Articles From 2007

Same-sex couples and the concept of de facto parents—Illinois vs. Washington State By Michael K. Goldberg General Practice, Solo, and Small Firm, March 2007 The demographic changes of the past century make it difficult to speak of an average American family.
Scanning’s a snap with the Fujitsu ScanSnap! By Alan Pearlman Law Office Management and Economics, Standing Committee on, May 2007 The days of talking about the paperless office have been here and gone—but one thing remains and that’s the fact that you need to have a good, reliable scanner to do the job for you!
The scope of an engagement By Myles Jacobs & Robert Duffin Real Estate Law, June 2007 When one is retained to do legal work for a client, normally the scope of work to be done is reasonably clear.
SEC Changes Proxy Disclosure of Equity Compensation: New rules made consistent with FAS 123R expense recognition By Stacy L. Powell Corporate Law Departments, February 2007 On December 22, 2006 the SEC released an unexpected alteration in the executive compensation proxy disclosure rules.
The second top 10 things they did not teach me in law school By Dennis A. Norden Business Advice and Financial Planning, May 2007 A list of 10 things the author has learned on the job.
Section Council to present CLE on assessing capacity Elder Law, February 2007 The Elder Law Section Council will present a full-day Continuing Legal Education seminar entitled Assessing the Capacity of an Estate Planning Client and Implications for Representation on April 6, 2007 in Chicago.
Securing and collecting intellectual property collateral By Daniel Kegan Intellectual Property, December 2007 Intellectual property has become a salient, yet confusing, asset in national and global business and financing.
Securing and collecting intellectual property collateral By Daniel Kegan Commercial Banking, Collections, and Bankruptcy, December 2007 Intellectual property has become a salient, yet confusing, asset in national and global business and financing.
Select Illinois case law on non-disclosure agreements and trade secrets By Steven L. Baron & Kristin L. Lingren Intellectual Property, January 2007 The following is a compilation of significant and/or factually interesting cases addressing issues that directly or indirectly affect the enforceability of nondisclosure agreements in Illinois.
Sell your company and pay no tax! By Richard M. Colombik, JD,CPA Business Advice and Financial Planning, February 2007 Your business has matured, or your real estate has appreciated, time to cash out and sell.
The Series LLC By Jason Barickman Real Estate Law, July 2007 Business owners, particularly those owning rental real estate or small businesses, often organize limited liability companies (LLCs) to own assets and insulate them from personal liability.
Seventh Circuit clarifies “cat’s paw” doctrine By Richard A. Russo Labor and Employment Law, August 2007 In Brewer v. Board of Trustees of University of Illinois, the Seventh Circuit Court of Appeals clarified the law regarding the “cat’s paw” doctrine.
Seventh Circuit enforces tariff non-liability rule against jeweler By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2007 In Trieber & Straub, Inc. v. United Parcel Service, Inc., 474 F.3d 379 (7th Cir., 1/9/07), the United States Court of Appeals for the Seventh Circuit both affirmed and modified a summary judgment entered by the U.S. District Court for the Eastern District of Wisconsin in favor of the United Parcel Service (“UPS”) in an action where jeweler Trieber sued UPS for the loss of a diamond ring in transit in UPS’ air freight service.
Seventh Circuit rejects Disabilities Act claim in driver termination for a blood pressure disorder By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2007 On March 21, 2007, the U.S. Court of Appeals for the 7th Circuit in Chicago affirmed a summary judgment from the U.S. District Court for the Eastern District of Wisconsin in Equal Employment Opportunity Commission v. Schneider National, Inc., No. 06-3108.
Seventh Circuit rules for lender in River East Plaza case By John C. Murray Corporate Law Departments, November 2007 In River East Plaza, L.L.C. v. The Variable Life Annuity Co., 2006 WL 278483 (N.D. Ill. Sept 22, 2006), the borrower, a major commercial and real estate developer, entered into a $13 million, 20-year mortgage loan (amortized at a 28-year schedule, with a balloon) in 1999.
Severing a tripartite joint tenancy By Gary R. Gehlbach Real Estate Law, September 2007 In law school we learned about the creation of joint tenancies and the four unities: time, title, interest and possession.
Sexual orientation discrimination in the workplace By James E. Snyder & Hon. Reva S. Bauch Labor and Employment Law, June 2007 Imagine being called into your employer’s boardroom and being told: “You’re a great employee, but you’re gay, so...you’re fired!” Federal law does not prohibit this kind of conduct by the employer. And in 33 states it is not an unlawful employment practice. In Illinois and 16 other states and the District of Columbia, however, it is illegal for an employer to fire an otherwise competent employee because of his or her sexual orientation.
Shareholder loans made simple By Derek P. Usman Federal Taxation, January 2007 Shareholders of a corporation taxed under Subchapter S of the Internal Revenue Code may elect a “pass-through” taxation system.
Should the origination of a vertical restraint be relevant to its legality? By Blake L. Harrop February 2007 Over the last decade, the antitrust laws’ restrictions on vertical restraints have come under increased criticism from both the judicial and economic communities.
Simple steps to avoid perjury in will signing By Eugenia C. Hunter Elder Law, June 2007 The article titled, “Do Witnesses of a Will Commit Perjury?” by Michael H. Erde in the June, 2006, Elder Law Section Council Newsletter prompted me to describe the will execution procedure in my office which I suggest would avoid the potential problems about which Mr. Erde writes.
Six rules of Illinois Civil Practice that you should know to impress your supervising partner By Howard W. Anderson, III Young Lawyers Division, December 2007 My first-year torts professor once pronounced in class that what separates the lawyer from the layperson is that the lawyer not only knows what the law “is,” but also how to “do” law.
Smith v. City of Jackson: A hollow victory in age discrimination cases By Kristi Vetri Elder Law, June 2007 Two years ago, a sharply divided U.S. Supreme Court, by a vote of 5-3, made it easier for employees to bring lawsuits under the Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, 81 Stat. 602 (Dec. 15, 1967), codified as Chapter 14 of Title 29 of the United States Code, 29 U.S.C. § 621 through 29 U.S.C. § 634 (ADEA) by holding that they may bring disparate impact claims under the Act.
Solving the problem of the over-inclusive deed By Robert Duffin & Myles Jacobs Real Estate Law, March 2007 In the fact situation presented last month, the trustee suggested that the deed be rerecorded to delete any reference to the metes and bounds description in order to solve the ambiguity. All too often this approach is used and causes many problems.
Someone You Should Know—Meet Jerry Larkin, Administrator of the ARDC Government Lawyers, September 2007 Between February 1, 1973, and March 16, 2007, the ARDC was led by only three Administrators; on March 19, 2007, Jerry Larkin took over the corner office as the fourth lawyer in Illinois to hold that title.
South Africa: Transformed by truth and democracy By Gino Betts, Jr. Racial and Ethnic Minorities and the Law, October 2007 The author shares his insights after his trip to Cape Town.
Spotlight on women in ISBA leadership: A conversation with ISBA Board Member Michele Jochner By Sandra Crawford Women and the Law, November 2007 One of the goals of the Women and the Law Committee, through its quarterly newsletter, is to share with our readers information about women in leadership positions within and outside of the ISBA.
Spousal elections in Medicaid planning By Martin W. Siemer Elder Law, February 2007 Elder law practitioners experienced in Medicaid planning should be familiar with the spousal impoverishment provisions of the Medicaid program.
Starting the debate: Should Illinois have same-sex marriage or civil unions? By Mark E. Wojcik Human and Civil Rights, January 2007 One of the most contentious national political issues is whether to recognize same-sex marriages, deny same-sex marriages, or create some sort of “compromise” that falls short of using the word “marriage,” but yet purports to grant a large number of tangible legal benefits to same-sex couples and their children.
State money and foreign policy: Illinois Sudan Act ruled unconstitutional By Jacob A. Ramer International and Immigration Law, August 2007 As the world struggles to deal effectively with the genocide in Darfur that has claimed an estimated 200,000 lives and displaced 2.5 million people, and the United States government seeks its own calculated response, several states have begun taking their own measures to protest the conflict and humanitarian disaster.
State of the World – Center of Opportunity By Richard Paullin International and Immigration Law, March 2007 In August 2005, the Illinois legislature created the Illinois Global Partnership (IGP) to promote and enhance international trade and economic development in the State.