Section Newsletters

Articles From 2004

Have an answer? You do now By Marc R. Miller Elder Law, October 2004 Over time, the author has compiled his own resource "go-to" list. It has helped him be of service to the client at little or no cost.
The Health Care Competition Report: Insights from the Federal Antitrust Agencies By Scott D. Stein & Richard D. Raskin November 2004 On July 23, 2004, the Federal Trade Commission and the Department of Justice released a long-awaited joint report examining competition in the health care sector.
Health Care Section sponsors Law Ed program and teleconference Health Care Law, March 2004 The Health Care Section Council is sponsoring two upcoming programs of interest to section members.
Health Savings Accounts (HSAs) under the Medicare Prescription Drug, Improvement and Modernization Act of 2003 By Brian W. Ruddell Business and Securities Law, December 2004 Section 1201 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003 added Section 223 to the Internal Revenue Code to permit eligible individuals to establish Health Savings Accounts (HSAs) for taxable years beginning in 2004.
Health Savings Accounts: Are they ERISA-covered plans? By Raelene LaPlante Employee Benefits, June 2004 New federal legislation offers potential benefits to both individuals and employers in the form of health savings accounts ("HSAs").
Helping corporate Chapter 11 debtors return to profitability By Janice Baugh Business and Securities Law, April 2004 Despite the recent turnaround in the economy, most experts are expecting the number of bankruptcies to maintain their current level in 2004.
HIPAA privacy rules and discovery of medical records By Michael K. Goldberg General Practice, Solo, and Small Firm, February 2004 The Health Insurance Portability & Accounting Act of 1996 ("HIPAA") and the regulations1 promulgated pursuant to the Act have been in effect since April 2003.
The history of women in the Justinian Society By Anita M. DeCarlo & Katherine A. Amari Racial and Ethnic Minorities and the Law, May 2004 When you first think of women in the Justinian Society of Lawyers, the first person that comes to mind is Judge Gloria Coco. Of course, Judge Coco was our first and, to date, only woman president of the Justinians.
Hoffman Plastics and injured aliens By Patrick M. Kinnally International and Immigration Law, April 2004 Jose Castro was an undocumented worker from Mexico. He was hired by Hoffman Plastics Compounds, Inc. ("Hoffman") in 1988 to work at its facility which formulated chemical compouds for manufacturers. When Castro was hired, he used a birth certificate which belonged to a friend born in Texas.
Hours of service battles continue By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2004 The new Federal Motor Carrier Safety Administration ("FMCSA") hours of service rules for truck drivers went into effect on January 4, 2004.
How American attorneys may obtain licensure to practice law as Overseas Lawyers or Foreign Lawyers in Hong Kong By Pradip K. Sahu International and Immigration Law, August 2004 For centuries, Europeans have sought to increase trade with the East. The allure of Asian tea, silk, spices, art and adventure led numerous Westerners to China.
How much does a peppercorn cost?: Modification of existing employment relationships after Doyle v. Holy Cross Hospital By Stephen E. Balogh & Brendan A. Maher Labor and Employment Law, August 2004 The question is asked by an employer, "Can I make my employees sign covenants not to compete?"
How the application of the Foreign Corrupt Practices Act can help regulate international adoptions By Sandra Vreedenburgh International and Immigration Law, March 2004 Adoption is an instrument for giving a family to a child who does not have one and not the other way around."
How to correctly respond to a movant’s local rule 56.1 statement of facts By Daniel J. Kurowski Federal Civil Practice, November 2004 You're sitting at your desk when a partner stops by your office and asks if you're busy.
How to design a simple education-based Web site for an individual attorney By Trey Ryder Legal Technology, Standing Committee on, June 2004 As a rule, the more lawyers you have in your firm, the less able you are to focus your Web site's attention on any one lawyer's knowledge and experience.
How to design a simple education-based Web site for an individual attorney By Trey Ryder Young Lawyers Division, June 2004 As a rule, the more lawyers you have in your firm, the less able you are to focus your Web site's attention on any one lawyer's knowledge and experience. An easy solution is for each lawyer to have his own education-based Web site.
HUD’S “Final Rule” on its proposal to amend RESPA By Joseph R. Fortunato, Jr. Real Estate Law, June 2004 In the summer of 2002, the U.S. Department of Housing and Urban Development (HUD) issued a proposed rule that would have revamped the Real Estate Settlement Procedures Act of 1974 (RESPA).
The (Il)legality of the Israeli Wall in the Occupied West Bank By Violeta I. Balan International and Immigration Law, August 2004 Imagine a 430-mile fence built of electronic devices, barbed wire and occasional 20-foot high concrete structures.
Illinois Appellate Court rejects carrier liability limits in cargo litigation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2004 The Illinois Appellate Court for the First District has held that the cargo loss and damage liability limits published in a motor carrier's tariff were ineffective to limit the carrier's liability to a shipper in cargo loss and damage litigation unless the shipper had actual notice of the liability limitation and assented to it prior to the shipment.
Illinois business law case update By Stephen D. Sayre Business Advice and Financial Planning, October 2004 There were, a handful of noteworthy cases addressing issues of practical importance for business lawyers during the past year.
Illinois clergy as mandated reporters By Maria M. Ramirez Strohmeier Racial and Ethnic Minorities and the Law, March 2004 The attorney-client privilege is one of the cornerstones of our profession.
Illinois’ commitment to ethics By Claire A. Manning Administrative Law, March 2004 The passage of new ethics legislation at the end of 2003 marks an era of legislative reform in a state that has, for too long, carried a sullied, and unfortunate reputation for politics-by-purchase.
Illinois Courts Commission enters into joint decision to reprimand Judge Gregory Householter, No. 03 CCI- August 25, 2003 By Lawrence X. Pusateri Bench and Bar, March 2004 A stipulation of facts recounted that Judge Gregory Householter had delayed rendering decisions in certain cases assigned to him.
Illinois Courts Commission rejects plea bargain for Judge Francis Golniewicz By Lawrence X. Pusateri Bench and Bar, June 2004 On May 7, 2004, the Illinois Courts Commission, in a rare action, rejected a proposed six-month suspension for Cook County Circuit Judge Francis X. Golniewicz, who, it was alleged, violated the Illinois Constitution by living outside the Judicial sub-circuit from which he was elected.
Illinois decisions By Mark E. Zumdahl Trusts and Estates, February 2004 In re Estate of Madison Rae Pool was first noted in the June 2002 newsletter when the Third District Appellate Court reversed the decision of the circuit court of Putnam County, denying Petitioner Randy Pool's Petition to Revoke Letters of Administration issued to Debra Jean Clausen.
Illinois drilling permits-Do high prices translate to increased activity? By James K. Weston, Sr. Mineral Law, December 2004 An analysis of drilling permit applications in the last year does not reflect the kind of increase in production activity one might expect in light of record increases in the price of oil, at this writing nearly $50 per barrel.
Illinois drilling permits-Do high prices translate to increased activity? By James K. Weston, Sr. Mineral Law, August 2004 An analysis of drilling permit applications in the last year does not reflect the kind of increase in production activity one might expect in light of record increases in the price of oil, at this writing nearly $44 per barrel.
Illinois enacts new tax shelter legislation By John B. Truskowski State and Local Taxation, October 2004 On July 30, 2004, Governor Blagojevich signed Senate Bill 2207 (Public Act 93-0840), which includes three sets of new tax shelter provisions that are now added to the Illinois Income Tax Act. 35 ILCS 5/101 et seq.
Illinois enacts Right to Breastfeed Act By Michael R. Lied Labor and Employment Law, November 2004 On August 16, 2004, the Illinois Right to Breastfeed Act became effective.
Illinois Industrial Commission case status information now available online By Amy Masters Workers’ Compensation Law, June 2004 The Illinois Industrial Commission recently introduced a new online feature allowing access to open case status information available seven days a week.