Section Newsletters

Articles From 1999

Employee benefits due diligence checklist— Document request list Employee Benefits, May 1999 The purpose of this document request list is to provide a general overview of the employee benefits due diligence that should be reviewed in the course of a transaction.
Employer to pay §5(b) attorney fees in employee’s tort action against third party By Bernard Wysocki & Diane B. Curtis General Practice, Solo, and Small Firm, February 1999 The Illinois Supreme Court held employer obligated to pay full amount of plaintiff's attorney fees pursuant to §5(b) unreduced by amount employer obligated to pay in contribution in a third-party tort action.
Ending the free ride: Why states should make prisoners pay for their stay By T. Markus Funk Criminal Justice, October 1999 It is a popular fiction to say that a criminal released from prison has "paid off" his debt to society.
Enforceability of loan documents executed by a dissolved corporation By Karen A. White Commercial Banking, Collections, and Bankruptcy, January 1999 While certainly many, if not all, lenders have set procedures to follow when lending money to a corporation which includes obtaining a Certificate of Good Standing, what happens if the procedure is not followed and a loan is given to a dissolved corporation?
Estate and gift tax update By Alfred Sanders Federal Taxation, June 1999 In the past when multiple interests in the same asset have been included in a decedent's gross estate the multiple interests have been aggregated in order to determine their value.
Estate, gift and GST tax reform: The “Taxpayer Refund and Relief Act of 1999” By David A. Berek Trusts and Estates, September 1999 The "Taxpayer Refund and Relief Act of 1999" (hereinafter the "Act") was approved by both houses of Congress on August 5th, 1999.
Estate planning for retirement benefits (with Resource List) By Robert H. Louis General Practice, Solo, and Small Firm, January 1999 In the 20-plus years since the enactment of the Employee Retirement Income Security Act, 29 U.S.C. §1001 et seq. ("ERISA"), the level of assets in pension and profit-sharing plans and individual retirement accounts has risen steadily.
Estate tax malpractice—PART I By Robert Feinschreiber & Margaret Ken Trusts and Estates, October 1999 Executors are increasingly willing to pursue malpractice claims against estate tax professionals, as witnessed by two recent cases, Stevenson v. Severs, 82 AFTR2d. Par. 98-6912 (D.C. 1998), and Johnson v. Sandler, Balkin, Hellman & Weinstein, 958 S.W.2d 42 (Mo.App.1998).
Estate tax malpractice—PART II By Robert Feinschreiber & Margaret Kent Trusts and Estates, November 1999 The diversity of malpractice claims includes loss of the marital deduction, loss of the alternative valuation option, loss of "less than fair value" valuation, failure of life insurance trusts, inadequacy of disclaimers, late payments, erroneous tax returns, inheritance tax returns, misapplied Clifford trusts, misuse of QTIP trusts, erroneous fiduciary income tax returns, and the like.
Even wills written before the marriage are revoked by the “revocation by divorce” provision of the probate code! By Steven L. Nordquist General Practice, Solo, and Small Firm, October 1999 Once upon a time, a man was in love with a woman.
Ex-Im bank: Access to trade finance By Paul Dubrin Commercial Banking, Collections, and Bankruptcy, October 1999 Exporting is a fundamental part of doing business for growing numbers of U.S. companies.
Ex-Im bank: Access to trade finance By Paul Durbin International and Immigration Law, September 1999 Exporting is a fundamental part of doing business for growing numbers of US companies.
Excerpts of minutes of section council meetings State and Local Taxation, February 1999 The new officers of the section council were introduced. The new officers were: Sean Fitzgerald (chairman), Joanne Elliott (vice chairman), and Stanley Kaminski (secretary).
Excess insurance: in general Insurance Law, October 1999 Alan Little sustained fatal injuries while at work at an iron-making facility in Granite City, Illinois when he was run over by a dump truck owned and operated by St. Louis Slag Products Company.
Exclusions: automobile business Insurance Law, January 1999 Automobile business exclusion precluded coverage under car wash customer's automobile policy for accident caused by employee of car wash.
Exclusions: business activities Insurance Law, June 1999 Day care service provided by insured to friend's children held to be excluded "business activity" under renter's liability policy.
Exclusions: employee Insurance Law, October 1999 Uncompensated friend of insured not employee for purposes of employee injury exclusion.
Exclusions: employee Insurance Law, January 1999 Employee exclusion did not preclude coverage for claim against son of employee of the named insured.
Exclusions: family member Insurance Law, March 1999 Partial abrogation of parent-child immunity does not invalidate household exclusion in automobile policy.
Exclusions: named insured’s work Insurance Law, June 1999 Coverage excluded under CGL policy for property damage to swimming pool arising out of insured's painting and maintenance work on pool.
Exclusions: sexual assault Insurance Law, March 1999 Insurer had no duty to defend or indemnify where allegations of complaint unambiguously established that insured participated in the physical abuse of a minor.
Executive Summary: Chicago Metropolis 2020—Preparing Metropolitan Chicago for the 21st century By Elmer W. Johnson Environmental and Natural Resources Law, May 1999 The recommendations are driven by a dream of what our region can become and are built on a common interest that crosses municipal boundaries.
Family law bytes Family Law, May 1999 Also online are public acts and bills: http://www.legis.state.il.us/publicacts/publicacts.html and http://www.legis.state.il.us/legisnet/legismain.html
Family law bytes By David N. Schaffer Family Law, March 1999 The following is a list of some helpful Web sites prepared for us by David Schaffer.
Family law update By John H. Maville General Practice, Solo, and Small Firm, November 1999 In IRMO Mathias, 304 Ill.App.3d 326, 237 Ill.Dec.525, 709 N.E.2d 994, we are reminded that §510(a) limits retroactive modification of child support to only those installments accruing after the date of filing of the petition for modification.
Family Law Update By John H. Maville General Practice, Solo, and Small Firm, March 1999 Effective June 30, 1998, Public Act 90-608 amended several sections of the Children and Family Services Act, the Juvenile Court Act of 1987, and other provisions.
Family law update By John H. Maville General Practice, Solo, and Small Firm, February 1999 IMDMA § 503 has been amended, effective 7/1/99, by adding paragraph (2) to subsection (f) to provide that all pension benefits (including those under the Illinois Pension Code) acquired by either spouse after the marriage and before dissolution are presumed to be marital property. (P.A. 90-731)
Fast track at last for LLCs and LPs in Illinois By Robert J. Wilson, Jr. Business and Securities Law, June 1999 Practitioners engaged in representing limited liability companies and limited partnerships in Illinois will welcome two recently adopted amendments the Illinois Limited Liability Company Act, as amended (the "LLC Act") and the Revised Uniform Limited Partnership Act of 1986, as amended of the state of Illinois ("RULPA").
The fate of summary judgment and discovery in ERISA benefit-claim litigation: Wilkins v. Baptist Healthcare Systems, Inc., 150 F.3d 609 (6th Cir. 1998) By Mark A. Casciari & Ian H. Morrison Employee Benefits, September 1999 Departing from years of accepted practice, the United States Court of Appeals for the Sixth Circuit in Wilkins v. Baptist Healthcare Systems, Inc., 150 F.3d 609 (6th Cir. 1998), rejected summary judgment as a procedural device for adjudicating ERISA § 502(a)(1)(B) claims for benefits.
Federal income taxes in bankruptcy By John B. Truskowski Commercial Banking, Collections, and Bankruptcy, February 1999 How federal income taxes are handled in bankruptcy is unclear to most practitioners, including those concentrating in taxation, who do not practice in the bankruptcy area