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Articles From 2021

Eight Common Mistakes to Avoid When Writing Your Next Appellate Brief By Phillip G. Palmer, Jr. Young Lawyers Division, April 2021 Common mistakes to avoid when drafting appellate court briefs.
Elleby v. Forest Alarm Service: A Primer for Making Demand and Requesting Inspection of Books and Records By J.J. Jahania & Prof. Charles W. Murdock Business and Securities Law, October 2021 A summary and analysis of the appellate court's decision in Elleby v. Forest Alarm Service, Inc.
Emotional Harms Cannot Be the Sole Basis for a Claim Under the FDCPA By Kevin Stine Commercial Banking, Collections, and Bankruptcy, September 2021 In Wadsworth v. Kross, Lieberman & Stone, Inc., the appellate court dismissed a complaint filed under the Fair Debt Collection Practices Act because the plaintiff did not suffer any concrete harm.
Employee Benefit Issues for Employers to Consider at the Year End and for the Coming New Year By Wesley Covert Employee Benefits, December 2021 Summaries of common end-of-year employee benefits deadlines and new requirements employers typically face.
Employee’s Misconduct Disqualifies Her From Receiving Unemployment Benefits By Michael R. Lied Labor and Employment Law, April 2021 A summary and analysis of Ken’s Beverage, Inc. v. Michelle P. Wood.
Employer Fumbles Attempt to Remove Case From State Court By Michael R. Lied Federal Civil Practice, December 2021 A summary and analysis of Railey v. Sunset Food Mart, Inc.
Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits By Fiona W. Ong Labor and Employment Law, October 2021 The U.S. Department of Labor recently highlighted a federal court ruling that private arbitration agreements will not prevent the federal Secretary of Labor from bringing suit against an employer for violation of the Fair Labor Standards Act.
Employers Beware: The EEOC Is Monitoring Use of Artificial Intelligence By Dan Butler & Kevin White Labor and Employment Law, October 2021 The Equal Employment Opportunity Commission is monitoring employers’ artificial intelligence in the workplace to ensure compliance with anti-discrimination laws.
Employers Must Take Action on Temporary COBRA Subsidy by May 31, 2021 By Dipa N. Sudra Labor and Employment Law, April 2021 The American Rescue Plan Act provides a 100 percent COBRA subsidy to eligible individuals from April 1, 2021, through September 30, 2021.
Employing Individuals With Disabilities: Viewpoints Based on the Experiences of Two Disabled Attorneys By Brandy Johnson & Patti Chang Diversity Leadership Council, November 2021 Two ISBA members with disabilities reflect on their experiences in the workplace.
Enforcing an I-864 Affidavit in an Illinois Divorce By Russell D. Knight & Stephanie L. Tang Family Law, July 2021 In In re Marriage of Bychina, the Illinois appellate court issued its first publishing opinion regarding enforcement of an affidavit of support.
ESG Considerations for U.S. Companies By David Kotler, Catherine Wigglesworth, & Samantha Rosa Corporate Law Departments, April 2021 Environmental, social, and governance investing is becoming a growing priority for issuers, investors, asset managers, and regulators in the United States, making it critical to understand the applicable legal and regulatory considerations.
Estate Planning for Disabled Adults By Robert W. Kaufman Trusts and Estates, March 2021 An analysis of the rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated disabled under the Illinois Probate Act.
Estate Planning for Millennials: Choosing Your Top Friends By Priya Thennarasu Young Lawyers Division, March 2021 Estate planning tips for millennials.
Ethical Practices in the Email Age: Courtesy Copy Emails to Judges By David W. Inlander & Ronald D. Menna, Jr. Civil Practice and Procedure, May 2021 As the court system has evolved into the era of permitting emails to transmit courtesy copies of pleadings and motions, a troubling trend has ensued: Courtesy copy emails are being used to raise new arguments or make disparaging comments.
Ethical Practices in the Email Age: Courtesy Copy Emails to Judges By David W. Inlander & Ronald D. Menna, Jr. Bench and Bar, May 2021 As the court system has evolved into the era of permitting emails to transmit courtesy copies of pleadings and motions, a troubling trend has ensued: Courtesy copy emails are being used to raise new arguments or make disparaging comments.
1 comment (Most recent June 7, 2021)
Ethical Practices in the Email Age: Rule of Professional Conduct 4.2 and ‘Reply All’ Emails By David W. Inlander & Ronald D. Menna, Jr. Civil Practice and Procedure, November 2021 As more and more legal communications are via email rather than carefully proofread letters, new ethical minefields are being discovered.
Ethical Practices in the Email Age: Rule of Professional Conduct 4.2 and ‘Reply All’ Emails By David W. Inlander & Ronald D. Menna, Jr. Bench and Bar, September 2021 As more and more legal communications are via email rather than carefully proofread letters, new ethical minefields are being discovered.
Ethics and the Illinois Electronic Wills and Remote Witnesses Act By Daniel Ebner Real Estate Law, November 2021 A look at the ethics concerns related to the new Electronic Wills and Remote Witnesses Act signed into law on July 26, 2021.
Ethics and the Illinois Electronic Wills and Remote Witnesses Act By Daniel Ebner Trusts and Estates, October 2021 A look at the ethics concerns related to the new Electronic Wills and Remote Witnesses Act signed into law on July 26, 2021.
Evaluating Objections to Workplace Vaccine Mandates By Terrill A. Wilkins Young Lawyers Division, December 2021 An overview of current guidelines for evaluating requested medical and religious exemptions from employer vaccine mandates.
‘Excuse Me, Do You Have a Moment?’ By Judge Heinz Rudolf Young Lawyers Division, March 2021 Reflections on the benefits of mentorship from more seasoned attorneys.
Executive Orders and Their Challenges During COVID-19 By Lesley Gool Business Advice and Financial Planning, January 2021 A brief historical background of executive orders, an examination of the governor’s authority to issue such orders, and a look at the recent lawsuits challenging Governor Pritzker’s COVID-19 orders.
Existence of Employment Contract Bars Retaliatory Discharge Claim; School Principal Qualifies as ‘Minister’ So That Whistleblower Claim Fails By Michael R. Lied Labor and Employment Law, March 2021 In a recent case, the Illinois Supreme Court ruled that an ex-employee who had been employed under an employment agreement could not state a claim for common law retaliatory discharge.
Expanding the Limits of Limited Guardianships: Can One-Page Orders Be Used to Protect Persons With Disabilities? By Leonard Berg Trusts and Estates, May 2021 A look at limited guardianships.
1 comment (Most recent June 14, 2021)
Expedited Changes Coming to the Canadian Trademark Office: A Comparative Overview With the U.S. System By Alice Denenberg International and Immigration Law, December 2021 In summer 2019 Canada updated its trademark laws, adopted the Nice Classification System, and joined the Madrid Protocol, enabling Canada to be designated in an international registration. However, even before these changes, the Canadian Intellectual Property Office was plagued with examination delays exasperating both attorneys and IP owners.
Expedited Changes Coming to the Canadian Trademark Office: A Comparative Overview With the U.S. System By Alice Denenberg Intellectual Property, September 2021 In summer 2019 Canada updated its trademark laws, adopted the Nice Classification System, and joined the Madrid Protocol, enabling Canada to be designated in an international registration. However, even before these changes, the Canadian Intellectual Property Office was plagued with examination delays exasperating both attorneys and IP owners.
Expert Testimony Required to Prove Consumption of Methamphetamine Based on Metabolites in Urine, Definition of Methamphetamine Excludes Other Separately Listed Substances By Juliet Boyd Traffic Laws and Courts, February 2021 In People v. Scott Petty, the appellate court reversed and vacated the defendant’s conviction for aggravated driving a vehicle under the influence of methamphetamine in violation of the Illinois Vehicle Code.
Experts Duel Over Annual Tear in Lumbar Spine as Commission’s Reliance on One Expert Passes Manifest Weight Standard By Derek Dominguez Workers’ Compensation Law, November 2021 In Cassens Transport v. Illinois Worker’s Compensation Comm'n and Raymond Simental, the appellate court found that the Commission’s reliance on a particular expert for its causation finding was not against the manifest weight of the evidence.
Facebook: Social Media Admissibility Rules By Anisa Jordan Criminal Justice, March 2021 In People v. Curry, the appellate court addressed whether the trial court abused its discretion in allowing messages via Facebook Messenger sent from the defendant to the victim through the parties’ respective Facebook Messenger phone applications.