Section Newsletters

Articles From 2009

Estate planning in a low-interest-rate environment By Jesse T. Coyle Trusts and Estates, April 2009 This article discusses the mechanics of techniques such as intra-family loans, SCINs, installment sales to grantor trusts, GRATs, CLATs and charitable gifts of personal residence remainders, and how they flourish in a low-interest environment.
Estate tax issues: ISBA’s Section of Federal Taxation liaison meeting with legislative aides, May 6 & 7, 2009 Federal Taxation, December 2009 The debate surrounding the estate tax no longer focuses on eliminating the tax in total. 
Ethics and Judicial Independence By Hon. Thomas R. Fitzgerald Administrative Law, December 2009 A speech given by Illinois Chief Justice Thomas R. Fitzgerald at Elmhurst College on October 2, 2009
Ethics and Judicial Independence By Hon. Thomas R. Fitzgerald General Practice, Solo, and Small Firm, December 2009 I would like to talk to you today about a topic that is important to me, as a judge, and important to all of you as citizens of this State and this Country.
Ethics and Judicial Independence By Hon. Thomas R. Fitzgerald Bench and Bar, December 2009 A speech given by Illinois Chief Justice Thomas R. Fitzgerald at Elmhurst College on October 2, 2009
Ethics corner By Donald L. Shriver Trusts and Estates, July 2009 If you have blown the Statute of Limitations, the 1st District says just extend it to meet your own needs.    
Ethics corner: Careful with capacity By Sara Siddiqi Trusts and Estates, September 2009 ACTEC commentary on clients with diminished capacity, specifically Model Rule of Professional Conduct (MRPC) 1.14, provides additional guidance to the estate planning practitioner. Specifically, the commentary provides advice on how to address the various disability determinations that a lawyer may encounter: a client whose testamentary capacity is uncertain, borderline, or doubtful.
The ethics of fee sharing in tort law cases By Albert E. Durkin Tort Law, October 2009 In the field of plaintiff personal injury litigation, a substantial amount of business is received on a referral basis. Tort practitioners commonly are referred cases from fellow lawyers who do not practice in that chosen field.  
Evaluating bulk sales liability in real estate transactions By Larry N. Woodard Real Estate Law, January 2009 This article is intended to provide a real estate attorney with basic information to quantify the risk of bulk sales liability to its purchaser client so both the client and attorney can evaluate the legal and business ramifications in purchasing real estate with potential bulk sale burdens.
Evidence of negligence may not preclude summary judgment in an unavoidable accident By Kimberly L. Dahlen Civil Practice and Procedure, March 2009 The court found that the trial court’s granting of summary judgment for the defendants was proper.
The evolution of business districts By Kathleen Field Orr Local Government Law, June 2009 Local governments bear so much of the burden of the economic decline, its powers to participate in the efforts to restore economic viability should be strengthened.
An examination of lease subordination issues in an economic downturn By David J. Alexander Real Estate Law, April 2009 If negotiating a lease as a tenant, tenant’s counsel or tenant’s broker, be certain that the basic language regarding subordination, non-disturbance and attornment is present and clearly stated so as to ensure that the tenant is adequately protected.
Exciting changes to guardianship law: ISBA Legislative Proposal 96-15 By Margaret C. Benson Child Law, September 2009 An overview of ISBA legislative proposal 96-15, designed to clearly define when granting and terminating a guardianship is appropriate. 
Executive bonuses By Douglas A. Darch Employee Benefits, December 2009 When an executive leaves her position midway through the performance measurement period for an annual bonus, is she entitled to a pro-rata share of the annual bonus?
Expanded liability for sexual harassment in Illinois By Kenneth W. Gage & Laura R. Feldman Labor and Employment Law, June 2009 On April 16, 2009, the Illinois Supreme Court expanded Illinois employers’ exposure to damages for sexual harassment and distinguished Illinois law from federal law.
“Explicit” waivers of foreign sovereign immunity need not explicitly refer to courts of the United States By Mark E. Wojcik International and Immigration Law, April 2009 In Capital Ventures International v. Republic of Argentina, the U.S. Court of Appeal for the Second Circuit had to decide “whether the Republic of Argentina explicitly waived its sovereign immunity from suit in the United States as to claims relating to bonds issued by Argentina under German law.”
Exploring visitation rights and needs for children of non-marital families: Part I By Nicole Onorato & Karen Bowes Child Law, March 2009 The first in a two-part series looking at how children from non-marital families can establish and maintain relationships with their parents.
Exploring visitation rights and needs for children of non-marital families: Part II By Nicole Onorato & Karen Bowes Child Law, June 2009 The second in a two-part series looking at how children from non-marital families can protect their right to establish relationships with their parents.
Extension of IRC Section 1031: ISBA’s Section of Federal Taxation liaison meeting with legislative aides, May 6 & 7, 2009 Federal Taxation, December 2009 There is a strong link between historic preservation, economic development, housing, and jobs. Abandoned and underutilized historic buildings are often located in some of the nation’s most disinvested communities. 
Extra work is extra work By Raymond A. Fylstra Government Lawyers, December 2009 On August 17, 2009, Governor Pat Quinn signed one of the most sweeping revisions of the Illinois Freedom of Information Act (5 ILCS 140/1) (the “Act”) since it was adopted in 1983.
Extra work is extra work By Raymond A. Fylstra Corporate Law Departments, September 2009 Many formal construction contracts explicitly state that extra or additional work must be authorized by a written change order signed by the owner. Although there are some exceptions, such clauses normally will be enforced if they are clear.
Family treatment court By Hon. Michael D. Clary Bench and Bar, October 2009 At a meeting with social workers and others involved in child neglect cases to discuss the DCFS Permanency Enhancement Initiative, the topic of drug-addicted parents and the high frequency of termination of parental rights in those cases came up. The consensus of opinion was that these cases are particularly challenging and frustrating for everyone involved.
Farewell, Friend By David Clark Legal Technology, Standing Committee on, July 2009 Remembering retired 10th Circuit judge James McNabb Bumgarner, who died April 3 at age 89 in his Port St. Lucie, Fla., home.
Farm Aid 2009 By Jeffrey A. Mollet Agricultural Law, August 2009 Originated in 1985 in response to the farm crisis, Willie Nelson, Neil Young and John Mellencamp have continued to use their fame as a bully pulpit for the agricultural community.
Fed Tax Section to Capitol Hill, Washington D.C. By Leonard S. DeFranco Federal Taxation, March 2009 The Federal Tax Section Council is planning another trek to visit with members of Congress.
Federal caselaw update By David R. Shannon Employee Benefits, December 2009 The DOL has filed amicus briefs in the following cases.
Federal caselaw update Employee Benefits, September 2009 Recent cases of interest to employee benefits attorneys.
Federal caselaw update Employee Benefits, June 2009 Recent cases of interest to employee benefits attorneys.
Federal Financial Regulatory Reform: What it means for Insurance Companies Insurance Law, December 2009 On June 17, 2009, the U.S. Treasury Department released the Obama Administration’s framework for financial regulatory reform.
Federal labor law preempts Illinois antitrust claim By Michael R. Lied Labor and Employment Law, September 2009 A summary of the case of Smart v. Local 702 International Brotherhood of Electrical Workers.