Did Bosch v. Pylon change the landscape for permanent injunctions?By Natasha WhiteIntellectual Property, June 2012Although the federal Circuit's Bosch v. Pylon decision eliminated the presumption of irreparable harm, it also affirmed the lack of a presumption against irreparable harm and weaved the exclusive right of a patentee into the injunctive relief analysis factors. Practical effects are discussed.
Discounts! Discounts! Discounts!By Brian CohenSenior Lawyers, October 2012A list of the savings seniors can expect when shopping, dining, and traveling and more.
Discovery of social media: Document requests in a friend request worldBy Timothy J. Chorvat & Laura E. PelanekCivil Practice and Procedure, April 2012To date, there are no reported cases in Illinois regarding the discoverability of social media data, although these materials are being produced in discovery and introduced into evidence.
Discovery of those online: Using Supreme Court Rule 224 to ascertain the identity of anonymous online postersBy Patrick M. KinnallyBench and Bar, April 2012Supreme 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.
Diversify your marketing efforts for best resultsBy Laura ReedLaw Office Management and Economics, Standing Committee on, September 2012Regardless of what percentage of your revenue you spend on marketing, there are several tactics to help small and growing law firms get the attention they need and deserve in a competitive climate.
Diversity In Law Schools, Diversity in the Legal Profession: Recent history and a few factsRacial and Ethnic Minorities and the Law, April 2012The Law & Leadership Institute is an exciting week-long residential program designed to introduce high school students of diverse backgrounds to the legal system, expose them to careers in the law, and provide them with practical tools for achieving their educational goals.
Diversity is both seen and unseenBy William T. EvelandDiversity Leadership Council, June 2012As we strive to create a more inclusive profession, we need to be mindful that we cannot always see diversity.
Diversity Leadership Fellows Program continues to identify future ISBA leadersBy Annemarie E. KillDiversity Leadership Council, June 2012The ISBA’s Diversity Leadership Fellows program just completed its second full year and has been making strides in increasing diversity in the ISBA’s section councils and committees.
Do not discount the importance of the Fourteenth AmendmentBy Michele M. JochnerBench and Bar, January 2012Proposed in 1866 and ratified in 1868, the Fourteenth Amendment has had the most profound and enduring impact on our legal landscape. Its provisions voided the United States Supreme Court’s much-criticized decision in Dred Scott, and served as the foundation for the later civil rights movement—including the overturning of the “separate but equal doctrine” in Brown v. Board of Education.
Document assembly software 101By Trent L. BushLegal Technology, Standing Committee on, June 2012An overview of software that autmates document creation, and the wide variety of providers offering different products with various capabilities.
Document assembly software 101By Trent L. BushTrusts and Estates, June 2012An overview of software that autmates document creation, and the wide variety of providers offering different products with various capabilities.
Doe-3 v. White: Illinois Supreme Court to decide school district liabilityBy Roland CrossEducation Law, February 2012The basic issue raised in this case, which Illinois school districts face on a routine basis, centers around what information a school district can or should provide to successor districts that contemplate hiring teachers who previously served in the initial district.
Does a corporation need a lawyer in state court?By Patrick M. KinnallyCivil Practice and Procedure, December 2012Unless you are in a small claims trial court, the Illinois maxim as to corporate representation is ambiguous.
Does your claim allege educational malpractice?By Hon. James Fitzgerald Smith & Julia Illman ManessCivil Practice and Procedure, August 2012Does an injured person have a cognizable claim for negligence against a former teacher for an injury occurring after instruction that the injured person claims can be traced to poor teaching?
Does your client’s business employ immigrants?By Scott D. PollockInternational and Immigration Law, November 2012The author provides the outline from his presentation at this year's CLE program, "What if Your Client is Foreign-Born?"
Don’t check your common sense at the doorBy Hon. E. Kenneth Wright, Jr.Bench and Bar, June 2012Some examples of ARDC cases where, at first glance, an attorney's shortcut or omission seemed negligible, but very quickly turned into a serious infraction.
Don’t network like an accountantBy Andrew G. VaughnLaw Office Management and Economics, Standing Committee on, September 2012This article will attempt to help us become better networkers by addressing what networking is, why networking is important for lawyers, how to network efficiently, and pitfalls to avoid while networking.
Don’t!By Hon. Michael B. HymanGovernment Lawyers, October 2012Author and Judge Michael Hyman provides his list of DOs and DONTs that apply equally to proceedings in court and everyday life at the office.
Don’t!By Hon. Michael B. HymanBench and Bar, September 2012Author and Judge Michael Hyman provides his list of DOs and DONTs that apply equally to proceedings in court and everyday life at the office.
Drafting enforceable customer solicitation restrictionsBy Arthur SternbergLabor and Employment Law, July 2012The primary drafting problem is the scope of restricted customers. A ban as to all customers risks being held overbroad and unenforceable, especially if the employer dominates the relevant market, has a large number of customers spread across a wide geographic area, or has distinct product lines or services that draw different types of customers.
Drafting enforceable restrictions on recruiting employeesBy Arthur SternbergLabor and Employment Law, March 2012To be enforceable, contractual restrictions on soliciting or hiring an employer’s personnel should avoid a blanket prohibition on recruiting or hiring all employees. This applies not only to employment-related agreements, but also to business-to-business agreements, such as confidentiality and service agreements. This article examines what is an overbroad recruitment restriction under Illinois law and how to narrow them.
Drought those legal problemsBy John W. DamischAgricultural Law, September 2012An overview of some of the issues affecting farmers and the ag industry that Illinois lawyers should be prepared to address.
Drug shortages—FDA’s ability to respond should be strengthenedHealth Care Law, March 2012As recently reported by NPR, many US hospitals are perilously close to running out of a common cancer drug, methotrexate because a principal supplier of injectable the drug shut down in November after it failed an FDA inspection. Drug shortages in the US have in fact become a major public health concern. A recent report from the Government Accountability Office, summarized in this issue, suggests FDA authority needs to be enhanced to address this problem.
Due process tax nexus and the expatriate inter vivos trustBy Stanley R. KaminskiState and Local Taxation, September 2012Is it legal for the original domiciliary state to continue to impose an income tax on a now-expatriated trust, given the fact that the trust no longer has any contacts with the state?
DUI defense: A checklist for your fileBy Jeremy J. RicheyTraffic Laws and Courts, May 2012By using the checklist, you will be helping to ensure that your clients receive the quality service they deserve and nothing is forgotten.
A DUI with no accident or injury is not an “Emergency response” for restitutionBy J. Brick Van Der SnickTraffic Laws and Courts, December 2012In People v. Allen, Defendant was able to successfully appeal the trial court's order to pay emergency response restitution because his stop did not involve an accident and/or an injury response by the Illinois State Police.
