Section Newsletters

Articles From 2006

Planning for business disputes and financial difficulties: Asset protection for shareholders By Robert C. Knuepfer & David F. Rolewick Business and Securities Law, June 2006 The topic of “Asset Protection” has become a “hot item” in estate and business planning literature in recent years, fueled by the failure of publicly traded companies, shareholder actions against officers and directors and S.E.C. actions against officers and directors of publicly traded companies as well as the ever present willingness of members of our society to blame others for their misfortune and to find attorneys willing to litigate the point.
Playing by the rules has its advantages By Jamie L. Bas Young Lawyers Division, October 2006 If you go through your mail and find a document called a Request to Admit Facts, make sure you carefully read Illinois Supreme Court Rule 216, which governs this document.
The pledge in French secured transaction law: Creditors’ most favored security By Sac’i Nakano International and Immigration Law, January 2006 The history of secured transactions in France goes back to Roman law. The Romans had developed various ways to guarantee against insolvent debtors.
Police and fire pension disability issues: Part I By Richard J. Reimer Local Government Law, April 2006 This is part 1 of a two-part article. Part 2 will be published in the May 2006 issue of this newsletter.
Police and fire pension disability issues: Part II By Richard J. Reimer Local Government Law, May 2006 This is part 2 of a two-part article. Part one was published in the April 2006 issue of this newsletter.
Pollution Control Board rules, January 2006 By Kathleen M. Crowley & Marie E. Tipsord Environmental and Natural Resources Law, May 2006 The normally somewhat staid subject of rulemaking before the Illinois Pollution Control Board became Chicago Tribune front-page news January 5, 2006.
Practice Alert: Contingencies By Matt Maloney General Practice, Solo, and Small Firm, June 2006 Have you considered "partial disability" as part of your practice's disaster-preparedness plan?
Practice Alert: Home repair and remodeling contractors beware! By H. Allen Yow General Practice, Solo, and Small Firm, March 2006 Attorneys representing clients engaged in the home repair and remodeling business need to be aware of the recent decision from the Third District Appellate Court of Illinois, Central Illinois Electrical Services, LLC v. Slepian, and the provisions of the Home Repair and Remodeling Act.
Practice and procedure before the Property Tax Appeal Board By James W. Chipman Local Government Law, January 2006 This article provides an overview of practice and procedure before the State of Illinois Property Tax Appeal Board, highlighting some of the statutes and rules that govern the PTAB’s operation.
Practice tip: Dealing with difficult clients By Elizabeth A. Teague General Practice, Solo, and Small Firm, February 2006 They are the ones that make you want to tear your hair out and can break your heart at the same time.
Practice Tip: Deducting care costs By Nancy R. Larson Elder Law, November 2006 Deducting care costs as a medical expense on a U.S. 1040 Federal Income Tax Return helps soften the blow of the cost for the client.
Practice tip: Divorce practitioners beware: “non-modifiable” clause in judgment for dissolution not binding on court where support is unallocated By Mary Katherine Danna General Practice, Solo, and Small Firm, February 2006 In a dissolution of marriage action, there are several options for styling and structuring any resulting support obligations payable by one party to the other.
Practice Tip: Know your client before you meet—Intake forms fill need By Lisa Olivero General Practice, Solo, and Small Firm, November 2006 Over time the author has developed a short form that she now presents to potential clients when they appear for their initial consultation and before their first meeting.
Practice tip: The importance of timely communications By Susan M. Brazas General Practice, Solo, and Small Firm, March 2006 It’s a good problem to have: a staggering number of telephone calls, e-mails, referral letters, and curbside chats with people wondering whether they need a lawyer.
Practice tips: Interviewing techniques for young children By Kathryn Bischoff Child Law, December 2006 At the recent guardianship seminar sponsored by this section council one of the participants suggested additional training that would include interviewing techniques for children.
Practice Update: Who is your client? What document can you disclose By Bernard Wysocki General Practice, Solo, and Small Firm, October 2006 From a practical standpoint, it is important when you see a potential third party involvement, to secure written retainer and defining your representation.
Pre-trial dismissal based on other affirmative matter: An open invitation has its limits By David H. McCarthy Civil Practice and Procedure, January 2006 An examination of the use and abuse of section 2-619(a)(9) and how its misuse might be controlled.  
Preparing for an expedited appeal in child custody cases By Stacey Mandell Child Law, September 2006 On July 1, 2004, the Illinois Supreme Court adopted Rule 306A, which established expedited appeals procedures in child custody cases.
Preserving medical evidence and testimony for trial By Belle Lind Gordon Family Law, October 2006 The rules of evidence in the State of Illinois apply equally to medical malpractice cases, personal injury cases, workman’s compensation cases, and domestic relations cases.
Pro bono corner By Michael G. Bergmann Child Law, September 2006 Each newsletter, this section will provide information on pro bono opportunities available throughout the State of Illinois that focus on children.
Probate trademarks: death, reincarnation, and survival of intellectual property rights By Daniel Kegan Intellectual Property, October 2006 It was a dark and stormy night when the dame appeared in the doorway of Mark Trade,™ intellectual property investigator.
Probate Update: Recent case decisions By James F. Dunneback General Practice, Solo, and Small Firm, October 2006 In Lurie v. Commissioner, 425 F.3d 1021, the decedent had established a complex estate plan intending for his extensive estate of about $130,000,000 to pass to his wife and children.
Professionalism and the need for civility By Justin Heather Young Lawyers Division, April 2006 Have you heard the one about the priest, the rabbi, and the lawyer stranded in a raft in shark-infested waters?
Profile of Judge Mark Filip By Travis J. Ketterman Federal Civil Practice, March 2006 Growing up in Chicago, Mark Filip felt inspired to attend law school based, in large part, on the Greylord scandal.
Promissory estoppel: Shield or sword? By Russell W. Hartigan & Victoria R. Benson Civil Practice and Procedure, February 2006 According to the court’s majority in the Fifth District’s decision of DeWitt v. Fleming, promissory estoppel may be used as a defense but not as a cause of action.
Proper exhaustion of administrative remedies? By Patti Gregory-Chang Administrative Law, August 2006 The majority of the Justices on the Supreme Court of the United States recently declared that an appellant must PROPERLY exhaust administrative remedies before pursuing a claim in Federal Court. Woodford v. Ngo, 126 U.S. 2378 (2006).
Proposed amendments to the Investment Canada Act By Cliff Sosnow International and Immigration Law, January 2006 This past summer, the Minister of Industry announced intended amendments to Canada’s foreign investment review legislation, the Investment Canada Act (ICA), that if permitted to become law would allow the government to modify or disallow foreign investments when the government believes they may compromise Canada’s national security.
Proposed rule provides employer guidance on Social Security “No-Match” letters By Michael R. Lied Labor and Employment Law, August 2006 Employers annually send the Social Security Administration (SSA) millions of earnings reports (W-2 Forms) in which the combination of employee name and social security number (SSN) does not match SSA records.
Protecting ‘Works of the Human Spirit’ worldwide By Caitlyn McEvoy International and Immigration Law, August 2006 The World Intellectual Property Organization (WIPO) is one of the many agencies of the United Nations headquartered in Geneva, Switzerland. Its main objective is to protect and promote the use of intellectual property, deemed as “works of the human spirit.”
Public employees’ free speech rights By John H. Brechin Local Government Law, July 2006 The United States Supreme Court on May 30, 2006, issued its decision in Garcetti v. Ceballos involving the question of whether the First Amendment protects a government employee from discipline based on speech made pursuant to and in the course of the employee’s official duties. Ceballos was a Los Angeles County Deputy District Attorney who exercised supervisory responsibilities over other lawyers.