Reflections From the Trenches of a New Law FirmBy Steven L. BaronIntellectual Property, December 2020A lawyer reflects on why and how to start a law firm after practicing law for 30 years with other law firms.
Regarding Litigants and FacebookBy Gary L. SchlesingerCivil Practice and Procedure, July 2020A look at the issues that arise when judges have litigants or lawyers who appear before them as friends on Facebook.
Reimbursement Revisited: Teleworking Costs in the Age Of COVID-19By Christopher Hennessy & Jeremy GlennLabor and Employment Law, May 2020Given the unprecedented surge in teleworking, further discussion is warranted in an effort to predict how Illinois courts may interpret the Wage Payment and Collection Act when evaluating reimbursement of potential costs associated with teleworking.
RelocationBy Erin WilsonFamily Law, April 2020In In Re Marriage of Collingbourne, the Illinois Supreme Court further developed the five factors to balance in removal cases set forth in In re Marriage of Eckert.
Reminder: Courts ‘Do Not Serve as a Safety Net for Bad Choices”By Ronald D. Menna, Jr.Civil Practice and Procedure, December 2020In Doe v. Parrillo, the appellate court examined the consequences of a defendant’s and his attorneys’ refusal to attend and participate in the jury trial.
Residential Parent Designation Ramifications Under the School CodeBy Fiona A. McCormick & Katherine A. McCollumFamily Law, June 2020Putting together an allocation of parental responsibilities judgment takes a lot of time and consideration on the part of the attorneys and the clients.
Restoration of Gun Rights After Domestic Battery ConvictionBy James SternCriminal Justice, August 2020A summary of Johnson v. State Police, in which a Firearm Owner’s Identification card was revoked under the Firearm Owners Identification Card Act (430 ILCS 65/8(n) due to a conviction for a misdemeanor involving domestic violence.
Restrictive Covenant Rules in the Real WorldBy Joe SouligneCivil Practice and Procedure, August 2020Although the law regarding restrictive covenants is often considered well settled, such contractual clauses can still lead to many fundamental disagreements as to their enforceability, especially where commercial interests are concerned.
The Right of Confrontation: A Concept for the AgesBy Hon. Jesse G. ReyesBench and Bar, June 2020With non-traditional avenues of providing justice on the rise, the question then becomes: Can trials be constitutionally conducted over remote video conferencing platforms where the participants will not be face-to-face?
‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court?By Jeffrey A. MolletReal Estate Law, October 2020Presently, there are a multitude of “right to farm” state court decisions on the books—and Indiana's right to farm statute could be headed to the United States Supreme Court.
‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court?By Jeffrey A. MolletAgricultural Law, September 2020Presently, there are a multitude of “right to farm” state court decisions on the books—and Indiana's right to farm statute could be headed to the United States Supreme Court.
The Right to Setoff in Bankruptcy: Debtors vs. Farm Service AgencyBy Jeffrey A. MolletAgricultural Law, June 2020An interesting issue as to the right of setoff, or lack thereof, was recently addressed in a farm bankruptcy dispute between husband and wife debtors and the Farm Service Agency.
The Rule of Capture: Pennsylvania DecisionBy Craig R. HedinMineral Law, March 2020The Pennsylvania Supreme Court recently overturned the appellate court's decision in Briggs v. Southwestern Energy Production Co.
Saccameno v. Ocwen Loan Servicing, LLC: Punitive Damages Awarded When Business Ignores Its Own DatabaseBy Connor Q. Hollander & Prof. Charles W. MurdockBusiness and Securities Law, June 2020In Saccameno v. Ocwen Loan Servicing, LLC, the court affirmed a jury verdict of punitive damages for violating the Illinois Consumer Fraud and Deceptive Business Practices Act based on Illinois’ corporate complicity doctrine.
Save Judicial Resources: Eliminate Orders for Alias SummonsBy Robert G. Markoff & Steven A. MarkoffCommercial Banking, Collections, and Bankruptcy, June 2020Judges 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 RespondentBy Robert G. MarkoffCommercial Banking, Collections, and Bankruptcy, February 2020Supreme Court Rule 277 imposes a major limitation on the number of citations to discover assets that may be issued to one party.
Second District Confirms That Receiver Certificates May Prime Prior LiensBy James M. Dash & Steven D. MroczkowskiConstruction Law, December 2020The appellate court recently held in REEF-PCG, LLC v. 747 Properties, LLC that debt certificates issued by a court-appointed receiver for the cost of completing construction of improvements may be entitled to a lien against the subject property that has priority over earlier liens.
Second District Confirms That Receiver Certificates May Prime Prior LiensBy James M. Dash & Steven D. MroczkowskiCommercial Banking, Collections, and Bankruptcy, October 2020The appellate court recently held in REEF-PCG, LLC v. 747 Properties, LLC that debt certificates issued by a court-appointed receiver for the cost of completing construction of improvements may be entitled to a lien against the subject property that has priority over earlier liens.
The SECURE Act – Congress Just Moved the GoalpostsBy Patrick D. OwensTrusts and Estates, May 2020An overview of some of the major provisions of the Setting Each Community Up for Retirement Enhancement Act, which passed Congress in December and became effective January 1, 2020.