Articles From 2018

Trump Administration administrative rules actions By William A. Price Administrative Law, January 2018 The current federal administration has made “deconstruction of the administrative state” an issue, and a variety of news articles have suggested some success in reducing new regulations on business.
The Uber conundrum: Hyperlinks, in-app agreements, and arbitration By Madeline Derango Alternative Dispute Resolution, November 2018 As Uber has learned this year, hyperlink design can be the difference between a binding and non-binding arbitration agreement.
The United States left the Human Rights Council…. So what? By Bhavani Raveendran Human and Civil Rights, October 2018 The withdrawal of the United States from the Human Rights Council of the United Nations may have a far greater effect than envisioned.
United States Supreme Court oral argument review: New Prime v. Oliveira By Hannah Friedle Alternative Dispute Resolution, December 2018 A summary of New Prime Inc. v. Oliveira, which centered around the term “contracts of employment.”
The United States-Mexico-Canada Agreement By Reagan Quynn Alternative Dispute Resolution, December 2018 An overview of the United States-Mexico-Canada Agreement.
An update on the companion animal Good Samaritan law By Melissa A. Maye Animal Law, August 2018 This year, Illinois failed to become the thirteenth state to enact a Good Samaritan law, which would allow a person to break into a vehicle to rescue a companion animal that is noticeably in distress under certain circumstances.
An update on the court’s transition to eFileIL and Re:SearchIL By Christopher Bonjean Legal Technology, Standing Committee on, October 2018 The new statewide e-filing system, eFileIL, is now live in most of the state's courts and provides a uniform filing experience for the 60 percent of Illinois attorneys that file in multiple jurisdictions while allowing each court to customize filings for their respective case management system.
1 comment (Most recent December 16, 2018)
Updates in Swiss business law By Florian S. Jörg International and Immigration Law, March 2018 A look at the significant changes to Swiss business law during the period from July 1, 2017 to January 1, 2018.
Upholding or striking consumer mandatory arbitration clauses: What is the current trend? By David W. Inlander & Deborah Jo Soehlig Alternative Dispute Resolution, May 2018 Recent cases have addressed situations that call into play the issues raised by mandatory arbitration clauses and class action waivers in form agreements.
Upholding or striking consumer mandatory arbitration clauses—What is the current trend? By David W. Inlander & Deborah Jo Soehlig Bench and Bar, February 2018 Recent cases, and the revocation of the CFPB rules limiting arbitration provisions in consumer contracts, continue the growing trend to remove many types of cases from the traditional litigation arena, when arbitration was contracted for between the parties.
U.S. Supreme Court agrees to hear Lamps Plus, Inc. v. Varela By Madeline Derango Alternative Dispute Resolution, November 2018 The U.S. Supreme Court agreed to hear Lamps Plus, Inc. v. Varela after the ninth circuit found that, under California law, ambiguity concerned class arbitration in a contract may be construed against the drafter.
U.S. Supreme Court grants certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. By Samantha Hasiewicz Alternative Dispute Resolution, November 2018 The U.S. Supreme Court granted certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. after the fifth circuit found that if an arbitrability claim is “wholly groundless,” there is a narrow exception that allows the courts to make the decision. 
U.S. Supreme Court may end web retailing as we know it By Stanley R. Kaminski State and Local Taxation, May 2018 Last month, the U.S. Supreme Court heard oral arguments in South Dakota v. Wayfair, Inc. The outcome of this case may affect the manner in which small businesses can solicit orders and sell merchandise online.
U.S. Supreme Court upholds employers’ right to mandatory individualized arbitration By Juanita B. Rodriguez & Danielle Kirby Labor and Employment Law, November 2018 The U.S. Supreme Court recently upheld the right of employers to include mandatory individualized arbitration clauses in their employment contracts in a 5-4 decision.
Use of short-term guardianships to temporarily delegate parental decision-making By Sarah J. Taylor Family Law, March 2018 If a power of attorney is not the ideal approach, what avenue does a parent have if he or she needs to temporarily and legally delegate parental authority over a child, such that schools, medical personnel, and others will recognize the delegation?
Use of short-term guardianships to temporarily delegate parental decision-making By Sarah J. Taylor Family Law, February 2018 If a power of attorney is not the ideal approach, what avenue does a parent have if he or she needs to temporarily and legally delegate parental authority over a child, such that schools, medical personnel, and others will recognize the delegation? One option is a short-term guardianship under Illinois’ Probate Act of 1975.
Using Excel and Word for time and billing By Todd H. Flaming Legal Technology, Standing Committee on, September 2018 Although good time and billing software is available on the market, a DIY approach using Excel and Word gives you complete control over how your time and billing works while saving you money.
USPTO gives patent examiners new subject matter eligibility guidelines following Vanda By Michael J. Weil Intellectual Property, November 2018 The U.S. Patent and Trademark Office issued new guidelines to patent examiners in June 2018 following the ruling in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals.
Vicarious liability bars contribution between principal defendants By Jason G. Schutte Civil Practice and Procedure, February 2018 Where the liability of multiple defendants derives wholly from the alleged action of one single defendant, a right of contribution may not exist. This situation was discussed extensively in the recent case of Sperl v. Henry, et al.
Video surveillance dooms disabled status By Douglas Darch Employee Benefits, December 2018 A summary of O’Leary v. Aetna Life Insurance Co.
The Vital Records Act amendment By Michael J. Maslanka Trusts and Estates, April 2018 The Vital Records Act was amended as of January 1, 2018. 
Wage obligations of H-1B visa sponsors By Michael R. Lied International and Immigration Law, January 2018 If an H-1B employee is in nonproductive status due to a decision by the employer, the employer is required to pay the employee’s salary. However, once there has been a bona fide termination of the employment relationship, the H-1B employee is no longer entitled to any further salary.
Waivers: Have fun, but sign here first By David House Law Related Education for the Public, January 2018 A waiver can prevent an injured party from recovering for his or her injuries even if the other party was clearly the cause of the injuries. How can this be allowed to happen?
1 comment (Most recent January 20, 2018)
Waste Management of Illinois, Inc. v. The Illinois Independent Tax Tribunal By Keith Staats State and Local Taxation, February 2018 The ruling in this case would seem to create a refund opportunity for other similarly situated taxpayers, although because the case is a Rule 23 decision the Illinois Department of Revenue might contest additional refund claims.
WATL August spa outing By Erin Wilson Women and the Law, October 2018 The Women and the Law Committee hosted a unique networking event after a recent meeting.
‘Weapons of war’ and the Second Amendment By Jennifer Gover Bannon & Amanda Mank Government Lawyers, May 2018 Recent cases and legislative efforts may signal a change coming in Illinois' legislation regulating firearms and ammunition.
Websites, newsletters, and information of interest By Jeffrey A. Mollet Agricultural Law, February 2018 A list of resources that you may find helpful in your practice.
Welcome to the October 2018 newsletter By Colleen L. Sahlas & Jennifer Bunker Trusts and Estates, October 2018 An introduction to the issue from the co-editors, Colleen L. Sahlas and Jennifer Bunker.
What about the children? A glance into the treatment of immigrant minors forcibly separated from their families By Alejandra Palacios Human and Civil Rights, October 2018 As the number of immigrant children sent to shelters increases, so do allegations of abuse against the shelters housing them.
What are the ‘externalities’ of practicing law? By Kerry M. Lavelle Law Office Management and Economics, Standing Committee on, May 2018 To build your book of business, meet referral sources, and become a better lawyer, it is critical for attorneys to participate in activities outside of the firm and courthouse.