Save the date: June 2, 2010Administrative Law, May 2010Attend our CLE program, "Ethics in Today's Government Agencies" on-site or via Live Webcast. On-site seating is limited, so register early!! Go to www.isba.org/cle for more details and registration information.
Save the date: March 5, 2010By J.A. Sebastian & Hon. Edward J. SchoenbaumAdministrative Law, January 2010Sign up for the March 5th program!
Say bye-bye to passive activity losses: A possible past-time for LLCs and LLPsBy Jesse T. CoyleTrusts and Estates, January 2010Limited liability companies (LLCs) and limited liability partnerships (LLPs) are well ingrained as two of the preferred techniques used by estate planning professionals. Both LLCs and LLPs offer significant advantages that many other techniques do not: valuation discounts, retention of control, and tax efficiency. To the delight of those individuals who use LLCs and LLPs in their estate planning work, the perceived tax efficiency of these methods has improved through two recent court cases.
Scope of arbitrator’s authority limits authority in rewarding damagesBy Margaret NunneAlternative Dispute Resolution, October 2010In Prate Installations, Inc., v. Chicago Regional Council of Carpenters, the court found that an arbitrator cannot award damages or remedies for periods of time after the expiration of the collective bargaining agreement.
Sea change in Illinois eminent domain lawBy Pat LordLocal Government Law, December 2010The difficulties that eminent domain petitioners face under the New Eminent Domain Act will likely be exacerbated by the recent case of Forest Preserve District of DuPage County v. First National Bank of Franklin Park et al.
SEC issues interpretive guidance on climate change disclosure requirements for public companiesBy Dustin T. TillBusiness and Securities Law, June 2010The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
SEC issues interpretive guidance on climate change disclosure requirements for public companiesBy Dustin T. TillEnvironmental and Natural Resources Law, May 2010The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
Seeking wisdomBy Jean A. KenolYoung Lawyers Division, February 2010The single best (and most memorable) piece of advice that I received came from a professor of mine during my junior year of college. He told me to always “seek wisdom.” In his explanation of this advice he told me to seek advice from trusted people who have been down the paths I will take throughout my life. Basically, find a mentor. This advice never became more valuable than when I started my legal career.
A separate coverage limit for the loss of consortium claim?By James T. NyesteInsurance Law, October 2010Most liability policies provide coverage for damages on account of “bodily injury” and “property damage.” Whether your client’s loss of consortium claim is entitled to a separate “per person” limit, in whole or in part, or whether it is subject to the same limit the insurer is offering on her husband’s physical injury claim, will depend on the policy’s definitions of “bodily injury” and the “per person” limit.
Setting child support—Part IBy Sara A. StolbergChild Law, June 2010The first in a series of articles that help identify common issues in determining child support.
Severing the landlineBy Peter LaSorsaLegal Technology, Standing Committee on, March 2010The author presents his case for the elimination of traditional telephone service.
Shared interest negotiationBy Hon. Bruno J. TassoneTort Law, March 2010A good agreement is one that is efficient, improves or at least does not damage the relationship, and meets the bona fide interests of each party.
Shipper’s insurers prevail in COGSA litigationBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, June 2010A look at the recent case of American National Fire Ins. Co. v. MTV Seaboard Victory.
Significance of Italian court’s “extraordinary rendition” convictionsBy Elizabeth LazickiInternational and Immigration Law, May 2010“Extraordinary rendition” is a controversial practice which “involves the snatching of suspects and their forcible transfer for interrogation to third countries—often those states where torture is routinely employed.”
The significance of share transfer restrictions for closely held corporationsBy Derek P. UsmanBusiness and Securities Law, May 2010Without an agreement restricting share transfers, corporate shares would be freely transferable and prevent the remaining shareholders from maintaining a desirable ownership structure.
The Sixth Amendment requires defense counsel to provide immigration adviceBy Matthew KuenningBench and Bar, June 2010In Padilla v. Kentucky, the United States Supreme Court held that when it is “truly clear” a guilty plea will result in deportation, counsel must so advise or the representation is deficient under Strickland v. Washington.
SLAPP has a biteBy John B. KincaidCivil Practice and Procedure, November 2010In a flurry of appellate activity, Illinois now has four interpretations of the Citizen’s Participation Act--the first published appellate decisions interpreting the legislative purpose of the SLAPP statute passed by the Illinois Legislature in 2007.
SLAPPed with attorney fees: Awards pursuant to the Illinois Anti-SLAPP ActBy Hon. James Fitzgerald Smith & Julia Illman ManessCivil Practice and Procedure, November 2010Until the scope of the Anti-SLAPP Act is narrowed through legislation or judicial interpretation, this article's authors advise any attorney who is on notice that his or her actions may fall under the SLAPP matrix to proceed with caution.
So you think you might want to go public somedayBy Lola Miranda HaleCorporate Law Departments, September 2010Addressing the issues presented in this article will assure that your company is not only ready but positioned to succeed regardless of whether the decision to go public is ultimately implemented.
Software acquisitions beware!By Frank M. GrenardLegal Technology, Standing Committee on, March 2010Due diligence must be used for consolidations, acquisitions, divestitures, and any other entity change which would result in a new legal entity becoming the user of the licensed product.
Special Committee on Construction Law: Year in reviewBy Samuel H. LevineReal Estate Law, September 2010An introduction to this issue from the Chair of the ISBA's Special Committee on Construction Law, Samuel Levine.
Spotlight on community services: RainbowsBy Nicole OnoratoChild Law, December 2010The first article in a series that will highlight community organizations providing services to children above and beyond what's considered traditional.
