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2020 Articles

Bank and Borrower Did Not Collude to Injure Another Lender By Michael L. Weissman June 2020 In NearGear Capital, Inc. v. Bank of Springfield, the question was whether Bank of Springfield had colluded with its borrower, Gateway Buick GMC, Inc. to injure Gateway’s floor plan lender, NextGear Capital, Inc.
Boosting Wellness and Managing Stress During Quarantine By Erin Clifford, E. Kenneth Wright, Jr., & Michael B. Hyman May 2020 Wellness and stress management tips during COVID-19.
The Case for Civility: My Perspective By Robert Fioretti March 2020 Three lessons in civility that you can learn in the courtroom.
The CFPB’s Debt Collection Rulemaking: Flagging the Privacy Issues By Elizabeth Khalil March 2020 While the Consumer Financial Protection Bureau is focused on debt collection practices, privacy concerns underlie many provisions of the law and proposed regulation.
Chicken Dinner Warrants Recusal? Not So Fast! By David W. Inlander & Ronald D. Menna, Jr. April 2020 An analysis of judicial recusal.
COVID-19 Sparks Renewed Interest in Online Dispute Resolution By Jay Schleppenbach May 2020 In the legal world, some are looking to online dispute resolution as a fitting solution for legal problems in the era of social distancing.
Creditors’ Willful Violation of the Automatic Stay Under 11 U.S.C. § 362(k) of the Bankruptcy Code: When the Debtor Initiates Contact By Taofikat I. Ninalowo February 2020 A discussion of creditors’ willful violation of the automatic stay under section 362 of the Bankruptcy Code.
A Few Interesting Practice Issues That You May Not Regularly Deal With By Stanley N. Wasser May 2020 A look at how to handle issues you may not come across regularly in your federal civil practice.
How Do You Verify the Identity of a Data Requestor? By David Adler March 2020 Under the California Consumer Privacy Act, companies must allow Californians to access the information held about them, or, in some situations, request that the information that they provided to a company be deleted. By keeping data minimization objectives in mind and not over-thinking compliance obligations, verifying the identity of a data requestor may be straight-forward.
Jurisdiction Stripping and the Presumption of Judicial Review: Who Gets to Make the Call in 2020 By Patrick M. Kinnally April 2020 A look at issues of congressional authority as we head into 2020.
Newsletter Editor Comments By Judge Michael Chmiel April 2020 A note from the editor, Judge Michael Chmiel.
Newsletter Editor Notes By Judge Michael Chmiel March 2020 A note from the editor, Judge Michael Chmiel.
Newsletter Editor Update By Judge Michael Chmiel February 2020 A note from the editor, Judge Michael Chmiel.
Newsletter Editor’s Pandemic Update By Judge Michael Chmiel May 2020 A note from the editor, Judge Michael Chmiel.
Options for Conducting Annual Shareholder Meetings and Director Meetings During a Time of COVID-19 Shelter in Place Orders By Timothy M. Sullivan May 2020 A look at the options for private companies when it comes to conducting their annual shareholder meeting and director meetings.
Out With the Old and in With the New By Judge Michael Chmiel June 2020 A note from the editor, Judge Michael Chmiel.
Save Judicial Resources: Eliminate Orders for Alias Summons By Robert G. Markoff & Steven A. Markoff June 2020 Judges contemplating how to resume their court calls should consider setting a specific time period for the plaintiff to obtain service.
Second Citations to Discover Assets Directed to a Previous Respondent By Robert G. Markoff February 2020 Supreme Court Rule 277 imposes a major limitation on the number of citations to discover assets that may be issued to one party.
Staying Active, Healthy, and Productive at Home By Michael B. Hyman, E. Kenneth Wright, Jr., & Erin Clifford June 2020 Suggestions to better manage working from home during COVID-19.
Take Care of the Best Machine You Own! By Robert Fioretti, Nicki Pecori Fioretti, & Mary Petruchius June 2020 A look at our realities during COVID-19 and advice on how to take care of yourself during this time.
Trends in Overdraft Fee and NSF Litigation By Matt Mulqueen & Robert Tom February 2020 There has recently been an increase in class action lawsuits against banks and credit unions challenging the manner in which those institutions charge overdraft and non-sufficient funds fees.
Tweaks to Judgment Enforcement Law By Robert G. Markoff February 2020 P.A. 101-191, which was recently signed into law, updates and modernizes several aspects of judgment enforcement law related to citations to discover assets, garnishment, and wage deduction.
The Unlimited Potential of Limited Scope Engagements By Joe Souligne April 2020 Limited scope engagements, which are an often-overlooked tool, can be advantageous to both lawyers and clients.
Virtual Courtrooms in 2020 and Beyond By Judge Michael Chmiel May 2020 A look at the disruption the pandemic has caused to the legal industry, prompting access to justice through virtual proceedings.
When an Account Receivable Isn’t an Account Receivable By Michael Weissman April 2020 The decision of the Supreme Court of Illinois in Accettura v. Vacationland focuses on an issue involving the validity of collateral on which lenders depend heavily—a borrower’s accounts receivable.