Section Newsletters

Articles From 2022

Copyright Derivative Works and Section 203: A Tale of Two Phanatics By Margo Lynn Hablutzel Intellectual Property, March 2022 Is a baseball mascot merely a costume, a work of art, or something else?  If the artist wants to reclaim the copyright, can the team use a derivative version of the original design after the termination of its license in the original, and how does when the new mascot was created interact with the Copyright Act’s termination provision?
Copyright Small Claims Court: It’s Almost Ready By Beverly A. Berneman Intellectual Property, March 2022 On December 27, 2020, Congress enacted the Copyright Alternative in Small Claims Enforcement Act (CASE Act). The CASE Act establishes a small claims court for copyright infringement cases. The law requires the Copyright Office to establish a Copyright Claims Board within one year to hear the claims.
Counseling Businesses Trademarking Digital Assets By Ahad Syed Intellectual Property, December 2022 Intellectual property recognizes intangible property, expanding from books and words to include software, architectural works, name-image-likeness, and now non-fungible tokens, and more. Guidelines for applying to register trademarks for digital assets are give, especially whether the asset if within trademark Class 9 services or Class 42 services.
Counseling Businesses Trademarking Digital Assets By Ahad Syed Commercial Banking, Collections, and Bankruptcy, November 2022 A look at common issues that arise in protecting a business’ digital assets through federal trademark law.
Counseling Businesses Trademarking Digital Assets By Ahad Syed Business and Securities Law, October 2022 A look at common issues that arise in protecting a business’ digital assets through federal trademark law.
COVID-19 Vaccination Sweepstakes: Best Practices for Employee Incentives By Scott G. Kobil, Sarah A. Decker, & Erinn L. Rigney Labor and Employment Law, February 2022 In the current pandemic environment, employers are searching for increasingly creative ways to incentivize COVID-19 vaccination among their employees.
Criminal Defense and the Virtual Courthouse: Challenges for New Attorneys By Kenet Weed Young Lawyers Division, February 2022 The transition to remote proceedings and the rise of the Zoom courtroom hasn’t always been smooth and the addition of previously unfamiliar technology has brought its own set of challenges for even experienced lawyers.
The Cross-Generational Challenge: How Teams Can Unlock Their Hidden Potential in a Five Generation Workplace By Keith R. Sbiral & Amy M. Gardner Law Office Management and Economics, Standing Committee on, February 2022 Today’s workforce is made up of members of five different generations. This article provides a framework to help cross-generational teams unlock their full potential.
Cummings v. IWCC and Sua Sponte Exclusion of Evidence By Jim Babcock Workers’ Compensation Law, November 2022 Cummings v. IWCC arose out of a denial of benefits in an occupational exposure claim.
Curbside Cocktails and Crowlers® To-Go: Here to Stay, or Fading Off Into the Sunset? By Hon. Anna M. Benjamin Food Law, May 2022 A look at the specific requirements to be in compliance with changing alcohol sale and carry out laws.
Current Issues in Food Labeling in the U.S., EU, and France By Lynne R. Ostfeld Food Law, August 2022 Today's consumer has two issues of food safety importance: adequate labeling to tell them what is in the product and informative label titles so that they are not deceived.
The Current State of the IRS and Future Enforcement Priorities By James Creech Federal Taxation, April 2022 IRS staffing shortfalls and COVID shutdowns have created an unacceptable backlogs of mail, unprocessed refunds, automated notices that continue despite taxpayer timely responses, and a general sense of frustration that the agency is imposing a higher burden on taxpayers than it does for itself.
Cybersecurity Best Practices By Adam Ford & Jenifer L. Johnson Legal Technology, Standing Committee on, May 2022 With the rash of recent cybersecurity attacks nationwide, cyber hygiene has never been more important for government lawyers.
The Defaulted Client or the Default in Our Stars By Karen VanderMeer Family Law, January 2022 A look at default judgments for the dissolution of marriage and available remedies.
Delving Into the Law Office’s Closet for LGBTQ-Affirming Knowledge: Coming Out—What It Means and Why It Matters By Ryan R. Lee Diversity Leadership Council, June 2022 As members of a profession that should strive to be as inclusive as possible, it is imperative that attorneys and others in the legal community understand what it means to come out and why it is important.
Department Proposes New Regulations on Temporary Abandonment of Inactive Production Wells By Craig R. Hedin Mineral Law, June 2022 An overview of the revisions to the regulations that govern temporary abandonment of inactive production wells.
Department Submits Application Under REGROW Act By Craig R. Hedin Mineral Law, June 2022 The Department of Interior guidance issued to date indicates that Illinois could be eligible for the initial grant funding of up to $25 million under the REGROW Act.
Development of Technology and Younger Attorneys By Edward Wasilewski Young Lawyers Division, November 2022 With the advancements of technology, younger attorneys, who tend to be skilled in technology, may have an advantage over their older coworkers.
Digital Assets in the U.S.: The Evolving Regulatory Framework and President Biden’s Executive Order By Nikhil Mehta Intellectual Property, June 2022 The current regulatory landscape surrounding digital assets in the U.S. is cloudy at best with a patchwork of various federal agencies vying for oversight.
Digital Assets in the U.S.: The Evolving Regulatory Framework and President Biden’s Executive Order By Nikhil Mehta Business and Securities Law, April 2022 The current regulatory landscape surrounding digital assets in the U.S. is cloudy at best with a patchwork of various federal agencies vying for oversight.
Digitally Time Travel With the WayBack Machine By Tim Meloy Young Lawyers Division, March 2022 The WayBack Marchine can be a resource for lawyers who are interested in scrutinizing the digital footprint of a client, an adversary, or a third party. 
Disability Rights on the Global Stage By Abigael Schulz Diversity Leadership Council, June 2022 Disability rights incorporate basic human rights principles that should be integral to all societies. Has the United States failed to protect those rights on the international stage?
Disability Rights on the Global Stage By Abigael Schulz Human and Civil Rights, May 2022 Disability rights incorporate basic human rights principles that should be integral to all societies. Has the United States failed to protect those rights on the international stage?
Disputed Trip and Fall on Loose Carpet Strip Trips Up Employer Despite Conflicting Evidence on Premises Defect/Arising Out Of, Injurious Practice, and Employability/Odd Lot Theory By Rick Turner Workers’ Compensation Law, February 2022 In its decision in Mt. Vernon School District No.80 v. IWCC, the appellate court reminded us that “arising out of” in the context of a fall on the employer’s premises is usually a question of fact and the standard of review is manifest weight, as is the question of whether the Commission appropriately found a claimant permanently totally disabled on an “odd lot” theory.
Dissection of Mexican Drug Cartels: Major Source of Illicit Drugs Sold by Chicago Street Gangs By Ralph E. Guderian International and Immigration Law, November 2022 A look at the origins of some of the illicit drugs sold by Chicago gangs.
Do Annexation Agreements Apply to Broken Subdivisions? Guidance from the Second District Appellate Court By Michael Smoron Local Government Law, July 2022 In Village of Kirkland v. Kirkland Properties Holdings Company, LLC I, the appellate court set forth its analytical framework to determine whether there exists a cause of action premised on an annexation agreement applying to a “broken subdivision.”
Do Million-Dollar Settlements Lead to Law and Policy Change? Record High Settlement in Civil Rights Case Involving Fatal Police Use of Force By Khara Coleman Diversity Leadership Council, June 2022 Lawyers, academics, and activists continue to debate whether historically large settlements will send a different message to cities and departments across the country about disproportionate, often fatal, use of force against black Americans.
Documentation Issues With the Wage Payment and Collection Act By Paul Peterson Construction Law, August 2022 Public Act 102-1076, known as the Wage Payment and Collection Act, became effective June 10, 2022, making a contractor personally liable for unpaid lower tier wages and unpaid union dues.
Does the False Claims Act Protect Whistleblowers Against Retaliation? By Jason Zuckerman Labor and Employment Law, February 2022 An overview of the protection the False Claims Act offers to whistleblowers.
Does Your U.S.-Based Client’s Website Need a Cookie Consent Banner? By Aaron W. Brooks Intellectual Property, September 2022 The internet has become afflicted with a scourge of bothersome popup windows and dialogue boxes purporting to give us more control over how we’re tracked online. These mechanisms seem to have done little more than clutter up our screens and create a global click-through-loophole around regulations. The European Commission itself has acknowledged that cookie laws have “resulted in an overload of consent requests for internet users” and is currently considering sweeping changes to these laws. Lawyers who advise US-based clients on their online presence should carefully consider their use of cookies. This article provides a basic analysis of cookie-related regulations and offers practical suggestions.