Crimes involving moral turpitude: Do attempts count?By Mark E. WojcikInternational and Immigration Law, June 2011Section 237(a)(2)(A)(ii) of the Immigration and Nationality Act covers convictions for crimes involving moral turpitude but it does not expressly include attempt offenses.
The curious history of resale price maintenanceBy Charles A. StewartBusiness Advice and Financial Planning, June 2011The agreement between manufacturer and retailer to set minimum prices eliminates, or at least dramatically restricts intrabrand competition among retailers of the articles and so is an obvious restraint of trade deemed illegal by the Sherman Act.
The curious history of resale price maintenanceBy Charles A. StewartBusiness and Securities Law, May 2011The agreement between manufacturer and retailer to set minimum prices eliminates, or at least dramatically restricts intrabrand competition among retailers of the articles and so is an obvious restraint of trade deemed illegal by the Sherman Act.
Damages available for breach of fiduciary dutyBy Lawrence E. Varsek & Roman R. OkreiTrusts and Estates, August 2011There are multiple remedies available for breach of fiduciary duty in Illinois, and it is clear that one remedy alone may not be sufficient to compensate an injured party.
Dealing with time limitsBy Robert E. Wells, Jr.Alternative Dispute Resolution, April 2011A fictional discussion of the importance of mediator credibility.
Death of the mechanic’s lien?By Richard C. Jones, Jr.Real Estate Law, May 2011As a result of LaSalle Bank National Association v. Cypress Creek I, LP, the mechanic’s lien no longer provides protection to contractors.
Department of Commerce takes on trademark bulliesBy Joseph T. NaborIntellectual Property, June 2011The Department of Commerce recently released its report which studied whether or not some trademark owners are using their trademark rights in an overly aggressive enforcement effort—commonly known as the Trademark Bullies report.
Discovery in international arbitrationInternational and Immigration Law, September 2011Learn about discovery in international arbitration at this seminar on October 4th.
Discovery of those online: Using Supreme Court Rule 224 to ascertain the identity of anonymous online postersBy Patrick M. KinnallyCivil Practice and Procedure, December 2011Supreme Court Rule 224 provides that a person may file an independent action seeking discovery before a suit is filed to determine the identity of one who may be responsible in damages. And in the recent case of Maxon v. Ottawa Publishing Co., it was used to identify the posters of critical online commentary.
Dissipation definedBy Robin R. MillerFamily Law, May 2011The wide variety of expenditures that constitute dissipation should be an inspiration to lawyers to apply their craft. The field is broad in the range of arguments that can support a claim of dissipation under Illinois law.
District court refuses to reconsider Carmack preemption of cargo claimBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, November 2011In Personal Communications Devices v. Platinum Cargo Logistics, Inc., the U.S. District Court for the Central District of California denied plaintiff’s Motion for Reconsideration of a partial grant of summary judgment in cargo claim litigation.
Diversity Fellow Spotlight—Beverly A. Allen, Land of Lincoln Legal Assistance Foundation, Inc.By Beverly YangRacial and Ethnic Minorities and the Law, December 2011Given her decades-long dedication to serving those who cannot afford legal services, advocating on behalf of minorities and fighting for equal justice, it is only fitting that Beverly has been appointed to the ISBA Diversity Leadership Council as a 2011-2012 Fellow.
Diversity Scholarship Foundation, Mentoring, Women & MinoritiesBy Jennifer M. SenderDiversity Leadership Council, June 2011Throughout the plan year, the Diversity Scholarship Foundation offers support to small, medium, and large law firms to become their “diversity partners” and encourages mentoring and recruitment of minority attorneys. As a diversity partner, the DSF will work hand-in-hand with the leadership of these firms to structure and implement a diversity plan of action beyond mere lip service.
Divorce among professional womenBy Karen M. Pinkert-LiebWomen and the Law, April 2011Not only are professional women more likely to get divorced, but the number of women paying alimony has almost doubled since the late 90s. Here are some tips to help protect yourself in the event of a divorce.
Does my security agreement cover future advances?By Carson D. MaricleCommercial Banking, Collections, and Bankruptcy, June 2011Under Revised Article 9 of the Illinois UCC, collateral may secure future advances, as well as past or present advances, if the security agreement so provides.
Does your voicemail irritate clients?By Donald E. WeihlLaw Office Management and Economics, Standing Committee on, September 2011Some tips for creating the most effective voice mail messages.
Don’t be intimidated by DUIs with blood evidenceBy Erica NicholsTraffic Laws and Courts, August 2011Each type of blood draw has its own legal requirements for admission into evidence at trial. It is these requirements that provide the opportunity to defeat the blood evidence.
Don’t fear the reaperBy Kevin Lovellette & Mary Jane AdkinsGovernment Lawyers, June 2011As government attorneys, we should have the ability to speak with a Coroner to gather all the information necessary to properly defend or prosecute on behalf of the People.
Double whammy—Employers engaged in systematic wage theft best bewareBy Glenn R. GaffneyFederal Civil Practice, June 2011A January, 2011 Seventh Circuit Court of Appeals decision now allows plaintiff class action lawyers to combine FLSA collective “opt-in” actions with state law “opt-out” class actions.
Double whammy—Employers engaged in systematic wage theft best bewareBy Glenn R. GaffneyLabor and Employment Law, March 2011Effective January 1, 2011, new amendments to the Illinois Wage Payment and Collection Act establish a two percent penalty of the unpaid wages due an employee for each month of underpaymen, and also now provides that employees need not file a claim with the Department of Labor prior to filing a private right of action.
Douglas holds the record on the United States Supreme CourtBy Michele M. JochnerBench and Bar, March 2011Appointed in 1939 to the U.S. Supreme Court, William O. Douglas served on the bench for more than 36 years and endured two impeachment proceedings.
Downtown Disposal Services, Inc. v. City of ChicagoBy Richard D. Boonstra & John C. LilligAdministrative Law, April 2011In a unanimous decision the First District Appellate Court reversed and remanded the case, holding that the Circuit Court’s application of the “nullity rule” against Downtown Disposal did not further the purposes of the rule.
Dr. Liu Xiaobo: I have no enemiesBy Peter Y. QiuInternational and Immigration Law, January 2011Last month Dr. Liu Xiaobo, currently incarcerated as a political prisoner, became the first Chinese citizen to win the Nobel Peace Prize.
Driving under the influence: Not just for alcohol anymoreBy Erica NicholsTraffic Laws and Courts, March 2011Illinois' DUI statute lists six different measurements by which an individual can be found to be under the influence, and only the first two are related to alcohol.
Duty to defendBy Laurie E. DugonithsCorporate Law Departments, August 2011The duty to defend is a contractual obligation almost always found in commercial general liability policies and, as the costs of litigation continue to rise, is often considered to be more valuable to an insured than the duty to indemnify.
