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Articles From 2019

Retention Limitation: Another Wrinkle to the Illinois Contractor Prompt Payment Act By Paul Peterson Construction Law, October 2019 Public Act 101-0432 has added a retention limitation to the Illinois Contractor Prompt Payment Act effective for construction contracts entered into after August 20, 2019.
Review of ‘BIFF’ and How It Works By Lisa M. Nyuli Family Law, September 2019 Communications that are brief, informative, friendly, and firm are shown to be an effective tool for communicating with high-conflict people.
Review of ‘Doing Justice: A Prosecutor’s Thoughts on Crime, Punishment, and the Rule of Law’ by Preet Bharara By Kathryn E. Eisenhart Human and Civil Rights, June 2019 A review of Preet Bharara's book on justice based on his experiences as a U.S. attorney.
RIFs are not the easy solution for problem employees By Fiona Ong Labor and Employment Law, February 2019 Hawks v. Ballantine Communications, Inc. highlights the risks companies take when culling unwanted employees through a supposed reduction in force.
A rousing WELCOME to the newest members of the Illinois bar! By Khara Coleman Racial and Ethnic Minorities and the Law, January 2019 Words of welcome to the newest attorneys in Illinois from the editor of the Standing Committee on Racial and Ethnic Minorities & the Law, Khara Coleman.
Rule 105 Bars Amending the Complaint on Its Face to Seek New or Additional Relief By Adrian Zeno Real Estate Law, December 2019 A summary of Lamarca v. Che Ce Ce Corp., in which a landlord sought to expedite resolution on the eviction case, but without first serving notice of an amendment to the complaint on the defendant.
Rule 23 Decision Affirms Commission’s Insight, Denying Boilermaker’s Incredible, Uncorroborated Claim Involving 10-Ton Channel Head Installation at Refinery By Robert Finley Workers’ Compensation Law, October 2019 A summary of Edward Holmes, Jr. v. Illinois Workers’ Compensation Commission, in which the court affirmed the Commission's decision to deny benefits where the Commission's determination that the claimant failed to prove an accident arising out of and in the course of his employment was not against the manifest weight of the evidence.
Rule of thumb By Rhys Saunders Privacy and Information Security Law, April 2019 The Illinois Supreme Court clarified the burden of proof under state's strict biometric privacy law in Rosenbach v. SixFlags Entertainment Corp.
Salvatore gums up child support modifications with new ‘what was contemplated?’ analysis By Wes Cowell Family Law, April 2019 A summary of In re Marriage of Salvatore.
SCOTUS maintains a waiting game for copyright: Resolving a circuit split, SCOTUS requires registration of copyright before suit By Jonathan LA Phillips Intellectual Property, April 2019 In Fourth Estate Public Benefit Corp v. Wall-Street.com, LLC, the U.S. Supreme Court determined that registration, not application for registration, of a copyright is necessary before an infringement suit can proceed.
Second circuit affirms denial of insider trader’s habeas petition holding that the trader’s anticipation of maintaining a good relationship with the tippee was a sufficient benefit to support conviction By John R. Schleppenbach Business and Securities Law, March 2019 Securities practitioners would do well to advise their clients that insiders who provide stock tips based on non-public information can be broadly penalized, even in the absence of money changing hands.
Section 199A Rental Income Safe Harbor: Proceed With Caution By Leonard S. DeFranco Federal Taxation, December 2019 A look at the safe harbor requirement of the Qualified Business Income Deduction of the Tax Cuts & Jobs Act of 2017.
The SECURE Act poised to eliminate common estate planning technique By Lawrence J. Gregory Trusts and Estates, July 2019 The SECURE Act will make it easier for individuals to save for retirement, however, it restricts a popular estate planning technique commonly used to preserve and grow qualified assets for future generations.
Seeking decision-making after an award of child support in parentage cases By Marilyn Longwell Family Law, February 2019 A look at how section 802(c) of the Parentage Act has been interpreted.
Senior Lawyers Promote Mentoring By Richard Thies & Leonard F. Amari Senior Lawyers, December 2019 One way for senior lawyers to "pay it forward" is by mentoring young lawyers.
Settlement Assistance Program By Kathryn Kelly Federal Civil Practice, September 2019 The Settlement Assistance Program is a court-wide program that provides pro se litigants the benefit of a free attorney at settlement conferences.
Seventh Circuit Finds Substantial Compliance Doctrine Does Not Apply to Missed Appeal Deadline By Chad DeGroot Employee Benefits, August 2019 The seventh circuit recently held in Fessenden v. Reliance Standard Life Insurance Co. that a plan administrator’s failure to meet a regulatory deadline cost the administrator the benefit of deferential review in court.
Seventh circuit gets it right—Meaningless data or actionable information? By Michael Rooney Real Estate Law, July 2019 In United States v. Z Investment Properties, LLC, the court addressed the question of whether a recorded federal tax lien constituted constructive notice due to an incorrect spelling of the first name of the taxpayer against whom the lien was filed.
1 comment (Most recent July 15, 2019)
Seventh Circuit on a Roll With Illinois Real Estate Cases By Michael J. Rooney Real Estate Law, October 2019 A closer look at tenancy by the entirety caselaw, judgment liens, and bankruptcy exemptions.
Seventh Circuit Rules in Favor of Employer and Holds That Courts Can Split a Hostile Work Environment Claim By Anthony W. Overholt & Stephanie V. McGowan Labor and Employment Law, December 2019 The seventh circuit recently held that courts can sometimes analyze a hostile work environment claim as two separate claims.
Share your talents! By Marylou Lowder Kent Women and the Law, February 2019 An overview of three programs managed by the Standing Committee on Law Related Education for the Public that present attorneys and judges with opportunities to volunteer their time in their communities toward the advancement of civics education.
Sharing the load: Advantages of co-managing a law firm By Jennifer L. Friedland Law Office Management and Economics, Standing Committee on, March 2019 There are many good reasons to have two managing partners working together.
Short-term guardian form By J. Amber Drew Trusts and Estates, March 2019 A short-term guardian form typically used by parents leaving their kids with the grandparents.
Should Illinois require women on corporate boards of directors? By Beverly Garland Women and the Law, June 2019 States have started the process of legally requiring companies to have at least one woman on their board of directors.
Should U.S. healthcare providers worry about the European Union’s General Data Protection Regulation? By James R. Engelman International and Immigration Law, January 2019 The General Data Protection Regulation went into effect, declaring data privacy and protection as fundemtanal rights for European residents—but what are the implications for the U.S. healthcare system?
Sienna Court: Minton overruled and no implied warranty of habitability against subcontractors without contractual relationship By Steven D. Mroczkowski Real Estate Law, July 2019 In December 2018, the Supreme Court of Illinois decided the purchaser of a newly-constructed home may not assert a claim for breach of an implied warranty of habitability against a subcontractor that participated in the construction but with which the purchaser had no contractual relationship.
Sienna Court: Minton overruled and no implied warranty of habitability against subcontractors without contractual relationship By Steven D. Mroczkowski Construction Law, April 2019 In December 2018, the Supreme Court of Illinois decided the purchaser of a newly-constructed hom may not assert a claim for breach of an implied warranty of habitability against a subcontractor that participated in the construction but with which the purchaser had no contractual relationship.
Significant 2018 Federal Court Decisions in Environmental Law By Kenneth Anspach Environmental and Natural Resources Law, December 2019 Summaries of recent federal court decisions in environmental law.
Significant Changes Coming to the LSAT By Leonard F. Amari Senior Lawyers, December 2019 After lengthy, costly, and complicated litigation in a Michigan federal court, the American Bar Association and the Law School Admission Council have agreed to settle a lawsuit by two visually impaired individuals.
Simple But Major Amendment to Chapter 12 By Jeffrey A. Mollet Agricultural Law, September 2019 In late August, President Trump signed legislation amending Chapter 12 of the Bankruptcy Code, raising the debt limit for potential Chapter 12 debtors.