Articles From 2001 | Illinois State Bar Association

Letter from the co-editors Corporate Law Departments, July 2001 Welcome to the first issue of The Corporate Lawyer for the 2001-2002 bar year. Another year has come and gone, but some things are staying the same.

Letter from the editor Corporate Law Departments, June 2001 We are still looking for readers who would like to contribute articles for publication.

Letter from the editor Corporate Law Departments, May 2001 We are still looking for readers who would like to contribute articles for publication. This is a great opportunity for our members to get involved in the ISBA and specifically the Corporate Law Departments section.

Letter from the editor Corporate Law Departments, April 2001 We are still looking for readers who would like to contribute articles for publication.

Letter from the editor Corporate Law Departments, March 2001 As the new co-editor of The Corporate Lawyer, let me say from the beginning that it is a privilege to be part of such an outstanding newsletter.

Letter from the editor Corporate Law Departments, February 2001 Welcome to the February 2001 edition of The Corporate Lawyer. I would like to announce some exciting news: Alex Olsansky, in-house counsel for Edward Hines Lumber Company, has agreed to serve with me as co-editor of The Corporate Lawyer.

Letter from the editor Corporate Law Departments, January 2001 We are still looking for readers who would like to contribute articles for publication. This is a great opportunity for our members to get involved in the ISBA and specifically the Corporate Law Departments Section.

Letter from the editors Corporate Law Departments, November 2001 In these less-than-certain economic times, most companies are being forced to aggressively employ strategies designed to increase cash flow, net income and shareholder value.

Letter from the editors Women and the Law, October 2001 Two recent decisions from the Seventh Circuit highlight our news report this month. In the first report, Sharon Eiseman describes a Seventh Circuit decision that struck down Cook County's set-aside program for women and minority-owned business enterprises.

Letter to fellow Administrative Law Section members By Robert John Kane Administrative Law, October 2001 My association with this section began in 1985 barely a year after passing the bar examination.

Letter to the ISBA Employee Benefits Section By Kathryn J. Kennedy Employee Benefits, October 2001 One of the goals of last year's Chair of the Employee Benefits Section Council, Brian Wydajewski, was to initiate a mentoring program between our state's seasoned employee benefits practitioners and our newest recruits to the ranks of employee benefits law.

LEXISONE Legal Technology, Standing Committee on, June 2001 After settling its litigation with Jurisline, Lexis created a new Web site called LexisOne.

Liability for animal inflicted injury under the Illinois Animal Control Act—what happened to assumption of risk? By Hank Hanna Agricultural Law, May 2001 At common law an animal owner's primary defense against liability for personal injury caused by an animal was lack of knowledge--a scienter rule.

Liability waivers/releases: when are they enforceable? By Steven R. McMannon & Ana M. McNamara Civil Practice and Procedure, March 2001 This fall my eight-year-old daughter participated in gymnastics, ballet and soccer. She also took Tae Kwon Do and swimming lessons.

Life in the hereafter: new subrogation ruling may create conflict of interest problems over common fund recoveries By Matt Maloney General Practice, Solo, and Small Firm, June 2001 All lawyers are trained to rely on stare decisis. Without it, how could we predict the future without looking at the past?

Lifetime settlements on life insurance policies By Tom Hansen Business Advice and Financial Planning, June 2001 More than one out of five life policies insuring a senior citizen (65 years or older) have a fair market value that exceeds the policy's cash surrender value.

Limited liability companies: a summary By Lin Hanson Corporate Law Departments, August 2001 The Accounting and Legal Professions, and the Business Community have begun to notice and use Limited Liability Companies.

Liquidated damages: you can’t have your cake and eat it too By Mark G. Hanley & Mark C. Zimmerman Real Estate Law, May 2001 Illinois real estate attorneys are well acquainted with liquidated damages clauses.

List of top investment scams released By Lee Beneze Elder Law, June 2001 The top ten list of investment scams as compiled by the North American Securities Administrators Association (NASAA) was recently released by that organization.

Local government Web sites and the First Amendment By David J. Fish Local Government Law, November 2001 Many local governmental bodies now have excellent Web sites that are the equivalent of a virtual village hall. Residents can download permit applications, obtain information about public officials, and even access local ordinances.

Major brokerage firms propose hollow solutions for research analyst conflict of interests By Andrew J. Stoltmann & Thomas A. Hargett Business and Securities Law, December 2001 In the last three months, brokerage firm research departments have come under intense scrutiny for alleged undisclosed conflict of interests.

Major court decisions By Kulmeet S. Galhotra Child Law, June 2001 In an unanimous opinion released in May of this year, the Illinois Supreme delivered the latest pronouncement on the topic of environment injurious in the case of In re N.B., 191 Ill.2d 388, 730 N.E.2d 1086, 246 Ill.Dec. 621 (2000).

Major court decisions By Kulmeet S. Galhotra Child Law, March 2001 The biggest juvenile delinquency case to come down in the recent past is a case that is also helpful to criminal defense lawyers.

Making “safe” the manufacturer’s hazard and safety risk analysis—steps a manufacturer can take to assure that product safety reviews do not themselves create liability By Gregory G. Thiess Corporate Law Departments, June 2001 Many industries and manufacturers today have begun to employ so-called "risk assessment" procedures or models into their day-to-day product design and development processes.

Marty Castro Creates Footsteps Worth Following By Javier Zamora Young Lawyers Division, December 2001 As a successful attorney, leader, and inspiration to young and seasoned lawyers alike, Martin R. Castro ("Marty") has had an appreciable impact on others and his community.

Material changes in Illinois’ Uniform Commercial Code—secured transactions By Ted M. Niemann Real Estate Law, October 2001 Currently, the legislatures of the majority of the states, including Illinois', have passed major changes to Article 9 of the Uniform Commercial Code. Illinois' revisions became effective July 1, 2001.

Mediation in matrimonial matters Alternative Dispute Resolution, May 2001 Question: May an attorney engaged in matrimonial mediation draft file a separation agreement and divorce papers that incorporate terms agreed upon by the marital parties in the course of the mediation?

The medical malpractice health professional’s report By Laura Caldwell Young Lawyers Division, January 2001 Section 2-622 of the Illinois Code of Civil Procedure provides that the plaintiff's attorney in any medical malpractice action must attach to her complaint both an affidavit certifying that she consulted with a qualified health care professional who believes there is a reasonable and meritorious cause for the filing of the case and a copy of that health professional's written report setting forth the reasons for his determination. 735 ILCS 5/2-622 (West 1999).

Meet the new supreme court justices Bench and Bar, April 2001 Justice Fitzgerald is a graduate of Loyola University. He received his LL.B. from John Marshall in 1968 and his J.D. cum laude in 1970.

Memorandum: jury verdict in job-bias testers case By Douglas A. Darch Human and Civil Rights, January 2001 The use of job-bias testers was dealt a major set-back this September when a federal jury in Chicago returned a verdict for the employer in the first testers case to proceed to trial, Kyles v. J K Guardian Security Services.