Section Newsletters

Articles From 2009

Fee agreement essentials By John T. Phipps General Practice, Solo, and Small Firm, September 2009 With the adoption of the rule approving the sale of a solo practice, it became appropriate, especially for senior lawyers and solo practitioners, to insert a provision in fee agreements to cover what happens in the event of the unavailability of the attorney. Such a provision obtains the client’s consent to temporary substitution of an attorney and a limited confidentiality waiver.
Fifteen pages impracticable limit on administrative review By Jewel N. Klein Administrative Law, December 2009 Most of the judges in the Circuit Court of Cook County have a 15-page limit on briefs. When one challenges an administrative agency decision, the 15-page limit is impracticable.
Fifth Circuit rules manifest disregard no longer grounds to vacate By Jillian Ruggiero Alternative Dispute Resolution, May 2009 In light of last year’s ruling in the Hall Street case, the grounds listed in the FAA are the exclusive grounds to set aside an arbitration award and manifest disregard of the law as grounds for vacating an award “must be abandoned and rejected.”
The fine art of fine art investments By Jesse T. Coyle Trusts and Estates, April 2009 Investing in art can be an exciting opportunity for many individuals to make great profit, diversify a portfolio, and to add aesthetic beauty to an individual’s home. But as with all investments, engaging in the collection of art for investment purposes carries its own unique risks that should thoroughly investigated and evaluated.
First District limits liability of snow removal contractors By Stephen C. Buser Civil Practice and Procedure, February 2009 The First District Illinois Appellate Court has been busy for the last several years deciding when snow removal contractors may or may not be liable for claims arising from work performed involving the removal, pushing, and/or piling of snow.
First-grade reading teacher properly calculated AWW By Cameron B. Clark Workers’ Compensation Law, December 2009 In Washington District 50 Schools v. Illinois Workers’ Compensation Commission, 2009 WL 3366466 (Ill.App.3d Dist., October 16, 2009), the Illinois Appellate Court, in a case of first impression, found that the time for which a school teacher was retained to work defines her “employment” with regard to the calculation of her average weekly wage under Section 10 of the Act.
FMLA—Qualifying Exigency Leave & Military Caregiver Leave By Jasmine V. Hernandez Labor and Employment Law, December 2009 Embedded in the National Defense Authorization Act for FY 2008 (“NDAA”) is a military family leave statute. It grants covered military members’ families unpaid leave to manage qualifying exigencies resulting from a family member being on, or called to, active duty (“Qualifying Exigency Leave”), or to care for a family member with a serious injury or illness (“Military Caregiver Leave”).
FOIA requests—DOL Employee Benefits, September 2009 If you or your client needs a copy of the Form 5500 filed by a welfare plan or a pension plan it is better to go to the source. At <www.dol.gov/dol/foia> you will find instructions for making a FOIA request.
Follow-up on H-1B TARP By Sonya Som Administrative Law, April 2009 On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (“ARRA” or the “the Act”), a massive bill that allocates $789.5 billion in federal funds and tax cuts for a variety of initiatives in an effort to stimulate the economy.
Food fights in the Chicago trademark arena By Margo Lynn Hablutzel Intellectual Property, September 2009 Some foods inspire legions of fans, some of whom will go to great lengths to obtain their particular delicacy. Who can forget the episode of “M*A*S*H” where Hawkeye Pierce places a takeout order with Adam’s Ribs in Chicago and then arranges to have them delivered to the 4077?  
Force Majeure as a risk allocation tool By Mark A. Primack, Stanley R. Weinberger, & Michael D. Kim Corporate Law Departments, June 2009 While the “irresistible” forces of force majeure events include acts of God, they also typically include wars and insurrections and sometimes conventional commercial events such as labor disputes, supply interruptions and equipment failures.
Form I-9: Delay of another Interim Rule By Maryann Bullion International and Immigration Law, April 2009 All employers, whether they are individuals, corporations, government entities, or a small family business, have an affirmative duty to ensure they are not hiring aliens who are unauthorized to work in the United States.
Former Attorney General overturns 20 years of board precedent in last days of office By Shannon M. Shepherd International and Immigration Law, April 2009 Former attorney General Michael Mukasey issued an order in the Matter of Compean, Bangaly, and J-E-C-, 24 I&N Dec. 710 (A.G. 2009), which purports to overturn Matter of Lozada and its progeny.
Foundational changes for private foundations: All gains and no losses By Katarinna McBride Trusts and Estates, January 2009 After this year, private foundations may not carry capital losses forward to future years. However, these rules only apply to losses. There is no rule blocking recognition of gains. This tax change has the effect of “stepping up” the foundation’s cost basis in appreciated securities to fair market value tax-free. If foundations have realized capital losses in their foundations’ portfolios, they should consider whether to sell securities to realize an offsetting capital gain before year-end.  
Fourth District holds non-signatory insurer has standing to compel arbitration By John R. Schleppenbach Alternative Dispute Resolution, May 2009 The reach of an arbitration agreement or clause can in practice extend far beyond just the parties who physically signed it.
Fraud on the Trademark Office in the U.S. and Canada By Sanjiv D. Sarwate Intellectual Property, May 2009 Those U.S. lawyers who are ready to pack their bags to escape Medinol and its works may wish to remain, at least until the Federal Circuit weighs in later this year.
Free tools from the ISBA can keep you on top of legal developments By Joe Giamanco General Practice, Solo, and Small Firm, October 2009 Learn about some of the practice tools the ISBA has to offer.
From the Chair By Lisle A. Stalter Government Lawyers, December 2009 It is hard to believe it is already fall and that a new issue of the newsletter is in the works. It has been a busy couple of months for the Committee on Government Lawyers. The Rules of Professional Conduct Program is set for December 10th. If you have not already registered, now is the time. Take advantage of the special $30 pricing and earn two hours of Professionalism credit.
From the Chair By Bryan Sims Legal Technology, Standing Committee on, October 2009 In this issue of the newsletter we have two articles that talk about the e-filing initiatives in Cook and Madison Counties.
From the Chair By Lisle A. Stalter Government Lawyers, September 2009 On July 1, 2009, the Illinois Supreme Court entered an order that repeals the Illinois Rules of Professional Conduct effective January 1, 2010, and replaces them with the Illinois Rules of Professional Conduct 2010.
From the Chair By Timothy J. Howard Federal Civil Practice, September 2009 A message from Section Chair Timothy Howard.
From the Chair By Sean O’Brien Human and Civil Rights, September 2009 A note from section chair Sean O'Brien.
From the Chair By Trent L. Bush Legal Technology, Standing Committee on, July 2009 A message from Chair Trent Bush.
From the Chair By Gina M. Arquilla Young Lawyers Division, June 2009 A message from Chair Gina Arquilla.
From the Chair By Patricia A. Zimmer Insurance Law, June 2009 An introduction to the issue from Section Chair Pat Zimmer.
From the Chair By Kenneth Dobbs Human and Civil Rights, May 2009  The Chair of the Human Rights Section shares why he chose his profession.
From the Chair By Gina M. Arquilla Young Lawyers Division, April 2009 A message from YLD Chair Gina Arquilla. 
From the Chair By Patricia A. Zimmer Insurance Law, April 2009 An introduction to the issue from Chair Pat Zimmer.
From the Chair By Patricia A. Zimmer Insurance Law, March 2009 An introduction to the issue from Chair Pat Zimmer.
From the Chair By Gina M. Arquilla Young Lawyers Division, February 2009 A message from YLD Chair Gina Arquilla.