Section Newsletters

Articles From 2002

Recent Seventh Circuit decisions of interest By Joseph G. Bisceglia & Nada Djordjevic Federal Civil Practice, November 2002 In Southern Illinois Riverboat Casino Cruises, Inc. v. Triangle Insulation and Sheet Metal Co., 302 F.3d 667 (7th Cir. 2002), the owner of a casino vessel sued the seller of a maritime sealant for negligence and breach of express or implied warranty.
Recent trends in M&A activity—an increasingly hostile environment By Joseph H. Kye & Dana S. Aramagno Corporate Law Departments, June 2002 After a significant decline in hostile activity in 2000, attempted hostile acquisitions in 2001 increased 135 percent over 2000.
Recognizing and protecting against conflicts of interest By Belle Lind Gordon Family Law, January 2002 Most attorneys know that they can be disqualified as an attorney for a party based upon a conflict of the interest.
Reconciling parentage act cases from the past year By Adrienne W. Albrecht Family Law, April 2002 During the year 2001, and exceptional number of significant opinions considered the subtleties of the Parentage Act and its interplay with other statutes and precedent affecting children born out of wedlock.
Rediscovering coordinated effects By Charles A. James October 2002 It has been said that life is largely a matter of expectation. Throughout my career in the antitrust field, I have been first and foremost a merger lawyer, and as a result I expected that the majority of my time at the Antitrust Division would be devoted to merger matters
Reducing the burden of student loans—The Career Criminal Justice Attorney Education Expenses Repayment Act—House Bill 5599 By Patrick J. Hughes, Jr. Government Lawyers, April 2002 The Task Force on Professional Practice1 in the Illinois Justice Systems was created by the Illinois legislature to examine the ability of Illinois' criminal and juvenile justice systems to dispense justice in a fair, equitable and just manner.
Reducing unwanted junk mail, e-mail, and telemarketing calls By Mardyth E. Pollard Elder Law, January 2002 As an attorney, you are well aware of the many needs of your client. Some of those needs, such as dealing with telemarketers and junk mail, are of a non-legal nature.
Reinventing your law practice: 25 tips for implementing change By Dr. John W. Olmstead Law Office Management and Economics, Standing Committee on, December 2002 During the next 10 years, law firms will either undergo dramatic change and transform themselves or they will cease to exist. Present business and management practices will no longer serve practitioners well in the global electronic marketplace.
Relocating a child born out of wedlock against the wishes of the non-custodial parent By Adrienne W. Albrecht Family Law, December 2002 For some time now, the appellate courts in Illinois have unanimously held that the custodial parent of a child born out of wedlock need not obtain leave of court before permanently locating the child out of Illinois.
Remembering Hon. Michael A. Bilandic: former Chief Justice, Alderman and Mayor of Chicago By Michele M. Jochner Bench and Bar, May 2002 Former Illinois Supreme Court Justice Michael A. Bilandic died at age 78 on January 15, 2002.
Report of the Governor’s Commission on Capital Punishment By Patrick J. Hughes, Jr., Paul A. Logli, & Lynn Patton Government Lawyers, November 2002 Editors' Note: On April 15, 2002, the long-awaited Report of the Governor's Commission on Capital Punishment was released.
Representing clients in mediation: the “missed” opportunity By Erwin I. Katz Alternative Dispute Resolution, March 2002 No lawyer would ever have the audacity to attempt to represent a client at trial, or at any dispositive motion without adequate preparation.
The requirements of raising equitable estoppel or fraudulent concealment in a legal malpractice context By Martin J. O’Hara Tort Law, May 2002 A 2001 Fifth District Appellate Court decision examined a plaintiff's ability to avoid the statute of limitations and repose in a professional malpractice claim based upon the defendant professional's alleged fraudulent conduct in concealing the malpractice.
Response to article pertaining to third party purchaser at judicial foreclosure sales By Phillip H. Ward, Jr. Real Estate Law, October 2002 Messrs. Moody and Potter's thorough article on representing a potential third party purchaser at a foreclosure sale (Real Property newsletter, October 2001), furnishes an excellent argument for their firm (and many others) to change its sale procedure.
Responsible person liability under state tax law By Stanley R. Kaminski State and Local Taxation, February 2002 Responsible person liability is derived from the nonpayment of taxes owed by a corporation, or in some instances, a partnership or limited liability company (LLC).
Retooling the federal NSR program By Steven M. Siros Environmental and Natural Resources Law, January 2002 For many companies, especially those contemplating facility upgrades or facility modifications which affect air emissions, the federal New Source Review ("NSR") program is often viewed as an insurmountable hurdle that can stop a project in its tracks.
Reverse exchanges and transfer taxes—to pay or not to pay; that is no longer the question By Martin S. Edwards Real Estate Law, February 2002 Tax deferred exchanges of real estate are currently governed by I.R.C. § 1031 and the related Treasury Regulations. These detailed regulations were published in April of 1991.
Review of recent new traffic laws of the 92nd General Assembly By James J. Ahern Traffic Laws and Courts, November 2002 Governor Ryan has approved House Bill 5941, which will become effective January 1, 2003.
Review of selected 2002 FMLA cases By Alisa B. Arnoff Labor and Employment Law, December 2002 Scamihorn v. General Truck Drivers, Office, Food & Warehouse Union, 282 F.3d 1078 (9th Cir. 3/4): Summary judgment for employer denied where genuine issues of material fact existed concerning whether employee's father was capable of self-care and of doing his essential job functions.
A review of the 20th annual conference of the National Conference of State Tax Judges By Alexander P. White State and Local Taxation, July 2002 The 20th Annual State and Local Taxation conference of the National Conference of State Tax Judges (NCSTJ) convened on Friday, March 15, 2002, in Cambridge, Massachusetts.
Revocation of wills: intent is not enough By Donald A. LoBue General Practice, Solo, and Small Firm, March 2002 Cancellation and alteration of wills usually occurs without the benefit of legal advice. An individual wants to change his or her will and marks the original accordingly. Prior to seeing a lawyer, he or she dies.
The Richman Report: Similar facts, different result Family Law, November 2002 Not too long ago, an IRS Field Service Report dated July 29, 1999 made us stop and think carefully before transferring nonqualified stock options in a divorce situation.
The Richman Report—the importance of the site visit as part of the business valuation process By Bruce L. Richman Family Law, January 2002 Often I am asked whether or not a site visit is needed in preparing a valuation of a closely held company.
Riding high again—thanks to the Illinois Equine Activity Liability Act By Teresa Vamos Agricultural Law, May 2002 According to a report on horse industry statistics prepared on behalf of the Horsemen's Council of Illinois, Illinois is a state that has more horses than Kentucky.
Roundtable discussions with Illinois agencies Administrative Law, October 2002 On June 4, 2002 in Springfield, and on June 6 in Chicago, members of the ISBA Administrative Law Section Council met with representatives of various Illinois agencies.
Saline County, Kansas resolution placing builders on notice of agricultural use By David Hoff Agricultural Law, May 2002 Illinois and several other states have legislation designed "to protect farming operations from nuisance suits under certain circumstances," 740 ILCS 70/0.01 et seq., with the stated purpose of such legislation being "to conserve and protect and encourage the development and improvements of its agricultural land for the production of food and other agricultural products." 740 ILCS 70/1.
Sample client advice letter: structuring an individual medical practice to minimize tax and reduce asset exposure to liability claims By William A. Price Business and Securities Law, February 2002 I recently had occasion to counsel a physician interested in purchasing an Illinois medical practice, along with the building and medical laboratory facilities used by the practice.
The Sarbanes-Oxley Act of 2002 By Maureen Bismark Employee Benefits, December 2002 Some of the most significant changes to federal security laws since the 1930s became law on July 30, 2002, when President Bush signed the Sarbanes-Oxley Act of 2002.
SBA enhanced ExportExpress loan program International and Immigration Law, October 2002 The U.S. Small Business Administration's ExportExpress loan program's new enhancements will simplify export financing opportunities for small businesses and attract more lenders to participate in the program, according to a recent news release from SBA's Washington office.
SBA is still approving credits By Lewis F. Matuszewich Commercial Banking, Collections, and Bankruptcy, February 2002 The United States Small Business Administration (SBA) continues to administer many programs designed to assists small and middle size businesses.