Articles From 2009 | Illinois State Bar Association

Congressional support for enhancing the Historic Rehabilitation Tax Credit: ISBA’s Section of Federal Taxation liaison meeting with legislative aides, May 6 & 7, 2009 Federal Taxation, December 2009 The federal Historic Rehabilitation Tax Credit (HTC) Program is the nation’s largest program to stimulate the preservation and reuse of historic buildings.

The consequences of committing fraud in trademark filings By Richard B. Biagi & Jeremy M. Roe Intellectual Property, March 2009 For a multi-class application, fraud may potentially result in the cancellation of the mark within the international class of nonuse or misstated use. While a finding of fraud does not necessarily eliminate a mark owner’s common law rights, the owner does lose the benefits of a federal registration.

Consumer standing in Walker Process fraud cases By Jamie Manning January 2009 Whether consumers have standing to bring Walker Process claims is an open question in the federal courts that could soon lead to a circuit split.

Contingency Planning: Motion to Stay—Preparing to counteract a possible negative ruling By Susan M. Brazas General Practice, Solo, and Small Firm, July 2009 Where the client (or the client’s children) stand to suffer great harm in the event that the court makes a ruling adverse to their position, the attorney should consider preparing, in advance, a Motion to Stay enforcement of the court’s judgment pending appeal.

Contradictory changes by P.A. 096-0648 and 096-0649 to Section 107.50 of Not For Profit Corporation Act cause uncertainty By Adam M. Fleming Business and Securities Law, December 2009 On August 24, 2009, Governor Quinn signed Public Acts 96-648 (SB 1285) and 96-649 (SB 1390) into law. P.A. 96-649 is a comprehensive and thoughtful revision to numerous sections of the Illinois General Not For Profit Corporation Act that aspires to streamline the operations of Illinois nonprofits, particularly with respect to electronic voting for officers, directors, or representatives. Its effective date is January 1, 2010.

The Cook County Board amends the Cook County Real Property Assessment classification ordinance By Leonard F. Amari, Vesna Marusic, & Katherine A. Amari State and Local Taxation, April 2009 The Cook County Real Property Assessment Classification Ordinance No. 08-0-51 amends the real property classification system by applying lower percentages to the market value for the assessment levels for all the real property located in Cook County.

The Cook County Board amends the Cook County Real Property Classification Ordinance By Leonard F. Amari, Vesna Marusic, & Katherine A. Amari Real Estate Law, April 2009 The changes with the newly adopted ordinance, as it is hoped by the enactors, would reduce the burden on homeowners the significant burden of the cost of government, but, arguably, real estate taxes will still result in property owners experiencing property tax increases. It is imperative to closely follow real property values and file annual assessment challenges to ensure reasonable taxation. Taxpayers have a host of remedies available in their attempt to reduce the assessment on their real property.

Cook County’s Department of Administrative Hearings: The new kid on the block By J.A. Sebastian State and Local Taxation, January 2009 In today’s litigious society, more and more matters are being initially handled outside of the courts and in administrative proceedings—especially matters that involve government enforcement, compliance and collection.

Copyright Office fees set to change on August 1, 2009 Intellectual Property, May 2009 The Copyright Office has submitted to Congress a proposed new fee schedule that will go into effect on August 1 unless Congress rejects the schedule.

Costs of taking evidence deposition of out-of-state physician properly awarded By John E. Thies Civil Practice and Procedure, April 2009 In Peltier v. Collins, a unanimous Second District panel held that the trial court properly awarded the costs of the court reporter and videographer incurred by plaintiffs in obtaining the evidence deposition of an out-of-state physician.

Court rules independent fees separable, must be arbitrated By Alyssa Vincent Alternative Dispute Resolution, March 2009 A California appeals court recently clarified the law on resolving disputes over independent counsel fees, ruling that the legislature clearly intended that arbitration serve as the sole forum for resolving these disputes to the exclusion of courts regardless of the presence of other claims in the case.

Court says broker may simply rely on the face of attachment order By John T. Hundley Commercial Banking, Collections, and Bankruptcy, August 2009 In Hicks v. Midwest Transit, Inc., the court held that a financial institution served with an attachment order was required only to determine that the order was “regular on its face” – and not to explore validity questions which could only be answered from extraneous sources.

Court strikes down Illinois law prohibiting employers from using E-Verify By Cindy G. Buys International and Immigration Law, June 2009 In late 2007, Illinois enacted Public Law 95-138 prohibiting Illinois employers from enrolling in the federal government’s Employment Eligibility Verification System or E-Verify until the federal government could certify that the results of the E-Verify system were 99% accurate.

Court upholds USDA’s denial of private company’s request to purchase BSE test kit By Raymond Watson Agricultural Law, September 2009 As a part of its marketing program, Creekstone Farms sought to voluntarily test each of its 300,000 cattle it slaughters each year for bovine spongiform encephalopathy (BSE), also known as “mad cow disease.”

Criminal prosecution under the Occupational Safety and Health Act By MIchael R. Lied Labor and Employment Law, September 2009 Employers do not typically think about the possibility of criminal liability under the Occupational Safety and Health Act. However, Section 17(e) of the Act punishes any employer convicted of willfully violating any standard, rule, order or regulation prescribed pursuant to the Act, if that violation caused an employee’s death.

“Cross-Section of Immigration and Criminal Law: Immigration Consequences of Criminal Offenses:” Upcoming CLE sponsored by the International and Immigration Law Council and co-sponsored by the Criminal Justice Council By Anne M. Skallerup International and Immigration Law, April 2009 The International and Immigration Law Council and the Criminal Justice Council have organized a Continuing Legal Education class intended to educate criminal defense and immigration attorneys who represent noncitizens of the impact that criminal offenses have on the immigration status of their clients.

Culture: Do you have it? By Thomas J. Brannan Law Office Management and Economics, Standing Committee on, June 2009 That “culture” is, many times, difficult to see or define. It is, however, or should be, reflective of the core values, beliefs, ethics and rules of behavior of a practice or office.

Dangerous delusions: Do it yourself, or don’t By Daniel Kegan Intellectual Property, November 2009 Many once-arcane intellectual property (IP) procedures are now accessible to lay businesspersons and citizens.

A day in the life of a domestic violence attorney By Amie M. Simpson Women and the Law, March 2009 The author describes her work for the Will County Legal Assistance Program, which provides free civil legal services to low-income and senior citizen clients.

Death penalty doomed, just one question: Will it be sooner rather than later? By Jeremy Schroeder Human and Civil Rights, October 2009 Like watching a thunderstorm approach across the plains, we wait silently for history to judge us for our use of the death penalty.

Defining the contours of subrogation By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, August 2009 Subrogation reduces title company premiums which benefit the parties to the transaction. It prevents an unearned windfall. However of most significance in these times, if facilitates refinancing of mortgages in order to prevent foreclosure.

Defining the contours of subrogation By Samuel H. Levine Real Estate Law, June 2009 Four recent cases have addressed the contours of equitable and conventional subrogation in the context of refinancing mortgagees.

Delayed implementation of a statutory amendment necessitated a finding that the Legislature intended to apply the statutory amendment prospectively and that tax objectors were entitled to the pre-amendment interest rate up until the effective date of the By Christopher B. Kaczynski & Jacki Dobesh State and Local Taxation, November 2009 The First District Appellate Court has recently ruled that tax objectors who paid taxes and filed Specific Objection lawsuits prior to amendment of Section 23-20 of the Property Tax Code were entitled to the pre-amendment interest rate up until the effective date of the statutory amendment, even though judgment orders granting statutory interest were entered after the statutory amendment.

Despite conviction for battery, claimant was not collaterally estopped from arguing the issue of “aggressor” in a workplace altercation By Cameron B. Clark Workers’ Compensation Law, December 2009 In Bassgar, Inc. v. Illinois Workers’ Compensation Commission, 2009 WL 3367053 (Ill.App.3d Dist., October 15, 2009), the Illinois Appellate Court held that the evidence submitted at arbitration supported the Commission’s finding that the claimant was not the initial aggressor in an altercation, and thus claimant’s arm injury was compensable.

Developments in Swiss business law for the first half of 2009 By Florian S. Jörg International and Immigration Law, September 2009 International business law updates.

Discharge for misconduct cuts off temporary total disability benefits By Michael R. Lied Labor and Employment Law, May 2009 A summary of the case of Interstate Scaffolding, Inc. v. The Workers’ Compensation Commission, et al.

Distressed condominium property legislation By Joel L. Chupack Real Estate Law, October 2009 This is a major piece of litigation, empowering the courts with the heretofore non-existent power to authorize the sale of an entire condominium property. In short, the courts will have the power to appoint a receiver for the condominium property, and if the property is found to be distressed and not viable as a condominium, to de-convert it and sell the property as a whole.

Districts diverge on life insurance as security for maintenance By Jan R. Kowalski Family Law, February 2009 In the Fourth District, courts are able to order life-insurance as security; but, in the Second and Third District, courts are not.

Diversity Task Force—Report from the Chair By Alice M. Noble-Allgire Diversity Leadership Council, June 2009 As I write this column, Lynn Grayson and I are putting the finishing touches on a comprehensive report to the Board of Governors detailing the activities of the Task Force on Diversity during the past two years and offering a plan of action to chart the course for the ISBA’s diversity efforts into the future.

Division of oil and gas directory update Mineral Law, April 2009 Those seeking to contact the Illinois Division of Oil and Gas of the Office of Mines & Minerals of the Department of Natural Resources may find the following contact information helpful.