First Circuit finds FLSA motor carrier does not apply to intra-island transport within U.S. territoriesBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, August 2001The First Circuit Court of Appeals recently decided an interesting issue in Herman v. Nieves 2001 Fed. Car. Cases ¶84,180 (3/26/2001) regarding the application of overtime law provisions of the Fair Labor Standards Act, ("FLSA") to motor carriers who operate only within an island that is a United States' territory or possession
First circuit finds FLSA motor carrier does not apply to intra-island transport within U.S. territoriesBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, June 2001The First Circuit Court of Appeals recently decided an interesting issue in Herman v. Nieves 2001 Fed. Car. Cases ¶84,180 (3/26/2001) regarding the application of overtime law provisions of the Fair Labor Standards Act, ("FLSA") to motor carriers who operate only within an island that is a United States' territory or possession.
First District panel agrees: sometimes, less (costs) moreBy Phillip R. Van NessEnvironmental and Natural Resources Law, June 2001A recent opinion of the First District Appellate Court (Second Division) confirms that where contract law and environmental law combine, minimalist environmental remedies purchased at the cost of protracted delay may be disfavored.
First personBy Peg TannerGovernment Lawyers, March 2001Editor's note: In this issue, we introduce a new feature called "First person." In it, we will learn about the diverse practices of some of our government lawyers.
Footnote: USEPA reluctantly bows to Eighth Circuit Court of Appeals in Harmon “overfiling” caseBy Phillip R. Van NessEnvironmental and Natural Resources Law, January 2001Readers of this newsletter will recall earlier comments regarding a decision by the U.S. District Court for the Western District of Missouri (Smith, J.) in Harmon Industries, Inc. v. Browner, 19 F.Supp.2d 988 (W.D. Mo. 1998), which, inter alia, held that USEPA could not "overfile" where an authorized state had acted, unless it first took steps to pull that state's authorization.
Foreclosure defensesBy James E. BuchmillerCommercial Banking, Collections, and Bankruptcy, July 2001Sometimes there is an inclination to assume that if the basic note and mortgage are properly executed that there is no real defense to a real estate foreclosure.
Foreclosure defensesBy James E. BuchmillerGeneral Practice, Solo, and Small Firm, March 2001Sometimes there is an inclination to assume that if the basic note and mortgage are properly executed that there is no real defense to a real estate foreclosure.
The formal board vs. the advisory boardBy Charles W. MurdockBusiness and Securities Law, May 2001Many family businesses in recent years have recognized the value of having some sort of deliberative peer body to provide advice and guidance to management. In some companies that body takes the form of a legal board of directors--with a majority of independent outsiders chosen for their business experience and expertise.
Fractured talesFamily Law, November 2001Normally I suggest to my client to provide a copy of a photo of the spouse to the process server to insure prompt service.
Free Illinois casesIntellectual Property, February 2001Striving to meet the needs of members, ISBA expanded its free e-mail case law update service to 12,000 members.
Free ISBA case serviceIntellectual Property, December 2001Striving to meet the needs of members, ISBA expanded its free e-mail case law update service to 12,000 members.
From ink to e-sign: a conceptual history of the electronic signatureBy Aaron W. BrooksIntellectual Property, February 2001Amidst the Information Age and the electronic commerce revolution, it is a wonderful time to be a lawyer. Much like Thomas Augustus Watson receiving the first telephone communication in 1876, so too, we stand at the precipice of fundamental change.
From the chairBy Raquel G. MartinezGovernment Lawyers, October 2001Welcome to the newsletter devoted to the unsung heroes who serve government clients. Our numbers are significant and our unmet needs are great.
From the chairBy Kathryn BischoffChild Law, October 2001When I got "notice" from our newsletter editor that one of my responsibilities this year as chair of the section council was to write a column for each newsletter I was excited.
From the chairBy Ruth GudinoChild Law, June 2001This has been a very busy year for the section council. Juvenile Law is changing every day and we are diligently working on legislative issues, setting up our Internet Site, and cable programs.
From the chairBy Michael F. O’BrienHuman and Civil Rights, May 2001Internet technology has vastly enhanced the Human Rights Section Council's legislative review process.
From the chairBy Lynn PattonGovernment Lawyers, March 2001This edition of the newsletter of the Standing Committee on Government Lawyers reflects the diversity of the interests, goals, experiences and practice areas of the committee's constituency.
From the chairBy Michael F. O’BrienHuman and Civil Rights, January 2001The Human Rights Section Council has had two rather lively meetings this fall and winter.
From the chair’s cornerBusiness and Securities Law, December 2001I have been both honored and privileged to have been appointed as the current chair of the section council and to have served on the section council for a number of years.
From the co-editor, Mary Ann ConnellyState and Local Taxation, October 2001This newsletter contains an article on the payment of real property taxes by legal description in Cook County, Illinois.
From the editorBusiness and Securities Law, June 2001This is the last edition of the newsletter for the current year, and it has several articles that should be of interest to the readers.
From the editorBusiness and Securities Law, May 2001This edition of the newsletter has several interesting articles, including an article by Steven Kowal that outlines some of the issues to review with clients before they are surprised by an unannounced interview by a government official.
From the editorBusiness and Securities Law, April 2001This edition of the newsletter has several interesting articles, including an update on this year's changes to the Illinois Securities Law from David Finnigan and Cheryl Goss Weiss, both of whom are senior counsel with the Illinois Department of Securities.
From the editorBy David E. DoyleBusiness and Securities Law, January 2001This edition of the newsletter has several interesting articles, including an article from Ken Buzbee, the Director of the Illinois Secretary of State's Department of Business Services
From the editorsTrusts and Estates, November 2001Several contributors have provided insights into various areas of our practice. Shannon DeLaMar discusses some of the circumstances in which a fiduciary relationship may be formed by a reposition of trust.
From the editorsState and Local Taxation, September 2001This newsletter contains an article on the history of tax caps in Illinois. This article originally appeared in the July 2001 issue of the Illinois Tax Facts, published by the Taxpayers' Federation of Illinois, Springfield, Illinois.
From the editorsTrusts and Estates, June 2001We begin with a feature article from Jay Goldenberg on various uses of the irrevocable insurance trust.
From the editorsState and Local Taxation, April 2001The State and Local Taxation Section has developed a list of useful Web sites to assist you in your daily practice of state and local tax law.
From the editorsTrusts and Estates, February 2001This issue includes a couple of thought provoking articles.