New legislationBy Steve BakerTraffic Laws and Courts, February 2008Amends the Criminal Code of 1961. Provides that in cases involving reckless homicide in which the defendant unintentionally kills an individual while driving in a posted school zone or in a construction or maintenance zone, the trier of fact may infer that the defendant’s actions were performed recklessly where he or she was also either driving at a speed of more that 20 miles per hour in excess of the posted speed limit or violation the DUI provisions of the Illinois Vehicle code.
New MDDP rulesBy Edward M. MaloneyTraffic Laws and Courts, September 2008Starting January 1, 2009, Judicial Driving Permits will go the way of the dinosaur having been destroyed by the MADD comet.
New proposed amendments to Rules 26 and 56 of the Federal Rules of Civil ProcedureBy William J. BrinkmannFederal Civil Practice, December 2008A preliminary draft of proposed Amendments to the Federal Rules of Practice and Procedure has been submitted for public comment by the Administrative Office of the US Courts. Comments are due by Feb. 17, 2009.
New rules for vacancies in municipal officesBy Jenette M. SchwemlerLocal Government Law, January 2008House Bill 962 amends the Illinois Municipal Code provisions regarding eligibility for election or appointment and vacancies in elective offices.
New VA regulations regarding attorney fees and accreditationBy Steven C. PerlisElder Law, November 2008New VA regulations regarding attorneys’ fees and accreditation were released as a final rule by the Department of Veterans Affairs in the May 22nd Federal Register (73 FR 298520).
Newly codified standards for community association managers—Analysis and potential pitfallsBy Michael ZinkGeneral Practice, Solo, and Small Firm, April 2008Public Act 095-0318 sets forth for the first time standards by which compensated “community association managers,” typically employed by condominium associations, are to be measured. Proposed under HB 1071, P.A. 095-0318 was approved by the Governor on August 21, 2007.
Ninth Circuit rejects LePage’s and creates Circuit split on treatment of bundled discountsBy Jonathan L. LewisMarch 2008On February 1, 2008, the Ninth Circuit issued a superseding and amended opinion in an important case regarding the antitrust treatment of “bundled discounts”—that is, selling “a bundle of goods or services for a lower price than the seller charges for the goods or services purchased individually.”
NLRB modifies recognition bar ruleBy Michael R. LiedLabor and Employment Law, February 2008The time-honored way in which employees select a union representative has been through a secret ballot conducted by the National Labor Relations Board (the “Board”).
The no match letter—What employers need to knowBy Kevin Raica & Brent WikgrenLaw Office Management and Economics, Standing Committee on, June 2008This article guides employers through the no-match process by explaining the role of the SSA in issuing the no-match letter, the reasons for issuance of a no-match letter, and the timing and required response from employers under the current and proposed rules.
No need to panic about China’s new anti-monopoly lawBy Lei HongInternational and Immigration Law, January 2008China passed its first anti-monopoly law on August 30, 2007. The law goes into effect on August 1, 2008.
No railroad liability when auto’s driver hits a stopped train on dark, foggy nightBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, June 2008In Phillip Morris v. Illinois Central Railroad Company, No. 4-07-0816 (5/18/08), the Illinois Appellate Court for the Fourth District affirmed a trial court’s dismissal of a wrongful death claim arising from a January 1, 2004 incident where the plaintiff’s decedent crashed his car into an Illinois Central train that was stopped at a rail crossing at 7:04 p.m.
No reasonable juror should be allowed to view this videoBy Dan O’BrienGeneral Practice, Solo, and Small Firm, December 2008Justice Scalia uploaded the Supreme Court into the age of “You Tube” with the inclusion, for the first in the history of the Court, a video link in Scott v. Harris.
Nondisclosure agreements: A discussion with useful examplesBy Eugene F. Friedman, J.D.,Ph.D.Business Advice and Financial Planning, September 2008Nondisclosure agreements find use in a wide variety of situations including employment, business sales, joint ventures, and other cooperative efforts.
A note from the co-editorBy Mary Ann ConnellyState and Local Taxation, October 2008An introduction to the issue from Editor Mary Ann Connelly.
A note from the co-editorBy Mary Ann ConnellyState and Local Taxation, September 2008David J. Kupiec and Natalie Martin highlight the Illinois Department of Revenue proposed new and revised Illinois income tax regulations.
A note from the co-editorBy Mary Ann ConnellyState and Local Taxation, August 2008This edition of Tax Trends features a summary of the Illinois Department of Revenue proposed amendments to its existing (1) dealer incentive/rebate rules, (2) drive away vehicle rules and (3) Interim Use Rules by Stanley R. Kaminski.
A note from the co-editorBy Mary Ann ConnellyState and Local Taxation, July 2008This edition of Tax Trends features three case synopses by Timothy E. Moran, Section Council Member of State and Local Taxation.
A note from the Co-EditorBy Mary Ann ConnellyState and Local Taxation, May 2008This month’s Tax Trends features an recent United State Supreme Court Decision involving the issue of whether the “State of Illinois constitutionally taxed a share of capital gain realized by an out-of-state corporation on the sale of one of its business divisions.”
A note from the Co-EditorBy Mary Ann ConnellyState and Local Taxation, April 2008This edition of Tax Trends features the 2008 Illinois Department of Revenue Practitioners’ Meeting.
A note from the Co-EditorBy Mary Ann ConnellyState and Local Taxation, March 2008This edition of Tax Trends features an article by Stanley R. Kaminski, Co-Editor.
A note from the Co-EditorBy Mary Ann ConnellyState and Local Taxation, February 2008This edition of Tax Trends features three case summaries of recent Illinois Appellate decisions.
A note from the Co-EditorsBy Mary Ann ConnellyState and Local Taxation, January 2008Happy New Year! This year should be an exciting year for the State and Local Taxation Section Council. In our May 2007 issue of Tax Trends, Judge Alexander White authored an article entitled “The Saga of Lexis-Nexus.”
Nuts and Bolts seminar—A big successBy Jewel N. KleinAdministrative Law, December 2008Giving up a bright warm and sunny Saturday in October, almost 50 lawyers attended our Section Council’s seminar in Springfield entitled “Nuts & Bolts: Representing Your Client in Drivers Licensing Issues at SOS – 2008.”
Objecting to tax objectionsBy Walter J. Zukowski & Jacob FrostEducation Law, June 2008With the economy slowing, taxpayers are looking for non-traditional ways to reduce costs.
