Section Newsletters

Articles From 2009

Second-Hand-Shock™—Day to day the price we pay By Sandra Crawford Women and the Law, March 2009 “Second-Hand-ShockTM" is the cumulative impact of the distress that clients’ trauma content stories have on the professionals helping them.
Section 502(a)(1)(B) claims—Proper defendants Employee Benefits, March 2009 There are numerous, contradictory decisions within the Ninth Circuit concerning the proper defendant in a suit for benefits under section 502(a)(1)(D).
Section Council Profiles By William A. Price Administrative Law, October 2009 We’re planning to provide information on the various members of the Administrative Law Section Council over the course of this newsletter year. Here are the first two biographical summaries.
Seek power: A woman lawyer’s guide to self-promotion By Emily N. Masalski Women and the Law, December 2009 On October 20, 2009, Paula Hudson Holderman and Delilah B. Flaum, of Winston & Strawn coached more than 100 women lawyers on how to get over the “anti-networking” mindset and formulate a plan that will lead them to a more fulfilling career.
SENATE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, December 2009 Illinois Senate bills of interest to criminal law practitioners.
Settling a conflict: Excluding settling defendants from the apportionment of fault Bench and Bar, February 2009 On November 25, 2008, the Illinois Supreme Court resolved conflicts among and within the various Districts of the Appellate Court on whether defendants who have settled prior to trial should be included on the verdict form for the apportionment of liability.      
Seventh Circuit allows Union Pacific higher transport rate under Force Majeure clause By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2009 A look at the case of Wisconsin Electric Power Co. v. Union Pacific Railroad Co.
Seventh Circuit finds driver’s own negligence defeated her claims against logistics company and shipper By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2009 The United States Court of Appeals for the Seventh Circuit in Chicago has rejected a truck driver’s personal injury claim against a logistics company and a shipper in Camp v. TNT Logistics Corporation.
Shortcomings in FDA’s premarket review, postmarket surveillance, and inspections of device manufacturing establishments Health Care Law, September 2009 In 2009, GAO added FDA’s oversight of medical products, including devices, to its list of high-risk areas warranting attention by Congress and the executive branch.
Should Illinois adopt the TOD deed? By Darrell Dies Trusts and Estates, July 2009 Transfer on death of securities has worked well in Illinois for many years, so why not extend the transfer-on-death concept in Illinois to real estate and thereby allow a named beneficiary in a TODD to take direct ownership of real estate upon the grantor’s death? Let’s take a closer look at the TODD concept?
The silencing of student speech By Jennifer Lee Human and Civil Rights, May 2009 Under Morse v. Frederick, schools may now regulate speech that can reasonably be perceived as “promoting illegal drug-use.”
The skinny on long-term care insurance By James Moster Elder Law, October 2009 Some considerations regarding long-term care insurance.
A soft real estate market creating opportunities to reduce real estate expense By Gary Fazzio Law Office Management and Economics, Standing Committee on, June 2009 The instability within the real estate marketplace, combined with new pricing models, will create opportunities for law firms to renegotiate their leases and reduce real estate expense in return for minimizing landlord exposure to rental loss and rollover risk.
Software acquisitions beware! By Frank M. Grenard Corporate Law Departments, December 2009 What rights does a successor corporation have in a software license? According to the US Court of Appeals for the Sixth Circuit, none without approval.
Some practical considerations when litigating under the Illinois Human Rights Act By Ferne P. Wolf Labor and Employment Law, June 2009 With the advent of Illinois Human Rights Act cases being filed in state court, employment law practitioners, accustomed to practicing in federal court, could become fish out of water.
Some things I learned along the way By James E. Buchmiller General Practice, Solo, and Small Firm, September 2009 The author's list of things he's learned that books couldn't teach him.
Sometimes it helps to ask, even when we know the answer By Robert E. Wells, Jr. Alternative Dispute Resolution, October 2009 A fictional dialog about mediation.
Spring 2009: Launch of The Legal Balance By Erica Zalokar Women and the Law, May 2009 Get involved with a new resource for women attorneys to be launched this spring!
Statutory summary suspension: Violation of due process By Steven J. Block Traffic Laws and Courts, September 2009 A summary of the case of People v. Miklos.
The stimulus bill’s effect on COBRA administration By Derek A. Schryer Employee Benefits, June 2009 On February 19, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the “Act”). The legislation provides for government-subsidized COBRA premiums to involuntarily terminated employees for up to nine months. Both employer sand employees should become familiar with the changes created by this Act.
Strategic planning in divorce By Tom T. Field Trusts and Estates, April 2009  This article is designed to get estate planners on par with some of the thought processes and strategies used by matrimonial attorneys during this economic crisis.
Student loan repayment assistance for public service attorneys: An update By Michael Vojta Young Lawyers Division, October 2009 Recent legislation on both the State and Federal levels has been passed to assist young attorneys with debt repayment. Illinois attorneys may soon have two options to turn to for assistance in debt repayment, provided of course that they make a commitment to public service work.  
Substance abuse—A perspective for use in plea bargaining By Ralph E. Guderian Criminal Justice, October 2009 In Illinois, if the defendant’s intoxicated or drugged condition was voluntarily produced, it cannot be raised as an affirmative defense during trial to avoid criminal responsibility for his or her conduct. However, during plea bargaining, 402 conferences, sentencing and the like, the defendant’s conduct can be considered as being the result of such use, abuse or dependence.
Succession issues By William T. Kaplan Business Advice and Financial Planning, September 2009 An overview of common succession issues that arise when advising small businesses.
Summary of legislative action taken by Corporate Law Departments (“CLD”) Section Council By Jim McGrath Corporate Law Departments, May 2009 Throughout the year the CLD Section Council will endeavor to update you on the bills we have reviewed and whether or not they became law. What follows is a summary of those the CLD Section Council has reviewed thus far, with succinct descriptions and opinions supplied by the author of this article.
Summary of recent decisions By Hon. Edward J. Schoenbaum Government Lawyers, June 2009 Recent cases of interest to government lawyers.
Summary of recent decisions By Hon. Edward J. Schoenbaum Government Lawyers, April 2009 Recent cases of interest to government lawyers.
Summary of recent decisions By Edward J. Schoenbaum Administrative Law, April 2009 Recent cases of interest to administrative law practitioners.
Summary of recent decisions By Edward J. Schoenbaum Administrative Law, March 2009 Recent decisions of interest to administrative law practitioners.
Summary of recent decisions By Edward J. Schoenbaum Administrative Law, January 2009 Recent decisions of interest to administrative law practitioners.