Section Newsletters

Articles From 2008

Message from the Chair By Lewis F. Matuszewich International and Immigration Law, February 2008 A message from Section Chair Lew Matuszewich.
Message from the Chair By Lewis F. Matuszewich International and Immigration Law, January 2008 A message from Section Chair Lew Matuszewich.
Message from the Chair By Gregory A. Scott Family Law, January 2008 As 2007 comes to a close and 2008 begins it is a good time for all attorneys, especially family law attorneys, to step back and examine the previous year before and hopefully refresh once again their desire to continue to practice law in the field of Family Law.
Mexico helps reduce transportation costs: The Ciudad Juárez-El Paso metro area is the ideal location By Humberto Guerrero International and Immigration Law, December 2008 High oil prices are indeed affecting U.S. and non-U.S. companies around the world. A U.S. company that manufactures a product 7,000 miles away from home is definitely running into cost problems due to the unprecedented high transportation costs.
Michele Jochner’s guidelines for writing effective ALJ opinions By Paul E. Freehling Administrative Law, February 2008 Michele Jochner, law clerk to Illinois Supreme Court Justice Charles E. Freeman, spoke to the Chicago Bar Association Administrative Law Judges Committee on December 10, 2007 about how to write effective opinions.
The Miller case: Custody dispute—Limiting the number of witnesses—Proper offer of proof By Charles R. Winkler Family Law, January 2008 Dustin Miller and his wife Bethany were engaged in a custody dispute. In February of 2004 a hearing took place in Quincy, Illinois and Dustin won.
Minimal property damage as evidence of non-injury By John B. Kincaid Civil Practice and Procedure, December 2008 Despite the youth of the century, the Twenty-First has already spawned six cases from four Appellate Court districts dealing with defense efforts to establish lack of plaintiff’s injury by showing minimal vehicle contact.
More parents for more children: The modernization of adoption By Joseph F. Emmerth Child Law, January 2008 The Adoption Act directs the court to “liberally construe” its provisions; plain and simple, this means that the statute should apply to more cases and situations than it otherwise would if construed strictly.
Motions attacking motions: A plea to end the violence By Anthony Longo Civil Practice and Procedure, March 2008 The author suggests that next time we are vexed by another party’s motion, we should remember IRMO Sutherland and Wolff and resist the urge to move to strike or dismiss. Such a motion is a nullity and unnecessarily clogs the motion calendars of the circuit court.
Motions to stay pending appeal in custody cases By Matthew A. Kirsh Family Law, November 2008 As most practitioners know, the conclusion of a contested custody trial is not, by a long shot, the end of the litigation.
Motions to vacate guilty plea after license suspension by Secretary of State By Rachel J. Hess Traffic Laws and Courts, December 2008 This article addresses the practical use of the ‘2-1401’ motion to vacate a guilty plea.
Musicians’ message to politicians: “Hold On”—Artists fear unauthorized use of songs on campaign trail equals endorsement By Steven L. Baron & Lindsay H. LaVine Intellectual Property, May 2008 “Hold On, I’m Comin.’” “More Than a Feeling.” “Soul Man.” What do these songs have in common, other than upbeat tempos and catchy lyrics? Their songwriters have objected to presidential candidates’ use of their copyrighted material.
The mutually beneficial relationship between the Section Council and the Consulates By Cindy G. Buys International and Immigration Law, December 2008 The ISBA Section on International and Immigration Law has for many years held some of its meetings at Consulate Generals of various nations.
National Association of Women Lawyers: 2007 Survey of the Status of Women in Law firms By E. Lynn Grayson Women and the Law, June 2008 On February 19th, the ISBA Women and the Law Committee co-sponsored a National Conference of Women’s Bar Associations’ (“NCWBA”) program titled “A Closer Look: NAWL’s 2007 Survey of Women in Law Firms.”
Nationwide review of the Centers for Medicare & Medicaid Services Health Insurance Portability and Accountability Act of 1996 oversight by Office of Inspector General, Department of Health and Human Services Health Care Law, December 2008 On August 21, 1996, Congress enacted P.L. No. 104-191, the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Sections 261 and 262 of HIPAA established national standards that protect the confidentiality and integrity of electronic protected health information (ePHI) while it is being stored or transmitted between entities.
Navigating an unemployment claim By Melissa Schroeder & Lisa Collins Law Office Management and Economics, Standing Committee on, May 2008 The purpose of this article is to provide the general practitioner with a primer on procedures pertaining to the Illinois Department of Employment Security, unemployment hearings and the issues that surround them when terminating an employee.
Navigating the Employment Eligibility Verification Process (Form 1-9) By Kevin Raica International and Immigration Law, July 2008 For over two decades, employers have been required to verify that the people they hire are legally authorized to work in the United States.
Navigating the Employment Eligibility Verification Process (Form I-9) By Kevin Raica Law Office Management and Economics, Standing Committee on, May 2008 This article clarifies the I-9 process and provides you with a step-by-step guide to I-9 completion.
Navigating the short sale By Adam B. Whiteman Real Estate Law, October 2008 Your client has fallen behind in his mortgage payments and is served with a foreclosure complaint.
Negotiating separation agreements By Michael R. Lied Business and Securities Law, January 2008 Employers frequently seek to avoid or resolve litigation related to terminating an employee by having the other party sign a release or waiver.
NEPA and the economic impacts of biotechnology on the food-feed supply chain By A. Bryan Endres & Thomas P. Redick Agricultural Law, September 2008 A brief summary of recent developments in agricultural biotechnology.
New changes to IRC rules on vacation-second homes and 1031 Exchanges By Stephen A. Wayner & Claudia Kiernan Real Estate Law, April 2008 Most tax practitioners serve clients who own vacation-second homes.
New construction dilemma / Ethical issue scenario By Robert Duffin & Myles Jacobs Real Estate Law, December 2008 An owner of a large lot located in a recorded subdivision desires to subdivide the lot into two lots and construct a residence on each lot.
New decisions highlight employer duties under Family & Medical Leave Act By Mandy Combs Labor and Employment Law, December 2008 Two decisions issued this month by the U.S. Court of Appeals Chicago are focusing new interest on employers’ responsibilities under the Family & Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654.
New Education Laws (Part II) By Marcy Dutton & Phil Milsk Education Law, February 2008 The following legislative summary completes our comprehensive review of 2007 Illinois legislation concerning education.
New employment-based immigration regulations cause controversy By Tahani Afaneh International and Immigration Law, May 2008 The Bush Administration recently implemented controversial changes to employment-based immigration regulations.
New Federal Rule of Evidence 502 By William L. Niro Federal Civil Practice, December 2008 Federal Rule of Evidence (“FRE”) 502 will take effect December 1, 2008 and is intended to reduce the rising and expensive costs associated with document and electronically stored information (“ESI”) review by protecting against work-product immunity and waiver of the attorney-client privilege.
New guidance on Qualified Default Investment Alternatives clarifies regulations issued in 2007 By Brian M. Pinheiro & Samantha E. Massie Corporate Law Departments, June 2008 The U.S. Department of Labor (DOL) recently released subsequent guidance to the final qualified default investment alternatives (QDIA) regulations that were issued in October 2007.
New jury instruction regarding a deadlocked jury Civil Practice and Procedure, December 2008 In a large proportion of cases absolute certainty cannot be expected nor does the law require it.
New law adds remedies, enhances protections for DV victims By Sandra Blake Women and the Law, October 2008 “A life is not important except in the impact it has on other lives.” —Jackie Robinson