Section Newsletters

Articles From 2003

TechnoLawyer.com: How to stay in touch when out of reach By Carol L. Schlein Young Lawyers Division, August 2003 Getting away from work has become nearly impossible. While you can use a Palm or similar handheld device to look up client appointments or telephone numbers and a cell phone to keep in touch with clients, the latest round of toys--er, tools--make it harder to disconnect from the office.
TechnoLawyer.com: No strings attached—Cutting the cord with wireless law practice By Ross L. Kodner Legal Technology, Standing Committee on, August 2003 Those frustrating cables--they're everywhere! Intertwining and connecting seemingly plug-incompatible gadgets in our laptop cases; tangling purses and briefcases in a snakelike mass of plastic-encased cords; connecting Palms to PCs; going from headsets to cell phones; "conveniently" linking us to printers (when sometimes the cables weigh more than the laptop); stretching to scanners; retracting (or not) from telephones; coiling like a garden hose around the legs of our chairs while connecting us to a network.
TechnoLawyer.com: Seeing is (not always) believing By Arthur L. Smith Legal Technology, Standing Committee on, April 2003 The Internet has become perhaps the most popular tool for conducting research, not only among lawyers but among other professionals as well.
Ten employment mistakes plaintiffs’ lawyers hope you make By Jean Holloway & Ron Lee Corporate Law Departments, December 2003 Many employers may read news reports about egregious misconduct in the workplace-supervisors making sexual advances at employees, managers using racial slurs-and reassure themselves that "it won't happen here."
Tenancy by the entirety now offers less protection from creditors By Laura Althardt Agricultural Law, May 2003 For more than 50 years, every federal court reviewing tenancies by the entireties has concluded that a federal tax lien cannot attach to such property to satisfy an individual spouse's tax liability.
Thoughts from the appellate court: Or, what to do about a crocodile in the bathtub By Barbara Johnson Women and the Law, November 2003 When Supreme Court Justice Bob Thomas swore me in on December 2, 2002, as an appellate judge for the second district I knew exactly what to expect. Or did I?
Thoughts on long-term care insurance By Marc R. Miller Elder Law, September 2003 With an aging population driving up the need for long-term care and increased awareness by elder law lawyers of the potential use of long-term care insurance (LTCI), it is becoming more and more important for attorneys to update their understanding of LTCI.
The tide rises once again: Definition of wetlands revisited By James K. Weston Mineral Law, December 2003 A recent Virginia case, Treacy v. Newdunn Associates, analyzed once again the definition of "navigable waters" under the Clean Water Act.
Trade secret train wreck: How “clickety-clack” transformed a simple idea into a protectable and profitable trade secret By Steven L. Baron & Kristin L. Lingren Intellectual Property, December 2003 A recent Seventh Circuit opinion suggests that in Illinois, a protectable trade secret may now encompass ideas conceived in an "intuitive flash of creativity" and developed with a monetary investment of less than $1.
Trademark protection in China: An overview By Pradip K. Sahu International and Immigration Law, September 2003 Many businesses in the United States see China as "the final frontier" because it is a rapidly developing nation with great potential for economic growth.
Trapped in an insurance defense practice? Two strategic approaches By Dr. John W. Olmstead Law Office Management and Economics, Standing Committee on, June 2003 Insurance defense practices are under siege. While these practices have always had to deal with low billing rates and unrealistic controls mandated by insurance companies, recent trends have reached levels that threaten the business relationship which has reached an all-time low.
Trustee, or not trustee? Aye, there’s the rub By Dennis A. Norden Trusts and Estates, May 2003 With all due apologies to Mr. Shakespeare, his executors or successor trustee, as the case may be, the purpose of this not-so-scholarly article is to address one of the most confounding dilemmas facing estate planning attorneys today--selection of a trustee.
Undocumented workers—Do they have any employment law rights? By Lorna K. Geiler Labor and Employment Law, April 2003 On March 27, 2002, the Supreme Court issued its decision in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 533 U.S. 137, 122 S.Ct. 1275, 152 L.Ed. 271 (2002).
Unexplained/idiopathic falls By Bradford J. Peterson Workers’ Compensation Law, September 2003 In Builders Square v. Industrial Commission, 791 N.E.2d 1308, 274 Ill.Dec. 897, decided by the Third District on June 24, 2003, the appellate court addressed the issue of proof necessary to support compensability of an unexplained fall
Unforeseeable business circumstance excuses plant closing without WARN notice By Michael R. Lied Labor and Employment Law, April 2003 In Watson et al. v. Michigan Industrial Holdings, Inc. et al., 2002 U.S. App. LEXIS 23889 (6th Cir. 2002), Michigan Industrial Holdings, Inc. (MIHI) provided new and aftermarket forgings for Dana Corporation
The Uniformed Services Employment and Reemployment Rights Act of 1994 and the Service Men’s Employment Tenure Act: What every employer should know By Joanna G. DuPriest & Jill P. O’Brien Labor and Employment Law, April 2003 It is certainly time to "brush up" on the law regarding the rights and obligations that exist in the workplace when employees need time off to serve our country in the military.
Unity and integrity in the workplace By Gloria Petersen Young Lawyers Division, June 2003 Your reputation is the essence of you and should be guarded as your most precious commodity.
Upcoming events Alternative Dispute Resolution, February 2003 Section of Dispute Resolution meetings during ABA Mid-Year Meeting
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, December 2003 This is a forged check case involving the interesting twist of a stolen identity. Nicholas Fredich placed an ad in the Denver Post for a fictitious bookkeeping position.
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, March 2003 Since our last meeting, we report the following matters relating to banking law. This month several of the cases involve contractual interpretation and the proper or improper use of the English language.
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, February 2003 Since our last meeting, we report the following matters relating to banking law.
An update on mandatory arbitration in Cook County By Hon. Jacqueline P. Cox Bench and Bar, March 2003 The Mandatory Arbitration Program in all six of Cook County's Municipal districts is an alternative dispute resolution process for civil suits seeking monetary damages of $30,000 or less.
U.S. EPA underground storage tank program: The new millenium, MTBE, and the future By Thomas J. Kenney Environmental and Natural Resources Law, February 2003 When Congress amended the Resource Conservation and Recovery Act of 1976 (RCRA)2 in 1984, it created the statutory authority for the federal regulation of underground storage tanks (USTs).
U.S. Supreme Court rules tax lien effective against half of tenancy by the entirety property By Gary R. Gehlbach Commercial Banking, Collections, and Bankruptcy, February 2003 In a decision decided April 17, 2002, the United States Supreme Court found that a person's interest in real estate as a tenant by the entirety with his wife was no bar to a federal lien against the husband's interest only.
U.S. Supreme Court to review recent bankruptcy decisions By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, November 2003 The United States Supreme Court has agreed to review three recent bankruptcy appellate decisions of general interest to bankruptcy practitioners, including two decisions of the Seventh Circuit Court of Appeals.
U.S. Supreme Court to review recent bankruptcy decisions By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, September 2003 The United States Supreme Court has agreed to review three recent bankruptcy appellate decisions of general interest to bankruptcy practitioners, including two decisions of the Seventh Circuit Court of Appeals.
The USA Patriot Act: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 By Phillip B. Lenzini Human and Civil Rights, September 2003 The USA Patriot Act, complete with the acronym, that was signed into law October 26, 2001 by President Bush, has been called many things. By some it is the collection of tools designed for combating the terrorism exemplified by the acts of September 11, 2001.
Use document technology to comply with Sarbanes-Oxley: A practice tip By John Ellsworth Business and Securities Law, September 2003 Mission-critical document management considerations such as Sarbanes-Oxley have firms searching for risk remediation solutions
Useful ideas for spreadsheets By Maximilian M. Prusak Law Office Management and Economics, Standing Committee on, September 2003 Most law offices have spreadsheet programs that remain largely unused by lawyers. In our office, we have Microsoft Office on each computer, which includes Excel.
Using and interpreting powers of attorney By John F. Erbes Elder Law, April 2003 A question was posed on one of the ISBA listservs recently about the proper method of utilizing an Illinois Statutory Short Form Power of Attorney for Property