Section Newsletters

Articles From 2003

Employment claims: The first 30 days By Andrew B. Cripe Young Lawyers Division, June 2003 Though once rare, employment claims now account for over one-quarter of all lawsuits filed in federal court.
Employment in Ireland: Compensation and benefits issues By David R. Shannon Employee Benefits, July 2003 This is a general survey of compensation and benefit issues that a multinational employer with a presence in Ireland may encounter.
Employment in Ireland: Compensation and benefits issues By David R. Shannon International and Immigration Law, March 2003 This is a general survey of compensation and benefit issues that a multinational employer with a presence in Ireland may encounter.
The employment practices audit: A value-added client service By Andrew B. Cripe Young Lawyers Division, December 2003 Outside counsel is typically called to handle employment matters after a problem has arisen.
Enacted criminal legislation 2002: Part II By Steve Baker Criminal Justice, May 2003 Amends the Liquor Control Act of 1934. Provides that local liquor commissioners have the duty to report to the Secretary of State any conviction for a violation of the Act's provision, or a similar provision of a local ordinance, prohibiting a person under 21 from purchasing, accepting, possessing, or consuming alcoholic liquor and prohibiting the transfer or alternation of identification cards, the use of the identification card of another or a false or forged identification card, or the use of false information to obtain an identification card. 
Enacted criminal legislation 2002: Part One By Steve Baker Criminal Justice, February 2003 Amends the Criminal Code of 1961. Creates the offense of conspiracy against civil rights.
Encore CLE program By Cynthia I. Ervin Government Lawyers, November 2003 On September 12, 2003, the Standing Committee on Government Lawyers, in conjunction with the Government Bar Association, sponsored a continuing legal education program in Springfield, produced by and for government lawyers, entitled “Ethical Considerations in Public Sector Law.”
The enforceability of physicians’ covenants not-to-compete in the wake of the Illinois Supreme Court’s (non)decision in Carter-Shields v. Alton Health Inst. By Michael K. Goldberg General Practice, Solo, and Small Firm, October 2003 Many in the health care field anticipated that Carter-Shields v. Alton Health Inst., would resolve the issue of the enforceability of restrictive covenants for physicians.
Enforcement of municipal ordinances—A new, efficient method By Kathleen Field Orr Government Lawyers, November 2003 Every profession has its own set of regularly occurring frustrating circumstances.
Enforcement of municipal ordinances—A new, efficient method By Kathleen Field Orr Business Advice and Financial Planning, June 2003 Every profession has its own set of regularly occurring frustrating circumstances. For example, a police officer is often forced to abandon an investigation in order to preserve an individual's right of privacy; the teacher is always required to have the simplest curriculum change make its way through a bureaucratic maze before implementation is permitted; or, the administrator is mandated to take a certain tact due to political factors instead of following a higher set of standards
Environmental alert—Can you handle basic emergency calls from your client company? By Eric E. Boyd Corporate Law Departments, March 2003 It's almost five o'clock, and you receive a call from your client with a Clean Air Act question.
Estate and gift tax update By Edward J. Schoen, Jr. Federal Taxation, June 2003 On December 24, 2002, the Internal Revenue Service (IRS) issued final regulations (T.D. 9032) under Internal Revenue Code (IRC) section 645 regarding the election to treat certain revocable trusts as part of an estate.
Estate planning update By Kelli E. Madigan Federal Taxation, April 2003 As practitioners await the Tax Court's decision in Strangi, 15 T.C. 478, with respect to the IRS' section 2036 claim to include all of the assets held in the family limited partnership in the estate of the decedent, we see other section 2036 claims approved in Thompson and Kimbell.
Ethics corner By Rosalyn B. Kaplan Government Lawyers, November 2003 Although part of the Web site is still “under construction,” public information about Illinois attorneys, an explanation of the operation of the Attorney Registration & Disciplinary Commission (“ARDC”) rules, and links to use for researching ethics issues are currently available at: .
Ethics corner Government Lawyers, August 2003 Assistant Attorney General Ed Carter, Supervisor of Financial Crimes Prosecutions for the Illinois Attorney General's office, recently published the article "Limits of Judicial Power: Does the Constitution Bar the Application of Some Ethics Rules to Executive Branch Attorneys?" in the Winter 2003 issue (Vol. 27, No. 2) of the Southern Illinois University Law Journal.
Everyone can generate new clients By Lawrence M. Khon & Robert N. Kohn Law Office Management and Economics, Standing Committee on, March 2003 While the obstacles to selling are real, they can be overcome.
Evidence advocacy—the judge’s perspective Bench and Bar, January 2003 This is the second part of the article by Justice Warren D. Wolfson (First District Appellate Court). The First installment was published in the November 2002 newsletter.
Excerpts from minutes of meeting of Real Estate Law Section Council Real Estate Law, February 2003 Samuel Levine, in Gary Gehlbach's absence, reported that there is only one article "in the bank" for future publication.
Excerpts from Minutes of Real Estate Law Section Council meeting By Joseph R. Fortunato, Jr. Real Estate Law, September 2003 The June 21, 2003, meeting of the Real Estate Law Section Council of the Illinois State Bar Association was called to order at 9:30 a.m. at The Abbey Resort & Fontana Spa, Fontana, Wisconsin, by Samuel Levine, Chair.
Excerpts from minutes of the March 19, 2003, meeting of the Real Estate Law Section Council By Laurence F. Johnson Real Estate Law, June 2003 An updated roster and current section enrollment numbers were reviewed. Andy Dystrup will explore with the ISBA whether enrollment at one of the Real Estate Law updates could include a "complimentary membership" to the section for one year.
Executive loses stock options by working for competitor By Michael R. Lied Labor and Employment Law, April 2003 Michael Tatom worked as Vice-President of Operations in the Custom Business Services unit of Ameritech Information Systems.
Expansion of section 23 of the Mechanics Lien Act By Sirat K. Attapit Commercial Banking, Collections, and Bankruptcy, May 2003 In an opinion issued by the appellate court of Illinois for the First District, the court determined that over time, the legislature and case law have expanded the scope of section 23 of the Mechanics Lien Act (the Act) to include hauling and excavating as lienable activities.
Expert Witnesses: A view from the bench By John A. Wasilewski General Practice, Solo, and Small Firm, February 2003 The expert witness can be a highly trained professional, with or without impeccable credentials, or can be a tradesman, mechanic or anyone who possesses special knowledge that would aid the fact-finder in making a decision.
Eyes wide open By Richard Richmond Corporate Law Departments, November 2003 Entrepreneur David Krumrine turned a passion for baking, learned from his grandmother, into a successful company.
Family Law case update By Adrienne W. Albrecht Family Law, April 2003 Cases issued between July, 2002 - February, 2003 and of interest to family law practitioners.
FDIC insurance coverage for estates and revocable trusts By Mike Drone Agricultural Law, January 2003 Just as grain elevators can fail, so can banks. If you represent the executor of an estate or the trustee of a revocable trust, it is important to understand how FDIC insurance applies to estate or trust bank deposits
Federal case updates By Milan Kim Employee Benefits, April 2003 Jebian was a participant in Hewlett's ERISA plan, which was run by Voluntary Plan Administrator (VPA), an independent claims administrator.
Federal legislation Mineral Law, May 2003 Washington--Although the heavy lifting was reportedly being delayed until April, national energy policy legislation did begin to take shape in March when committees in both chambers released draft bills, and four Senate leaders introduced a comprehensive energy tax bill.
Federal preemption of state prepayment-penalty statutes: Back to the future? By John C. Murray Real Estate Law, October 2003 Federal associations have, for many years, been able to include prepayment penalty clauses in commercial loan documents and enforce such clauses according to their terms, regardless of any state law to the contrary (including equitable principles). C.F.R. §§ 545.2 and 545.34(c), as amended at 49 F.R. 43044 (1984), authorize a federal association to include a prepayment penalty clause in any loan it makes and to enforce such a clause in accordance with its terms regardless of any state law-including equitable principles in a foreclosure action-that purports to prohibit the collection of a prepayment penalty under certain circumstances.
Federal rule change By Christopher Minix Government Lawyers, November 2003 The United States District Court for the Central District of Illinois has adopted an emergency rule banning “electronic devices” from federal courthouses.