Articles From 2007 | Illinois State Bar Association

Recent legislation By J.A. Sebastian & Paul E. Freehling Administrative Law, September 2007 On August 21, 2007, Public Act 95-321 (SB29) became law.

Recent SEC enforcement of environmental financial disclosure By E. Lynn Grayson & Stephanie M. Ailor Corporate Law Departments, September 2007 In the past few months, the SEC has resolved a number of pending actions against corporate executives accused of engaging in improper environmental financial reporting.

Recent traffic cases By James J. Ahern & Thomas M. Moran Traffic Laws and Courts, December 2007 The trial court has authority to order that bond funds be used to provide restitution notwithstanding the fact that the bond is posted by someone other than the defendant.

Reflections on 50 years of practice By Hon. Roger W. Eichmeier Bench and Bar, June 2007 The commencement of the 50th year from graduation from law school, obtaining your first job, and being admitted to the bar bring reflection on your career and the changes over that time.

Regulating the acronyms: GRAT, GRUT, QPRT, CRAT and CRUT By Gregg M. Simon Trusts and Estates, October 2007 The IRS proposed rules for determining the extent to which a trust in which the grantor has retained the use of property or the right to an annuity, unitrust, or other income payment for life, for any period not ascertainable without reference to the Grantor’s death, or for a period that does not in fact end before the Grantor’s death, is includible in the Grantor’s gross estate under IRC §2036. Prop. Reg. §20.2036-1, Prop. Reg §20.2039-1.

Regulatory Directory—Illinois Division of Oil and Gas Mineral Law, June 2007 We thought it might be helpful to publish a directory of regulatory officials overseeing the oil and gas industry in Illinois.

Related-party exchange approved By Gary R. Gehlbach Real Estate Law, August 2007 In the August 2006 issue of this publication, I outlined a procedure for a related party tax-deferred exchange, actually sanctioned by Congress (Vol. 52, No. 1).

Remote access technology for your law practice By James A. McKenna Legal Technology, Standing Committee on, November 2007 Remote access is the ability to retrieve and utilize electronically-stored information—including Word/Excel/PowerPoint documents, litigation databases, and scanned images—from a location outside the office.

Removal in parentage cases after Fisher v. Waldrop By Nanette A. McCarthy & Carol Jones Family Law, January 2007 Joan and Richard had one child—Samantha—during their relationship.

Repetitive trauma, date of accident and travel expenses for seeing treater By Richard D. Hannigan Workers’ Compensation Law, March 2007 In a Rule 23 Order filed on October 3, 2006, the Appellate Court dealt with the issue of repetitive trauma, date of injury, and travel expenses.

Report on ABA House of Delegates Annual Meeting By Gina M. Arquilla Young Lawyers Division, October 2007 The House of Delegates of the American Bar Association met on August 13-14, 2007 in San Francisco.

Report on Annual Gertz Award Luncheon By Richard L. Hutchison Human and Civil Rights, January 2007 The Gertz Award presentation was made at a luncheon in December.

Reppert v. Southern Illinois University—employment contracts and the Freedom of Information Act By Lisle A. Stalter Government Lawyers, December 2007 There are surprisingly few cases discussing the Freedom of Information Act1 and its exceptions—particularly when it comes to personnel files.

Residency rule for judges is unconstitutional: Madigan By Alfred M. Swanson, Jr. Bench and Bar, February 2007 Attorney General Lisa Madigan has opined that once circuit judges elected from a single county or subcircuit are retained in a circuit-wide election, they are no longer required to live within the boundaries of the county or subcircuit from which they were initially elected.

Respondents must meet their obligations in vocational rehabilitation By Kevin S. Botha Workers’ Compensation Law, March 2007 The Commission unanimously affirmed and adopted Arbitrator Tobin’s decision on review in Allen Lemme v. Monterey Coal Company, 06IWCC0967 (2006).

Restorative justice—Restoring the peace By Judge Sophia H. Hall Bench and Bar, November 2007 Restorative justice is a little-known alternative to litigation, arbitration, and mediation.

Retainers in dissolution of marriage actions By Michelle Lawless & Patrick Ryan Family Law, July 2007 The recent Illinois Supreme Court ruling in Dowling v. Chicago Options Associates, Inc., et al., clarifies that attorneys have a third option when considering the type of written retainer agreement to enter into with a client.

Retaliation: How to prove it, How to avoid it. Attorney’s Perspective – Plaintiff By Lori D. Ecker Labor and Employment Law, June 2007 In cases where the plaintiff claims that she was retaliated against for exercising her rights under the ADEA, the usual common law tort damages, such as emotional distress, may be recovered. The same is true for retaliation cases under the Fair Labor Standards Act. The expectation is that the same would hold true for retaliation claims under the FMLA, although there do not appear to be any Seventh Circuit decisions on point.

Rethinking divorce through collaborative practice By Samia Zayed Family Law, August 2007 By now it is no surprise to most people that 50 percent of all marriages in the United States end in divorce.

Revenue Department: No charitable exemption for Provena Covenant Medical Center By Fred Lane State and Local Taxation, February 2007 The Illinois Department of Revenue recently issued a decision which could affect the property tax status of hospitals and nursing homes throughout the state.

A review of the 26th Annual State and Local Taxation Conference of the National Conference of State Tax Judges By Judge Alexander P. White State and Local Taxation, December 2007 The 26th Annual State and Local Taxation Conference of the National Conference of State Tax Judges (NCSTJ) convened on September 27-29, 2007, in Cambridge, Massachusetts. Fifty state tax judges convened at the Sheraton Commander Hotel, two blocks from the headquarters of the Lincoln Institute, which is located on Brattle Street, in a mansion located next to the Henry Wadsworth Longfellow Museum and two blocks from Harvard Yard.

Rhetoric aside, most First Amendment claimants lose By Tony Mauro Human and Civil Rights, September 2007 WASHINGTON — “Where the First Amendment is implicated, the tie goes to the speaker, not the censor.”

Rights of veterans and duties of employers under federal and Illinois law By Joshua M. Grenard Corporate Law Departments, June 2007 As the Global War on Terror continues in both Iraq and Afghanistan, civilian-soldiers of the Reserve and National Guard are being deployed on a historic scale with the effects being felt not only by the soldiers themselves, but also family members and employers.

Roberson and West Cab Co., contrasted rulings regarding employer/employee relationships By John W. Powers Workers’ Compensation Law, December 2007 This year, the Supreme Court and Appellate Court issued significant decisions addressing the employer/employer relationship.

The role of attorney-accountants in administrative state and local tax proceedings By Julie-April Montgomery Administrative Law, November 2007 Your company just received a sales tax notice of tax liability from the Illinois Department of Revenue for hardware sold to a Chicago company along with the lease of various software packages that are both customized and canned.

The role of attorney-accountants in administrative state and local tax proceedings By Julie-April Montgomery State and Local Taxation, September 2007 Your company just received a sales tax notice of tax liability from the Illinois Department of Revenue for hardware sold to a Chicago company along with the lease of various software packages that are both customized and canned.

The role of regression analysis in class certification decisions in antitrust cases By Jeff Dorman February 2007 The combined effects of the massive potential liability presented by an antitrust class action and the prohibition of a cross-claim for contribution has made class certification decisions in antitrust cases virtually outcome determinative.

A Rule 23 decision with something for everyone By Richard D. Hannigan Workers’ Compensation Law, June 2007 This particular case was appealed on the issue of the nature and extent of the injury.

The saga of admissibility of vehicular post-collision photographs continues By Stephen C. Buser Civil Practice and Procedure, March 2007 The First District Appellate Court decided nearly four years ago in Dicosola v. Bowman, 342 Ill.App. 3d 530, 794 N.E. 2d 875, 276 Ill.Dec.625 (1st Dist. 2003) that vehicular post-collision photographs were not admissible in automobile accident litigation absent expert testimony.

The saga of LexisNexis By Hon. Alexander P. White State and Local Taxation, June 2007 In 1968, a decision was made by Mead Paper Company (“Mead”), headquartered in New York City, to expand its paper production and written communication operations to include the electronic transfer of information.