Scanning’s a snap with the Fujitsu ScanSnap!By Alan PearlmanLaw Office Management and Economics, Standing Committee on, May 2007The 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 engagementBy Myles Jacobs & Robert DuffinReal Estate Law, June 2007When one is retained to do legal work for a client, normally the scope of work to be done is reasonably clear.
Section Council to present CLE on assessing capacityElder Law, February 2007The 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 collateralBy Daniel KeganCommercial Banking, Collections, and Bankruptcy, December 2007Intellectual 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 secretsBy Steven L. Baron & Kristin L. LingrenIntellectual Property, January 2007The 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,CPABusiness Advice and Financial Planning, February 2007Your business has matured, or your real estate has appreciated, time to cash out and sell.
The Series LLCBy Jason BarickmanReal Estate Law, July 2007Business 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” doctrineBy Richard A. RussoLabor and Employment Law, August 2007In 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 jewelerBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, April 2007In 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 disorderBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, April 2007On 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 caseBy John C. MurrayCorporate Law Departments, November 2007In 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 tenancyBy Gary R. GehlbachReal Estate Law, September 2007In law school we learned about the creation of joint tenancies and the four unities: time, title, interest and possession.
Sexual orientation discrimination in the workplaceBy James E. Snyder & Hon. Reva S. BauchLabor and Employment Law, June 2007Imagine 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 simpleBy Derek P. UsmanFederal Taxation, January 2007Shareholders of a corporation taxed under Subchapter S of the Internal Revenue Code may elect a “pass-through” taxation system.
Simple steps to avoid perjury in will signingBy Eugenia C. HunterElder Law, June 2007The 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.
Smith v. City of Jackson: A hollow victory in age discrimination casesBy Kristi VetriElder Law, June 2007Two 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 deedBy Robert Duffin & Myles JacobsReal Estate Law, March 2007In 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 ARDCGovernment Lawyers, September 2007Between 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.
Spousal elections in Medicaid planningBy Martin W. SiemerElder Law, February 2007Elder 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. WojcikHuman and Civil Rights, January 2007One 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 unconstitutionalBy Jacob A. RamerInternational and Immigration Law, August 2007As 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 OpportunityBy Richard PaullinInternational and Immigration Law, March 2007In August 2005, the Illinois legislature created the Illinois Global Partnership (IGP) to promote and enhance international trade and economic development in the State.