. Supreme Court issued its decision in Janus v. AFSCME, which stemmed from an appeal over the dismissal of a complaint that sought to invalidate agency fees and to reverse the Supreme Court’s 1977 decision in Abood v. Detroit Board of Education.
SCOTUS overrules Abood in Janus v. AFSCME By Carlos S. Arévalo Labor and Employment Law, September 2018 In June, the U.S. Supreme Court issued its decision in Janus v. AFSCME, which stemmed from an appeal over the dismissal of a complaint that sought to invalidate agency fees and to reverse the Supreme Court’s 1977 decision in Abood v. Detroit Board of Education.
The Second Circuit provides a roadmap for employers defending claims under Illinois’ Biometric Information Privacy Act By Kwabena A. Appenteng & Philip L. Gordon Labor and Employment Law, February 2018 Employers that implemented biometric timeclocks without giving notice to, or obtaining consent from, employees as required by BIPA are not necessarily “dead in the water” when swept up in the current wave of class action filings.
Section 5(b) liens will not be deemed waived in third party actions absent very specific contractual language between the parties By Dennis S. O’Brien Workers’ Compensation Law, September 2018 In Timothy Cooley v. Power Construction Company, LLC, the court ruled that absent clear and specific language in an agreement involving defense and indemnification of general contractors by sub-contractors stating that an employer’s Section 5(b) workers’ compensation lien is waived, the lien will not be deemed waived.
Security checkup By Don Mateer Senior Lawyers, June 2018 Suggestions for safeguarding your online accounts, browsing more securely, and securing your internet connection.
2 comments (Most recent June 25, 2018)
Self-authentication of digital records: New Illinois Rule of Evidence 902(13) By George Bellas Civil Practice and Procedure, December 2018 Effective December 1, 2017, Rule 902 of the Federal Rules of Evidence was amended to add two provisions that authorize self-authentication of electronic evidence by certification.
Self-authentication of electronic evidence By George Bellas Civil Practice and Procedure, September 2018 As technology advances, practitioners must keep up with changes to the Federal Rules of Evidence.
Services at ISBA Mutual’s new Loop office By Bob Downs Senior Lawyers, February 2018 If you’re downtown looking for a place to relax, have a cup of coffee and kill some time, consider stopping by ISBA Mutual’s office on the eighth floor at 20 S. Clark St. in downtown Chicago.
Setting boundaries when you engage a friend or relative as a client By Jennifer A. Haase Employee Benefits, June 2018 Taking on a friend or relative as a client can be tricky. Here are some suggestions for navigating this potential minefield.
Setting boundaries when you engage a friend or relative as a client By Jennifer A. Haase Young Lawyers Division, April 2018 Taking on a friend or relative as a client can be tricky-- here are some suggestions for how to navigate this potential minefield.
The seventh circuit allows courts to decide whether a class action claim exists in an agreement By Samatha Hasiewicz Alternative Dispute Resolution, December 2018 In Herrington v. Waterstone Mortgage Corp., the seventh circuit determined that it is up to the court to decide if a class or collective action claim is permitted by an arbitration agreement.
Seventh circuit defines appropriate test for joint employer liability under Title VII By Orly M. Henry Labor and Employment Law, November 2018 The U.S. Court of Appeals for the Seventh Circuit recently clarified the applicable test for determining joint employment for Title VII liability.
The Seventh Circuit Electronic Discovery Pilot Program gets new name, website Federal Civil Practice, November 2018 Updates on the Seventh Circuit Electronic Discovery Pilot Program.
Seventh Circuit: Personal jurisdiction over a defendant cannot be established merely by an allegation of deliberate infringement of a trademark owned by a forum entity By Steven L. Baron & Dale R. Kurth Intellectual Property, June 2018 The U.S. Court of Appeals for the Seventh Circuit recently rendered a decision that reminds the holders of trademark rights that, when suing for infringement, the need to establish personal jurisdiction over the allegedly infringing defendant must not be overlooked.
Sexual misconduct and Illinois civil procedure laws By Jeffrey A. Parness Civil Practice and Procedure, February 2018 Surely, there is a need for immediate and serious discussions of law reform measures designed to remedy those already harmed by sexual misconduct as well as to prevent future instances of such misconduct. But some discussions should also involve possible Illinois civil procedure law reforms.
Short FMLA-based breaks may not be compensable By Michael R. Lied Labor and Employment Law, September 2018 The U.S. Department of Labor issued an opinion regarding whether a non-exempt employee’s 15-minute rest breaks, which are certified by a health care provider as required every hour due to the employee’s serious health condition and are thus covered under the Family and Medical Leave Act, are compensable or non-compensable time under the Fair Labor Standards Act.
Short-term guardian form By J. Amber Drew Elder Law, November 2018 A short-term guardian form typically used by parents leaving their kids with the grandparents.
Should courtroom-provided petitions to rescind summary suspension go up in smoke? By Kal Issa Traffic Laws and Courts, December 2018 An overview of the procedural issues that arise as the result of new substantive criminal offenses in Illinois.
Should initial client consultations be free? By Kerry M. Lavelle Law Office Management and Economics, Standing Committee on, March 2018 Should clients pay for an initial consultation or not? Author Kerry Lavelle discusses the pros and cons of each option.