Section Newsletters

Articles From 2003

Petition for review filed on 42nd day held timely under Illinois Administrative Review Law By J.A. Sebastian Administrative Law, August 2003 The appellate court recently reconsidered and reversed its earlier dismissal of a direct review of an administrative order in Moren v. Illinois Dep't of Human Rights, No. 1-01-2080, slip op.
Petitioner elects his remedy By Michelle D. Porro Workers’ Compensation Law, September 2003 The appellate court recently released a unanimous decision in Payetta v. Industrial Commission, 274 Ill.Dec. 590 2nd District (June 17, 2003).
Piercing the corporate veil: Shroud or substance? General Practice, Solo, and Small Firm, December 2003 A times our clients are faced with litigation with a corporation that may seem like it acts through its individual owners, as opposed to observing the requirements for acting as a distinct corporate entity. In other words, the ownership is so unified between the persons operating the corporation and the corporate entity itself that they merge into one.
Planning for major upheavals, and ‘What did I do to deserve this?’ By Thomas J. Brannan Law Office Management and Economics, Standing Committee on, March 2003 It has been suggested by our illustrious editor that articles should be written about real life law office experiences.
Planning pointer By Paul A. Meints Trusts and Estates, December 2003 On November 7, 2003, the U.S. Tax Court issued its 114-page opinion on the Estate of Eugene Stone's five family limited partnerships.
Positive changes for female trial attorneys in Illinois By Bethany K. Biesenthal Women and the Law, September 2003 There have been many positive changes for female trial attorneys in Illinois.
Post-Klaeren judicial review of site-specific zoning decisions by legislative bodies By Daniel P. Blondin Local Government Law, March 2003 The purpose of this article is to analyze the impact of recent decisions by the Illinois Supreme Court in City of Chicago Heights v. Living Word Outreach Full Gospel Church & Ministries, Inc., and Klaeren v. Village of Lisle.
Potential disclosure requirements for outside counsel hired by municipalities to investigate allegations of internal wrongdoing By Leslie Hairston & Frank M. Adams Local Government Law, April 2003 With the advent of media scrutiny of outside counsel being hired by State and Local Government entities to investigate allegations of wrongdoing by their government agencies, the documents generated during such representation might be exposed to media and litigation discovery requests at any given time.
A potpourri of estate planning and investment management reminders By Gary F. Gehm Trusts and Estates, May 2003 Because assets in joint tenancy carry rights of survivorship, these assets are not controlled by a will; therefore, to ensure a well-coordinated estate plan and to minimize gift and estate taxation, you should carefully consider the placement of assets into joint tenancy.
Power Of Attorney: So simple yet so complicated By Thomas F. Hartzell General Practice, Solo, and Small Firm, June 2003 Power Of Attorneys are drafted for clients as part of their estate plan.
Practical checklist for the estate planning practitioner By Deborah B. Cole Trusts and Estates, August 2003 Errors in estate planning are one of the most common types of legal malpractice.
Practical checklist for the estate planning practitioner By Deborah B. Cole Young Lawyers Division, February 2003 Errors in estate planning are one of the most common types of legal malpractice.
Practical considerations for representing your clients who have been damaged by Wall Street analysts’ conflicts of interest By James J. Eccleston General Practice, Solo, and Small Firm, September 2003 Securities regulators have opened a Pandora's box for the major brokerage firms.
Practical suggestions on transition or retirment from a law firm By John W. Damisch Law Office Management and Economics, Standing Committee on, June 2003 The largest law firm in Illinois is made up of thousands of solo and small law firms. The "Baby Boomer" generation is about to retire.
Practice alert: Lawyers now need to warn clients of potential Department of Public Aid collection efforts after declaration of retroactive child support agreements in court orders By Brian L. McPheters General Practice, Solo, and Small Firm, October 2003 For those attorneys thinking not much in a civil practice could be simpler than finishing a child support arrearage case on behalf of a support payor, the Illinois Department of Public Aid has made the process much more complicated as illustrated by a recent decision by the circuit court in Champaign County, Illinois.
The practice of law—Words of wisdom from Honest Abe By Michael P. McCuskey Bench and Bar, January 2003 Recently, members of the Bench & Bar Section Council collaborated on an excellent article about the qualities necessary to be an outstanding judge.
Practice tip: Not-for-profit resources By Terrence M. Madsen General Practice, Solo, and Small Firm, June 2003 There is an unwritten but well known rule of the profession that every small firm and solo, regardless of their areas of practice, must plan for the day when their best client calls in the middle of the night--or Sunday afternoon--seeking emergency help for a spouse who can't drive sober or a child who shoplifts and is in jail.
Practice tips By Donald L. Shriver Real Estate Law, August 2003 On March 20, 2003, the Fourth District Appellate Court of Illinois decided Rothers Construction, Inc. v. Centurion Industries, Inc., et al., 272 Ill.Dec. 105, 786 NE2d 644.
Practice tips By Paul A. Meints Trusts and Estates, March 2003 The U.S. Department of Health and Human Services, through its Lawyer Education Project of the Division of Transplantation, is asking bar association leaders to inform members of the need for organ donations and tissue transplants.
Pre-tender defense costs: Covered or not? By Marlene A. Kurilla & David A. Dolendi Insurance Law, April 2003 Insurance coverage issues are as varied as the state courts that try to decide them.
Preemption-The covert exemption By Julie-April Montgomery State and Local Taxation, October 2003 Everyone is constantly seeking a way to legally avoid the payment of taxes to which they can be subject. To that end, one is normally aware that the greatest source for such relief is an exemption.
Premature filing of complaint for administrative review deprives court of jurisdiction Administrative Law, March 2003 Regular readers of this newsletter know that if a complaint for administrative review is filed late, which usually means more than 35 days after the agency decision is issued, the circuit court lacks jurisdiction to adjudicate.
Prescription drugs: FDA oversight of direct-to-consumer advertising has limitations Health Care Law, February 2003 In October of 2002, at the request of Congress, the General Accounting Office (GAO) provided a report regarding the impact of direct-to-consumer (DTC) advertising of prescription drugs and of the Food and Drug Administration's (FDA) regulation of DTC advertising.
A primer on SEC Rule 10b5-1: Affirmative defenses for insider trading By Alan Horwich & Andrew M. Klein Corporate Law Departments, November 2003 Securities and Exchange Commission ("SEC") Rule 10b5-1, issued in 2000, provides a means for corporate insiders and others to engage in certain prearranged securities transactions without running afoul of the prohibition on trading on the basis of material nonpublic information about the securities.
Privileged communications under the Mental Health and Developmental Disabilities Confidentiality Act and family law issues By Scott C. Colky Family Law, December 2003 Many attorneys, and more commonly child representatives, may not understand the implications in re-disclosing information they learn from a child’s therapist.
The process of siting a municipal waste transfer station or landfill By David W. McArdle October 2003 Siting municipal or county waste transfer stations and landfills presents unusual problems for local governments.
The process of siting a municipal waste transfer station or landfill By David W. McArdle Local Government Law, August 2003 Siting municipal or county waste transfer stations and landfills presents unusual problems for local governments.
Property valuation may be reduced by proximity to livestock operation* By J. David Aiken Agricultural Law, March 2003 In Nebraska, land and buildings are valued at their fair market value for purposes of property taxation. Residential and commercial real estate is valued at 92-100 percent of actual value (i.e., farm market value) and agricultural real estate is valued at 74-80 percent of actual value.
Proposed changes to employment laws winding their way through the 93rd General Assembly By Alisa B. Arnoff Labor and Employment Law, June 2003 SB1492: This bill provides an individual with the right to file an action arising under the Illinois Human Rights Act (the Act) in Circuit Court.
The pros & cons of environmental auditing By David B. Wilcoxen Environmental and Natural Resources Law, February 2003 Do you counsel a large company or public organization that maintains numerous facilities engaged in a variety of industrial, commercial, and research operations?