Quick Takes on Illinois Supreme Court Opinions Issued Thursday, May 24

Posted on May 24, 2018 by Rhys Saunders

The Illinois Supreme Court handed down three opinions on Thursday, May 24. The court upheld the constitutionality of the Vehicle Code’s definition of "low-speed gas bicycle" in People v. Plank, considered the application of the officer suit exception to sovereign immunity in Parmar v. Madigan, and determined whether statutory changes apply retroactively to two Freedom of Information Act requests in Perry v. Department of Financial and Professional Regulation.

U.S. Attorney's Office Seeks Assistant U.S. Attorney

Posted on May 24, 2018 by Rhys Saunders

The U.S. Attorney's Office Central District of Illinois is accepting applications for an assistant United States attorney opening in its Criminal Division.

Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least three years post-J.D. legal experience. U.S. citizenship is required.

Preferred qualifications: At least five years post-J.D. legal or other relevant experience, strong advocacy skills, academic credentials, superior legal research and writing skills, quick analytical ability to accurately and precisely articulate critical case-related issues, criminal prosecutorial courtroom experience, good interpersonal skills, the ability to work in a supportive and professional team environment with client agencies, support staff, and other attorneys, and a demonstrated instances of sound legal and ethical judgment.

CLE: Gain the Edge! Negotiation Strategies for Lawyers

Posted on May 23, 2018 by Rhys Saunders

You negotiate every day. In fact, your ability to effectively negotiate may be the most critical skill you possess, yet most negotiate instinctively or intuitively. This Master Series seminar trains you to approach negotiations with a strategic mindset, allowing you to become a more effective lawyer. And make no mistake – no matter how much you’ve negotiated, you can still learn. Adding that one new tactic may be the difference between winning and walking away empty-handed. Topics include: the golden rules of negotiation; gaining leverage with alternatives; using objective criteria and timing to your advantage; techniques for gathering information; generating creative solutions; dealing with "negotiation games;" and ethical considerations.

Law Firm Financial Management: Using Credit Line to Purchase Equipment

Posted on May 23, 2018 by Rhys Saunders

Asked and Answered 

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the financial partner with our 16-attorney firm in Indianapolis. The firm has had a rough couple of years. We had several partners leave the firm and they took several corporate clients with them. Unfortunately, this was consistent retainer and time bill work. While we still have some retainer and time bill corporate work, a much larger mix of our work is now contingency fee work. As a result, we have had some cash flow challenges and for the first three months of this year there was no money to pay partner draws. We have a credit line with the bank of $125,000 that we have not used. We only use our credit line for long-term equipment purchases. We would appreciate any suggestions that you have.

The Anatomy of a Mechanics Lien Claim

Presented by the ISBA Construction Law Section
Co-Sponsored by the ISBA Real Estate Law Section, Circuit Court of Cook County,  and the Society of Illinois Construction Attorneys


6.0 hours MCLE Credit

Original Program Date:
Wednesday, May 9, 2018
MCLE Accreditation Extension Period: ­­­­­­­March 21st, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)

Join your fellow colleagues and local judges for an in-depth look at the nuts and bolts of a mechanics lien claim!

Learn what it takes to prosecute liens on private and public projects and avoid common pitfalls encountered with claims under the Illinois Mechanics Lien Act. Attorneys practicing construction, real estate, and general civil litigation with basic to intermediate practice experience who attend this seminar will better understand:
  • The necessary information to gather when preparing your case;
  • The basic theory behind mechanics lien claims;
  • Lienable work and services, quantum merit, and unjust enrichment;
  • How to prepare, file, and serve notices and claims for lien;
  • The range of remedies available;
  • How to prepare pleadings for liens against private property, other liens, and bond actions; and;
  • Much more!

Program Coordinator/Moderator:
Howard M. Turner, Nigro Westfall & Gryska, P.C., Glendale Heights


Avoiding Mistakes that Can Get You into Trouble
Learn which mistakes to avoid during your next case with this informative segment. Topics include:
gathering information from useful sources and your client; contract terms; billable work; work that’s included in the claim; the amount of claim records of work done; and identifying the parties to your client’s contract.
Hon. Lisa R. Curcio (Ret.), ADR Systems, Chicago

Basic Theory: An Overview
What is a contract express or implied, and what kind of relationship can create a lien? Who is a contractor and who is a subcontractor? What is the difference and why does it matter? What are lienable services? This presentation offers answers to these questions and more.
Adam B. Whiteman, Whiteman Borden, LLC, Chicago

Improvements and Lienable Work and Services
This presentation offers a deeper discussion of lienable work, including what lienable services and extra work are, and whether there are liens for quantum meruit and unjust enrichment (and if so, when).
Samuel H. Levine, Bryce Downey & Lenkov LLC, Chicago

A Judicial Perspective
Hon. Clifford L. Meacham (Ret.), ADR Systems, Chicago
Hon. Robert J. Quinn (Ret.), ADR Systems, Chicago


Preparing, Serving and Filing Notices and Claims
This segment shows you how to prepare, serve, and file notices and claims. Topics include: Section 24 and 25 Notices; Section 7 Claims for Lien; owner occupied residential property Section 21 and 5 Notices; public lien notices; and bond claim notices.
Matthew J. Gardner, Robbins Schwartz, Chicago

Pleadings: Other Lien and Bond Actions
Get the information you need regarding Section 30 lawsuits; liens on public funds; and statutory bond suits. Topics include: necessary allegations and prayer for relief; time and place for suit; service of summons; form of action; and more.
Stanley N. Wasser, Feldman Wasser, Springfield

Pleadings: Liens against Private Property
Join us for a discussion on the preparation of a complaint to foreclose a lien on private property; how to prepare a Section 28 joint action complaint; how to include other claims arising out of the transaction in the suit; and the risks of res judicata.
James M. Dash, Carlson Dash, LLC, Chicago

General Description of Different Kinds of Remedies
This presentation offers an in-depth look at the different kinds of remedies available in your next mechanics lien case. Topics include: suits to foreclose mechanics liens on private property; Section 28 joint action; mechanics liens on money due to the contractor for public projects; and claims against statutory and non-statutory bonds.
David T. Arena,
Dimonte & Lizak, LLC, Park Ridge

Sixteen New Associate Judges Appointed in Cook County

Posted on May 21, 2018 by Rhys Saunders

The names of 16 new associate judges, selected in a vote of Cook County Circuit Court judges, were announced today by Marcia M. Meis, director of the Administrative Office of the Illinois Courts. With respect to the 17th vacancy, a tie prevents a winner from being declared. As such, a runoff is necessary.

Pursuant to Supreme Court Rule 39, "[where] a tie prevents a winner from being declared, reballoting shall proceed in the manner provided above for the first balloting except that ballots shall include only the names of those candidates whose tied voted prevented a winner from being declared." Consistent with the rule, the following candidates will be placed on the runoff ballot:

  • Levander Smith Jr. 
  • James Adolph Wright

Ballots listing the names of 34 finalists, chosen from 272 candidates, were distributed to 252 circuit judges. Ballots were due May 16, 2018.

The Law of Consignments: How Selling Goods for Others Works - A National Perspective

Presented by the ISBA


1.0 hours MCLE credit


Original Program Date: March 22, 2022
MCLE Accreditation Extension Period: ­­­­­­­May 9, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)

In a consignment, a client, the consignor, ships or transfers control of goods to a seller, the consignee, who agrees to market the property and pay over some portion of the sales proceeds to the consignor. The arrangement involves a network of complex rights and obligations among the parties. There are also substantial and often overlooked risks, including that the consignee’s creditors may seek to claim a security interest in the consigned property. If these risks are not properly understood and remedies not carefully considered, the consignor is at substantia risk of loss. This program will provide you to the law of consignments, the substantial UCC Article 9 issues and risks involved, and provide practical tips for drafting effective consignment agreements.
  • Structure of common consignment transactions
  • Parties, rights and obligations – consignor as creditor, consignee as debtor, creditors
  • Risks of loss to consignor and how it can protect itself against consignee’s creditors
  • Consignor remedies for consignee breach
  • Law of consignments and relationship to secured finance
  • Circumstances when UCC Article 9 does not apply to consignments


Speaker:

Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property. He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities. Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee. Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.