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Articles From 2020

Political Trade Secrets: Intellectual Property Defense to Political Hacking By Daniel Kegan Intellectual Property, February 2020 An effective Defend Trade Secrets Act litigation may not immediately reverse an election result, but it might severely weaken the conspirators.
Post-Pandemic Practice (Or PPP) By Matthew A. Kirsh Elder Law, August 2020 A look at what we have learned about the practice of law during COVID-19.
Post-Pandemic Practice (Or PPP) By Matthew A. Kirsh Family Law, July 2020 A look at what we have learned about the practice of law during COVID-19.
Potential Real Estate Concerns Under the New Illinois Trust Code By Paul Peterson Elder Law, April 2020 Article 5 of the new Illinois Trust Code poses several issues that deserve consideration.
Potential Real Estate Concerns Under the New Illinois Trust Code By Paul Peterson Real Estate Law, March 2020 Article 5 of the new Illinois Trust Code poses several issues that deserve consideration.
Potential Real Estate Concerns Under the New Illinois Trust Code By Paul Peterson Trusts and Estates, February 2020 Article 5 of the new Illinois Trust Code poses several issues that deserve consideration.
Powers of Attorney: Pitfalls and Best Practices Part 1—Powers of Attorney for Property By Susan Dawson-Tibbits Elder Law, April 2020 The first in a two-part series of articles focusing on problematic areas and best practices used in the preparation of various types of powers of attorney.
Powers of Attorney: Pitfalls and Best Practices Part 1—Powers of Attorney for Property By Susan Dawson-Tibbits Trusts and Estates, March 2020 The first in a two-part series of articles focusing on problematic areas and best practices used in the preparation of various types of powers of attorney.
2 comments (Most recent March 31, 2020)
Powers of Attorney: Pitfalls and Best Practices Part 2—Powers of Attorney for Health Care By Susan Dawson-Tibbits Trusts and Estates, June 2020 This article continues to focus on problematic areas and best practices used in the preparation of various types of powers of attorney.
1 comment (Most recent June 17, 2020)
Practice Pointers in the Midst of COVID-19 and Governor Pritzker’s Stay-at-Home Order By Jennifer Bunker Skerston Trusts and Estates, May 2020 Summaries of Trusts & Estates Section Council members' experiences with and methods of handling COVID-19 related problems and online resources.
Practice Tip Real Estate Law, December 2020 A practice tip for real estate and estate planning attorneys who use non-statutory power of attorney forms.
Practice Tip Real Estate Law, November 2020 A practice tip for a breach of contract in a real estate case.
Practice Tip Real Estate Law, February 2020 It may be a nice touch to your practice to remind sellers' attorneys to remind their former clients to make any and all exemption applications that they were obligated to make.
Practice Tip By Michael J. Maslanka Real Estate Law, January 2020 When representing a purchaser of real property, where mortgage financing is needed or involved, be sure to tell your clients to ask the lender to send copies of the documents that the lender expects the mortgagor/purchaser to sign at closing in advance.
1 comment (Most recent January 22, 2020)
Practice Tip 1 Real Estate Law, June 2020 A note on the importance of recording transfer on death instruments as soon as possible.
Practice Tip 2 By Michael J. Maslanka Real Estate Law, June 2020 Practice tips for attorneys who receive calls from the child of a deceased client asking for guidance regarding the decedent's estate matters.
Practice Tip (Or Oops! I Just Stepped In…!) By Michael J. Maslanka Real Estate Law, July 2020 Powers of attorney for closing-related purposes should probably be drafted with specific start and end dates and without the "revoke all prior powers of attorney" language.
Practice Tips Real Estate Law, October 2020 Two practice tips for real estate practitioners.
Precedented Insufficient Memory: COVID-19 and Earlier Plagues By Daniel Kegan Intellectual Property, May 2020 January 2020 saw the launch of a novel coronavirus, its resultant Covid-19 disease, a worldwide pandemic, and ubiquitous pronouncements of an “unprecedented” event—unprecedented only if one’s personal and availed institutional memory stops near the Vietnam War, World War I, Jeffrey Amherst, or Columbus sailing to “America,” and if one ignores plague literature. With references and resources.
1 comment (Most recent May 7, 2020)
Preserving Evidence on Home Construction Cases By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, September 2020 Litigating a case for construction defects can be devastatingly expensive and time consuming for the homeowner and highly disruptive for the contractor’s business.
A Primer: Expert Opinions—IRE 702-705 By Patrick M. Kinnally Civil Practice and Procedure, May 2020 The Illinois Supreme Court has repeatedly warned about the overuse of opinion witnesses.
Principle of Equity Applied to Tax Sale of Minerals By Craig R. Hedin Mineral Law, June 2020 In The Fayette County County Treasurer v. Dome Tax Service Co., Inc., the appellate court considered a case involving the tax sale of a mineral interest where the supervisor of assessments had previously incorrectly entered the name and address of the owner in its tax system.
Private Process Server Need Not Be Appointed by Court to Serve Process in Cook County if the Suit Was Filed in a Different County By James V. Noonan Real Estate Law, June 2020 At issue in Municipal Trust and Savings Bank v. Moriarty, et al. was whether the defendant-mortgagor in a foreclosure action was properly served, such that a foreclosure judgment was void for lack of jurisdiction.
Probate Guardianship and Domestic Relations Allocation: A Case Study on Intersecting Aspects of Parental Responsibility for Children By Cristina Rizen Child Law, October 2020 An analysis of a case involving a nonparent relative caregiver.
Progressive Illinois Tax and Its Federal Impact By Patrick D. Owens Federal Taxation, September 2020 On June 5, 2019, Illinois passed Public Act 101-0008, which will implement a progressive income tax effective January 1, 2021.
Promote Access to Justice (and Social Distancing) by Eliminating the Date-Certain Summons By Robert G. Markoff & Steven A. Markoff Elder Law, October 2020 A look at how we can modernize our court system to improve access to justice.
Promote Access to Justice (and Social Distancing) by Eliminating the Date-Certain Summons By Robert G. Markoff & Steven A. Markoff Commercial Banking, Collections, and Bankruptcy, September 2020 A look at how we can modernize our court system to improve access to justice.
Property Policy Coverage for ‘Direct Physical Loss’ By Jim Nyeste Insurance Law, June 2020 An analysis of five cases concerning coverage for direct physical loss or damage to covered property.
Proposed Amendments to Disclosure Required by Rule 7.1 of the Federal Rules of Civil Procedure By Patricia S. Smart Federal Civil Practice, March 2020 The Administrative Office of the U.S. Courts’ Advisory Committee on Civil Rules has recommended amendments to Rule 7.1 of the Federal Rule of Civil Procedure. If approved, the amendments will go into effect on December 1, 2021.
Proposed Changes to FRAP 3 Face Rare Pushback From Judiciary By Daniel Thies Federal Civil Practice, June 2020 A look at a recent Federal Rule of Appellate Procedure issue that arose out of the eighth circuit.