Section Newsletters

Articles From 2011

Practical implications and contours of the will contest exception to the attorney-client privilege By Jacob Frost Trusts and Estates, August 2011 The practitioner’s awareness of the Will contest exception to the attorney-client privilege is merely the first step among several in responding to a discovery request for otherwise privileged information.
Practice Tip: New Defenses. Collection Agency Act requires documentation of assignments By Brett R. Geiger Commercial Banking, Collections, and Bankruptcy, November 2011 A look at the recent case of Unifund CCR Partners v. Mohammad Shah.
Practice tip: New defenses. The Collection Agency Act requires documentation of assignments By Brett R. Geiger General Practice, Solo, and Small Firm, October 2011 A look at the recent case of Unifund CCR Partners v. Mohammad Shah.
Practice tips: Watch out for anything old, dead, or unlicensed By Angela Evans Women and the Law, September 2011 A few practice tips from author Angela Evans.
The preclusive effect of res judicata rulings By Laura L. Milnichuk Civil Practice and Procedure, April 2011 A look at Williams, et al. v. Ingalls Memorial Hospital, et al., which addressed the res judicata effect of the dismissals of certain claims in an original lawsuit when voluntary dismissals of said claims were later taken and a second lawsuit re-filed
Prevailing Wage Act bites contractor By Michael R. Lied Labor and Employment Law, February 2011 The Illinois Department of Labor determined that a construction project constituted a public works project subject to the Illinois Prevailing Wage Act, and the subcontractor's employees had not been paid the prevailing wage.
Prevention programs for youth at risk: What time of day? By Catherine M. Ryan Child Law, June 2011 The recent report from the Office of Juvenile Justice and Delinquency Prevention provides the tay of day patterns for juvenile offenses.
A primer on deposing a Rule 215 medical examiner By John L. Nisivaco Tort Law, October 2011 Preparation tips for deposing an expert witness.
Primer on Standardized Field Sobriety Tests & Preliminary Breath Tests for DUI arrests By J. Brick Van Der Snick Traffic Laws and Courts, December 2011 A basic outline of the SFSTs and PBT in the State of Illinois. 
1 comment (Most recent December 14, 2011)
Productivity isn’t everything: Letter to the Editor By Jewel N. Klein General Practice, Solo, and Small Firm, July 2011 In the December issue of this newsletter, Editor John T. Phipps explained how technological advances can make lawyers more productive. Author Jewel Klein doesn't disagree, but does have some second thoughts.
1 comment (Most recent July 21, 2011)
Professional liability claim exposures By Stephen G. Wilder Law Office Management and Economics, Standing Committee on, June 2011 Every firm has a particular claim exposure profile based on the nature of its practice and its firm management practices and procedures. By understanding this profile, a firm can better identify and address the risks that may lead to claims against the firm.
Professional services and law practice growth patterns By William A. Price Law Office Management and Economics, Standing Committee on, June 2011 The U.S. government collects a wide variety of statistics on employment, earnings, and employment dynamics in law practices and on other business advisory professions. These can give you a reasonably good idea of what the growth in numbers and in income has been in recent years.
Program on Dual Nationals International and Immigration Law, April 2011 Check out the April 20th program that will feature a panel of three attorneys to discuss, “Dual Nationals and Deemed Exports: Legal Perspectives on Compliance, Immigration and HR Issues.”
Proposed “Bad Actor” exclusion to Rule 506 offerings By Barry L. Fischer Business and Securities Law, July 2011 On May 27, 2011, the Securities and Exchange Commission released a proposed rule which would disqualify an entity from using the Rule 506 private offering safe-harbor if the entity or a “covered person” associated with the entity is or was involved in specified violations of securities laws, securities administrators or other regulatory entities.
A proposed jury instruction for “willfulness” in FACTA cases By Isaac J. Colunga Federal Civil Practice, December 2011 Courts have not yet spelled out what it means exactly to be “willful” as opposed to “negligent.” In many cases it’s a close call, and it depends on the facts and circumstances of each case. The purpose of this article is to find some common ground.
Protectable interests in restrictive covenants expanded By Michael P. Tomlinson Corporate Law Departments, January 2011 Until there is an Illinois Supreme Court decision on the issue, the overall guiding principle in determining whether the scope of the covenant will be upheld is whether it is attempting to do something “over and above” simply suppressing “ordinary” competition.
Protecting clients from danger in a 1031 Safe Harbor By Jack H. Tibbetts Real Estate Law, June 2011 The IRS regulation 2010-14 is a welcome safe harbor for solving some of the confusion and taxation issues when a Qualified Intermediary in a 1031 exchange files for bankruptcy protection or is subject to a receivership proceeding.
Protecting pets under the Illinois Domestic Violence Act By David H. Hopkins Animal Law, September 2011 In all-too-many cases in which victims of domestic violence would be well-advised to flee to a shelter, paralysis sets in, primarily attributable to fear as to what might happen to the family pet if it is “left behind.”
Protecting the assets of a retiring attorney By Gary T. Rafool Senior Lawyers, June 2011 A few observations and suggestions for any attorney contemplating retirement and supplementing a retirement income with a business venture.
Proving undocumented expenses, shifting burdens and avoiding penalties: A look at audit issues By Gregory A. Zbylut Federal Taxation, April 2011 In general, once the IRS issues a notice of deficiency, that notice is presumed correct, and you’re on the hook to prove that it’s not.
PTO focuses on feedback By Daniel Kegan Intellectual Property, December 2011 While the dedicated attention and oft’ times quick responses of Craig Morris and his team at the PTO are making communicating with the Trademark Office much more efficient, it still requires an experienced trademark professional to know the meaning of the diverse electronic choices and to efficiently evaluate how to respond to the non-automated examiners’ office actions.
Public employees and free speech By Matthew Feda Labor and Employment Law, December 2011 An overview of the history and current trends in the law regarding public employee free speech, as well as practical advice for bringing a claim.
Public insurance adjuster contracts and new licensing requirements By Nathan B. Hinch Real Estate Law, April 2011 Illinois’ licensing requirements for public insurance adjusters changed effective January 1, 2011, pursuant to the Illinois Public Adjusters Law.
Raja Krishnamoorthi’s Remarks at the Peoria County Bar Association’s Diversity Luncheon, September 2, 2010 Racial and Ethnic Minorities and the Law, February 2011 Read a transcript of the address given at the Annual Diversity Luncheon.
A reader on service of process under FRCP 4 By Ambrose V. McCall Federal Civil Practice, September 2011 Federal Rule of Civil Procedure 4(m) provides that a complaint to serve a defendant must be filed within 120 days.
Real estate ethics corner By Michael J. Rooney Real Estate Law, December 2011 In re Shaveda Monique Scott involved a five-count complaint against an attorney for failing to disclose her financial interest stemming from her role as a registered title insurance agent when representing clients in six transactions and for violating the rules regarding conflicts of interest by improperly representing both buyers and seller in four of those matters.
Reasonable compensation: A key issue in marital dissolution By Christopher P. Casey & Justin L. Cherfoli Family Law, April 2011 Assessing the reasonableness of owner’s compensation is a critical determination in marital dissolution proceedings.
Recent activity in the Illinois General Assembly Environmental and Natural Resources Law, June 2011 A summary of bills from the Illinois General Assembly and legislative committees relating to environmental issues.
Recent adoption legislation By Linda S. Coon Child Law, August 2011 Read about the recent legislation that amends the Illinois Adoption Act.
Recent amendment guts the Arbitration Act By Bruce H. Schoumacher Construction Law, May 2011 Arbitration was devised as a dispute resolution mechanism to avoid costly and timely battles in court and to ensure confidentiality. Unfortunately, the author writes, the recent amendment to the Arbitration Act opens the door to circumvent the purpose of arbitration.