Section Newsletters

Articles From 2012

The Honorable Harris H. Agnew’s legacy: Judicial leadership and successful court-connected mediation programs By Terry Moritz & Heather Scheiwe Kulp Alternative Dispute Resolution, January 2012 The mediation community was saddened to learn that Judge Harris H. Agnew, retired Chief Judge of the 17th Circuit, passed away Tuesday, December 13, 2011. 
The honorable Patricia Jackowiak By Sheila Harrell Administrative Law, June 2012 Learn more about Patricia Jackowiak, who currently serves as Director/Chief Administrative Law Judge of City of Chicago’s Department of Administrative Hearings.
House Bill 6191—The Illinois Parentage Act By Margaret A. Bennett Family Law, December 2012 Author Margaret Bennett, one of the co-drafters of the proposed legislation, summarizes the bill and offers some history as to why it's needed.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, December 2012 Recent legislation of interest to criminal law practitioners.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, February 2012 Recent cases of interest to criminal law practitioners.
How do foreclosures affect real property tax valuation? And what can we do about it? By Thomas A. Jaconetty State and Local Taxation, May 2012 Some insight to help us find within our commonly-accepted principles a framework for confronting the challenges of a depressed economy and a national real estate market under severe stress.
How far can a raptor (vulture) spread its wings? Internet jurisdiction in the digital age—Wow! By Hon. E. Kenneth Wright, Jr. Bench and Bar, December 2012 A complicated jurisdictional dispute can arise both here and in a foreign country when a U.S. Internet service provider offers a variety of services such as search engine, e-mail, auctions, etc. that contain content that violates laws in that country.
How to conduct an Illinois will execution By Gerry W. Beyer & Eugene M. Kozob Trusts and Estates, October 2012 An unprofessional or unsupervised will execution ceremony may provide the necessary ammunition for a will contestant successfully to challenge a will.
How to create a (legal) hornet’s nest By Hon. E. Kenneth Wright, Jr. Bench and Bar, October 2012 Deutsche Bank v. Brewer involves service by publication in a Cook County foreclosure case.
How to obtain a “Zero Interest Letter” from Medicare in a wrongful death action By Scott D. Lane Tort Law, June 2012 A sample letter to assist Plaintiff’s counsel in obtaining a rapid response from Medicare and facilitate distribution of the proceeds recovered.
Human resources director allegedly makes admissions of discrimination and retaliation By Michael R. Lied Labor and Employment Law, March 2012 A summary of the recent case of Makowski v. SmithAmundsen LLC.
Hyperlinks not defamatory according to Supreme Court of Canada By Emir Aly Crowne & Arif A. Mahmood Intellectual Property, March 2012 The Supreme Court of Canada held hyperlinks to defamatory material is not “publication” of the material, but a neutral reference to the material’s existence without communicating or exerting control over the destination content, like a footnote. Crookes v. Newton, 2011 SCC 47. Freedom of expression and the information linking function of the Internet weighed against the application of a traditional publication rule.
I-9 Compliance: Information for employers By Scott D. Pollock International and Immigration Law, September 2012 Common questions and answers for employers dealing with Form I-9.
ICE Futures U.S. launches five new grain and oilseed futures products By Ann Hagerty Agricultural Law, May 2012 Intercontinental Exchange Inc. began offering futures and options in U.S. Corn, Wheat, Soybean, Soybean Meal and Soybean Oil on May 14th and 15th respectively.
IDOR Practitioners Meeting, February 3, 2012— Questions Submitted in Advance State and Local Taxation, March 2012 Questions and answers from the Illinois Department of Revenue Practitioners Meeting.
IDOT long-range state transportation plan By Jeffrey A. Mollet Agricultural Law, May 2012 On April 30, 2012, the Illinois Department of Transportation (IDOT) announced plans to update its Long-Range State Transportation Plan (Plan), all as required by the Federal Highway Administration and Federal Transit Administration.
Illinois Amazon law declared unconstitutional By Carolyn Sprinchorn State and Local Taxation, July 2012 A look at Performance Marketing Association, Inc. v. Hamer.
Illinois Appellate Court affirms preliminary injunction requiring American Airlines to allow ticket sales through Orbitz.Com: Travelport, LP v. American Airlines, Inc. By Sara Siegall Civil Practice and Procedure, June 2012 In Travelport, LP v. American Airlines, Inc., the court confirmed that, in a commercial case, plaintiff’s loss of reputation and goodwill can satisfy both the “irreparable harm” and “inadequate legal remedy at law” elements required for the entry of preliminary injunctive relief.
Illinois courts interpret Whistleblower claims By Michael R. Lied Labor and Employment Law, July 2012 Summaries of the cases of Brame v. City of North Chicago and Michael, et al. v. Precision Alliance Group, LLC.
Illinois debtor prisons By Bob Markoff Commercial Banking, Collections, and Bankruptcy, February 2012 The author has been a collection attorney in Illinois for 35 years specializing in enforcing judgments, and has never heard of any consumer sentenced to jail for not paying a bill. There are likely no consumers in an Illinois jail on such a charge. Then why all the media noise about debtor prisons?  
Illinois Employee Credit Privacy Act By Michael D. Gifford Labor and Employment Law, March 2012 Prior to the Act, which went into effect on January 1, 2011, it was increasingly common for employers to obtain credit reports on prospective employees on the theory that negative credit ratings could predict work place problems.
Illinois General Assembly cleans up business organization statutes By Scott M. Metzger Corporate Law Departments, November 2012 This article summarizes the changes to each statute affected by the Business Law Cleanup Bill to serve as a quick reference for businesses and their counsel.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, December 2012 Recent cases of interest to labor & employment law practitioners.
Illinois marital deduction and Q-TIP election available to civil unions By Ray Prather Trusts and Estates, November 2012 The interaction between federal and state law has made it difficult for Illinois to implement its law recognizing civil unions.
Illinois’ new independent Tax Tribunal—Implementation legislation enacted as July 1, 2013 start date approaches (Public Act 97-1129) By David J. Kupiec & Natalie M. Martin State and Local Taxation, December 2012 Public Act 97-1129 provides the much-needed tax tribunal operational framework, some of which is briefly described in this article.
Illinois Senate amends Bill SB3726 regarding media-recorded testimony By Madeline Moton Alternative Dispute Resolution, May 2012 An update on SB3726 regarding witnesses and their recorded testimony.
Illinois Senator Don Harmon repeals arbitration provisions By Madeline Moton Alternative Dispute Resolution, May 2012 The repeal eliminates a provision that requires the Illinois Supreme Court to evaluate the effectiveness of mandatory court-annexed arbitration and report the results of the evaluation to the General Assembly annually.
The Illinois Supreme Court establishes a Strategic Planning Committee to identify and meet the changing needs of the Illinois courts By Joseph Tybor & Hon. Alfred M. Swanson, Jr. Bench and Bar, October 2012 Chief Justice Thomas L. Kilbride and the Illinois Supreme Court have formed a long-range planning committee to serve as a “think tank” to better adapt Illinois courts to future trends in economic, technological, scientific and social changes.
Illinois Supreme Court puts Civil and Criminal Pattern Jury Instructions online By Joseph Tybor & Hon. Alfred M. Swanson, Jr. Bench and Bar, January 2012 The online publication of the Pattern Jury Instructions is the latest step in an initiative announced in June by the Chief Justice and the Supreme Court to move Illinois courts forward in the electronic age.
Illinois Supreme Court Rule adds unauthorized practice of law to the Attorney Registration and Disciplinary Commission’s responsibilities By William A. Price Administrative Law, January 2012 The Illinois Supreme Court has adopted amendments to its rules of practice (751 and 752(a) and 779, effective December 7, 2011. The new rules allow investigation and prosecution by the Attorney Registration and Disciplinary Commission of instances of unauthorized practice of law by disbarred or unregistered lawyers, and by other persons and organizations.