Section Newsletters

Articles From 2001

Employer size—it really does matter: counseling the small business client Corporate Law Departments, June 2001 Over the last quarter century, the "law of the workplace" has grown tremendously. Laws have been enacted at virtually every level of government--federal, state, county and municipal--protecting the rights of employees.
Employer size—it really does matter: counseling the small business client By Richard L. Samson & Alan A. Satyr Law Office Management and Economics, Standing Committee on, March 2001 Over the last quarter century, the "law of the workplace" has grown tremendously.
Employment law update By Donald R. Tracy & Catherine A. DeGenova-Carter Labor and Employment Law, February 2001 1. Sinkler v. Mid-West Property Management, 209 F.3d 678 (7th Cir. 2000). The Seventh Circuit held that an individual's driving phobia was not sufficiently limiting to qualify as a disability.
Environmental insurance rescues the “lawsuit from hell” By Frederick S. Mueller Environmental and Natural Resources Law, June 2001 Following passage of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) in 1980, a prospective buyer (Buyer) of industrial property may have retained an environmental consulting firm to perform a "due diligence" investigation at the seller's (Seller) property.
Equitable and “conventional” subrogation in Illinois By John C. Murray Real Estate Law, April 2001 Whenever a title insurer pays a claim, it will ask the claims handler to consider possibilities for recovery from someone who may have been unjustly enriched.
The Essential Formbook, Volume II, a review By Frank M. Grenard Corporate Law Departments, October 2001 Although it is billed as a "tool for lawyers," the second volume in the series prepared under the auspices of the American Bar Association's Law Practice Management Section would be better marketed to office administrators and advocates for changes in billing structures.
Establishing a protectable interest: forward thinking for clients that use restrictive covenants By David M. Rownd Civil Practice and Procedure, September 2001 One of the worst nightmares for any business is to discover that a trusted employee has decided to leave and begin competing against it armed with its proprietary information and established relationships with its customers.
Establishing a protectable interest: forward thinking for clients that use restrictive covenants By David M. Rowd Business and Securities Law, April 2001 One of the worst nightmares for any business is to discover that a trusted employee has decided to leave and begin competing against it armed with its proprietary information and established relationships with its customers.
Establishing teen courts in local communities By Cindy Nelson Child Law, October 2001 Diverting first time youth offenders to teen court can provide a number of benefits to the community which utilizes such a system.
Estate and gift tax update By David R. Reid Federal Taxation, March 2001 The estate and gift tax area is at a crossroad. President Bush has promised to repeal "the death tax."
Estate tax repeal By Robert J. Krupp Federal Taxation, October 2001 Has the estate tax been repealed? It depends on what your definition of "repeal" is.
Ethics corner By Rosalyn B. Kaplan & Susan Cox Government Lawyers, October 2001 In re Schaaf, No. M.R. 17387 (March 23, 2001). Respondent, who was licensed to practice law in Illinois in 1994, began working as a part-time assistant state's attorney in Jersey County, while he was also engaged in private practice; he was hired as a full-time assistant state's attorney in April 1999.
Ethics corner By Nancy J. Katz Government Lawyers, March 2001 In the last issue of our newsletter, the Ethics corner included the first installment of a digest of ISBA ethics opinions of interest to government lawyers.
European incentives—don’t take them for granted Part II of II By Elias S. van Herwaarden Corporate Law Departments, November 2001 Unlike the U.S., the European Union (EU) sets strict regulations on what type, how much and where incentives can be offered.
European incentives—seek and you shall find them Part I of II By Elias S. van Herwaarden Corporate Law Departments, November 2001 Today's combination of Europe's relatively weak currency and strong economic performance has put the "Old World" on the agenda for many U.S. corporations.
Excess insurance: the unique duties arising out of an excess policy By John D. Dalton & Ross D. Roloff Insurance Law, April 2001 Excess carriers often become involved in litigation at a very late stage. As a result, they are sometimes excluded from important strategic decisions, especially regarding settlement.
Exhaustion of issues in agency hearings By Leon Fox Administrative Law, March 2001 We are all familiar with the doctrine of exhaustion of administrative remedies before judicial review is permitted.
Expert witnesses cannot testify to standard of conduct in a fiduciary duty case By Michael R. Lied Labor and Employment Law, November 2001 LID Associates, et al. v. Charles F. Dolan, et al., 2001 Ill. App. LEXIS 683 (1st Dist. Aug. 30, 2001), involved claims by a number of limited partner investors in Cablevision of Chicago against general partner, Charles F. Dolen and Cablevisions Systems Services Corporation for breach of fiduciary duty involving three financing transactions.
Expert? I don’t need no stinking expert! Lay opinion testimony Civil Practice and Procedure, June 2001 The prohibition against opinion testimony by lay witnesses on ultimate issues has been relaxed.
Family law bytes By Roza Gossage Family Law, January 2001 The technology committee of the Family Law Section, in its efforts to make you actually use your computer and the Internet, will be providing sites that may be of help in your family law cases as well as suggestions for programs you may want to explore.
Federal taxation of real property by foreign corporations under the Foreign Investment in Real Property Act (“FIRPTA”) By Alexander Olsansky Corporate Law Departments, April 2001 Until the passage of the Foreign Investment in Real Property Tax Act of 1980 or "FIRPTA," a foreign investor disposing of United States real property was only subject to the jurisdiction of the United States tax laws if the related gain or loss was effectively connected to a U.S. trade or business.
The Federal Trade Commission’s antitrust enforcement agenda By Alden F. Abbott December 2001 In the wake of Timothy Muris's confirmation as FTC Chairman, much press speculation centered on whether the Federal Trade Commission would adopt a much narrower, more restrictive approach to antitrust enforcement.
A fiduciary relationship may exist based on a reposition of trust By Shannon DeLaMar Trusts and Estates, November 2001 Is a fiduciary relationship created only when the ink dries on a power of attorney or upon the filing of an acceptance of the office of executor?
The Fifth Circuit finds the MCS-90 endorsement does not preempt state insurance law By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The U.S. Court of Appeals for the Fifth Circuit recently decided several important issues concerning an insurer's duty to defend and the MCS-90 insurance endorsement in T.H.E. Insurance Co. v Larsen Intermodal Services, Inc. 2001 Fed. Car. Cases ¶84,179 (5th Cir., decided 3/2/2001).
The fifth circuit finds the MCS-90 endorsement does not preempt state insurance law By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The U.S. Court of Appeals for the Fifth Circuit recently decided several important issues concerning an insurer's duty to defend and the MCS-90 insurance endorsement in T.H.E. Insurance Co. v Larsen Intermodal Services, Inc. 2001 Fed. Car. Cases ¶84,179 (5th Cir., decided 3/2/2001).
Fifth Circuit holds that a demand letter constitutes “other paper” for purposes of 28 USC § 1446(b) which requires defendant to remove to federal court on the basis of diversity jurisdiction within 30 days of receiving the letter By Michael Todd Scott Corporate Law Departments, January 2001 In Addo v. Globe Life and Accident Ins. Co., No. 99-60277 (5th Cir., Oct. 16, 2000), the Fifth Circuit addressed the issue of whether removal was timely after the defendant received a letter after the case was filed indicating that the plaintiff would seek damages exceeding $75,000.
Fifth District Appellate Court voids physician-employee noncompetes on public policy grounds By William LLynch Schaller Labor and Employment Law, February 2001 One of the peculiarities of Illinois employee noncompete law is its treatment of physician employees.
Finally—jurisdiction on reviewing a PTAB decision State and Local Taxation, June 2001 As a matter or protecting your client's interests, the most important concept in administrative review of property tax cases dealing with assessed value is jurisdiction.
FinAlyst … a powerful money management utility By Alan Pearlman Law Office Management and Economics, Standing Committee on, August 2001 Every now and then, a program comes along that makes working with money and management a little easier on our everyday lives.
Financial identity theft By Philip R. Viktora Business Advice and Financial Planning, June 2001 On August 13, 1999 Illinois enacted the "Financial Identity Theft and Asset Forfeiture Law."