Section Newsletters

Articles From 2003

Message from the Chair By Frank V. Ariano Family Law, June 2003 As I write my last "message" as Chair of the Family Law Section Council, I am amazed at how quickly this year has past.
Message from the Chair By Michael P. McCuskey Federal Civil Practice, May 2003 This issue is devoted to Seventh Circuit Court of Appeals Judge Harlington Wood, Jr. Judge Wood is not only a giant in stature, whose career of public service spans seven decades, but also a giant in the Illinois judiciary.
Message from the chair By Frank V. Ariano Family Law, April 2003 Since our last newsletter, the Family Law Section Council has not only had meetings of all of its committees (many more than once), reviewed and taken a position on well over 50 bills affecting family law (with many more coming daily), had its commentary on new concepts in custody proceedings approved by the ISBA Board of Governors for submission to the Supreme Court Special Committee on Child Custody, but also conducted an excellent seminar in Las Vegas!
Message from the chair By Frank V. Ariano Family Law, February 2003 Happy New Year everyone! With the holidays behind us, the busiest time of the Council's year is now in full swing.
Message from the chair By Lee Ann Conti Energy, Utilities, Telecommunications, and Transportation, January 2003 Please take a few minutes from your hectic schedules to give yourself and your fellow Section members a small gift--your input and opinions on how this Section can better meet your needs.
Message from the chair By Michael P. McCluskey Federal Civil Practice, January 2003 Welcome to the second newsletter of the Federal Civil Practice Section Council. I have received many favorable comments about our inaugural newsletter.
Michigan court jails supervisor for job-related fatality By Michael R. Lied Labor and Employment Law, August 2003 J. A. Concrete Construction Company contracted with another company to deliver gravel to a construction site.
Minimum wage changes By Michael R. Lied Labor and Employment Law, November 2003 The Illinois minimum wage rate increases to $5.50 per hour on January 1, 2004. It next rises to $6.50 per hour January 1, 2005.
Modification of child support for high-income earners By Brian L. McPheters General Practice, Solo, and Small Firm, November 2003 A recent opinion of the Fifth District Appellate Court, authored by Justice Chapman with Justices Maag and Kuehn concurring in In Re Marriage of Harry Timothy Garrett and Elizabeth Ann Garrett, 336 Ill. App. 3d 1018,____ N.E. 2d ______ (2003), underscores some of the risks faced by high-income earners when confronted with a Petition for Modification of Child Support.
A moment on the lips, forever on the HIPAAs: A primer on HIPAA privacy compliance By Hector Lareau & Karen J. Hayes Corporate Law Departments, July 2003 How many of you have had client corporations come to you in a HIPAA-induced panic? And how many of you have been dizzied looking for answers in HIPAA's privacy regulations?
More from Sarbanes-Oxley—Whistleblower protection By Ned Othman Corporate Law Departments, September 2003 The Sarbanes-Oxley Act (SOX) of 2002, well-known for its corporate governance and accounting practices, also includes significant whistleblower provisions, requiring procedures for handling whistleblower complaints and providing protection to employees who make whistleblower complaints.
Mortgage defense 101 By Harold I. Levine Commercial Banking, Collections, and Bankruptcy, May 2003 Lenders frequently assign or transfer their loans. Sometimes they are securitized. Sometimes the servicer seeks to foreclose.
Mortgage defense 102: Pleading fraud By Harold I. Levine Real Estate Law, June 2003 Part I of this article1 dealt briefly with the concept of preemption. It stated: "The most favored defense of lenders is preemption.
The Multiparty, Multiforum Trial Jurisdiction Act of 2002 By James E. Pfander Civil Practice and Procedure, February 2003 On November 2, 2002, President Bush signed into law the Multiparty, Multiforum Trial Jurisdiction Act of 2002.
Municipal development agreements: A call for much-needed legislation By John B. Murphey Local Government Law, February 2003 The Municipal Zoning Act needs to be amended. Now. Legislation needs to be enacted granting non-home rule municipalities the authority to enter into development agreements.
Municipality’s or county’s denial of a conditional use permit is an administrative act, not a legislative act Administrative Law, March 2003 Until recently, the effort to determine whether denial of a special use permit by a municipal or county board was administrative--and, therefore, subject to the Administrative Review Act--or legislative (subject to review via a declaratory judgment action) was mind numbing.
“My kid is gone” Family Law, April 2003 There you are, sitting in your office trying to understand why anyone could possibly reject the very realistic and reasonable settlement proposal you have made in a case, when your mental meanderings are interrupted by a hysterical (potential) client telling you that their child has been snatched by the other parent, and taken out of the country.
NAALJ/ABA-NCALJ mid-year a resounding success By Ann Breen-Greco Administrative Law, September 2003 The National Association of Administrative Law Judges and the American Bar Association National Conference of Administrative Law Judges Mid Year Education Program, "Administrative Law Judges and Agencies Working to Enhance Public Confidence In Administrative Adjudication," was a very successful event, both in terms of content and turnout.
The name game: Preventing trademark infringement against newly formed businesses By A. Jay Goldstein & Christina M. Berish Business Advice and Financial Planning, June 2003 One, two, even 10 years after forming a new business, it is not unheard of for a company to receive a demand to discontinue the use of their name.
The name game: Preventing trademark infringement against newly formed businesses By A. Jay Goldstein & Christina M. Berish Business and Securities Law, March 2003 One, two, even 10 years after forming a new business, it is not unheard of for a company to receive a demand to discontinue the use of their name.
National Labor Relations Board extends Weingarten rights to non-union employees By Bruce C. Beal Labor and Employment Law, February 2003 The National Labor Relations Board (NLRB), in a three-to-two vote, extended the Weingarten rule to non-union workers.
Negligent spoliation of evidence By Gina M. Arquilla Young Lawyers Division, December 2003 Under Illinois law, the supreme court has declined to recognize a separate cause of action for spoliation of evidence.
Net income for the purpose of calculating child support By Nancy Ann Ward & Darla A. Foulker Family Law, December 2003 Family law attorneys have all read and re-read the statutory guidelines regarding the calculation of child support found in Section 505 of the Marriage and Dissolution Act.
The “new” “A” reorganization— Disregarded entity mergers By James S. Zmuda Federal Taxation, April 2003 In TD 9038 the Department of the Treasury ("Treasury") issued temporary regulations defining the term "statutory merger or consolidation" ("Temp. Regs.") for purposes of section 368(a)(1)(A) of the Internal Revenue Code of 1986, as amended ("Code").
The new and improved Multi-Board Residential Real Estate Contract By Joseph R. Fortunato Real Estate Law, February 2003 Transactional practitioners in Chicago and the collar counties may be familiar with a four-page real estate contract form entitled "Residential Real Estate Contract" known colloquially as the "Common Contract."
A new concept in retirement plans, the Solo (K) By Dr. Bart A. Basi Young Lawyers Division, October 2003 According to the U.S. Census Bureau, there are currently 17 million self-employed individuals in the United States.
The new definition of zoning: Chaos (at least until tomorrow) By Robin L. Perry Local Government Law, July 2003 On April 17, 2003, the Illinois Supreme Court issued an opinion which at first seems harmless, but after a more thorough read further complicates the law of zoning. Hawthorne v. Village of Olympia Fields et al., No. 93462, 2003 WL 1889613 (Ill. Apr. 17, 2003)
New Department of Homeland Security includes most immigration functions By Gabrielle M. Buckley International and Immigration Law, June 2003 On November 25, 2002, President Bush signed into law the Homeland Security Act of 2002, which created a new cabinet-level position and the new Department of Homeland Security (DHS).
New direction for DCFS By Dixie Lee Peterson Child Law, September 2003 Armed with a background forged from his leadership of the Task Force of the Governor studying DCFS, Director Bryan Samuels began his tenure by focusing on children listed as missing or runaways, dealing with the population of older youth, and addressing the over-representation of African American children in the system.
A new era in land use, Klaeren & Gallik By Pat Lord Local Government Law, March 2003 Historically, the standard of review of a decision to grant or deny a petition for a special use permit has been whether the government action is arbitrary, capricious or unrelated to the public health, safety and morals.