New legislation gives mechanics lien claimants priorityBy Michael T. Nigro & Howard M. TurnerConstruction Law, June 2013On February 11, 2013 the Illinois Legislature passed an amendment to the Mechanics Lien Act that reverses the effect of LaSalle National Bank vs. Cypress Creek 1, LP decided by the Illinois Supreme Court in 2011.
A new option for resolving investment fraud disputesBy Laurence M. LandsmanBusiness and Securities Law, July 2013This article provides the analytical framework for deciding whether to arbitrate a securities dispute involving a registered investment advisor within the FINRA Dispute Resolution process rather than file a lawsuit and litigate the claims in court.
New Phase I ASTM standard coming in 2013By Steve SawyerEnvironmental and Natural Resources Law, March 2013The ASTM E1527 task group is finalizing their revisions to the Phase I Environmental Site Assessment standard that will take effect in 2013.
The New Property Tax Exemptions Rules for Not-for-Profit Hospitals and Hospital Affiliates in IllinoisBy Kelly M. GrecoReal Estate Law, June 2013This article first discusses the background of property tax exemption in Illinois and the supreme court’s decision in Provena. The article then discusses the Act’s amendment to the Code and how property tax exemptions for not-for-profit hospitals and hospital affiliates will be analyzed moving forward.
New radon requirements and changes to radon disclosure in 2013By Kelly M. GrecoReal Estate Law, February 2013On August 17, 2012, Governor Quinn approved House Bill 4606, which created new radon requirements in Illinois as well as changes to radon disclosure by amending both The Child Care Act of 1969 and The Illinois Radon Awareness Act.
New rules enforcing Illinois non-competes—Now easier or harder?By Richard A. SugarLabor and Employment Law, September 2013In a recent trifecta of Illinois Appellate Court cases, judges have altered the landscape in Illinois regarding the lengths to which employers can go to protect their customers, clients, patients, and marketplace from competition originating from former employees
New SEC crowdfunding rulesBy William A. PriceBusiness and Securities Law, November 2013An update on the rules governing crowdfunding.
Newly proposed vapor intrusion restrictionsBy Raymond T. ReottEnvironmental and Natural Resources Law, February 2013On January 10, 2013, the Illinois Pollution Control Board issued its long-awaited opinion in the pending indoor air inhalation or vapor intrusion regulations.
NLRB Office of Advice proposed Confidentiality RuleBy Gerard A. McInnisLabor and Employment Law, May 2013An employer who adopts the rule outlined in this article is less likely to face a complaint from a Regional Office
No duty to preserve evidence in negligent spoliation caseBy Hon. Russell W. Hartigan & Christina FaklisCivil Practice and Procedure, January 2013A discussion of the Illinois Supreme Court’s reasoning and impact of the recent case of Martin v. Keeley & Sons, Inc., where the Court held that the defendants had no duty to preserve the physical evidence, a concrete I-beam that fell and injured several employees during a bridge collapse.
No need to rush into frackingBy Vito A. MastrangeloWomen and the Law, May 2013This Op-Ed was featured in the Chicago Sun Times on March 14, 2013
No strict liability under the Illinois Animal Control ActBy Jason G. SchutteCivil Practice and Procedure, August 2013In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
No strict liability under the Illinois Animal Control ActBy Jason G. SchutteAnimal Law, August 2013In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
Non-citizen defendants charged with state drug crimes: Some new, refreshing jurisprudenceBy Patrick M. KinnallyInternational and Immigration Law, July 2013Two recent decisions from the Supreme Court provide further definition to the area of State law drug possession and trafficking crimes and whether they constitute aggravated felonies which would make a non-citizen defendant deportable.
Non-residents’ streams of conduct and personal jurisdictionBy Jeffrey A. ParnessCivil Practice and Procedure, July 2013The most difficult issue in specific jurisdiction cases often involves the requirement of purposeful availment by the nonresident of the benefits to be had in the foreign forum. The U.S. Supreme Court recently granted certiorari in Fiore v. Walden, affording it yet another chance to elaborate on this requirement.
A note concerning legacy (pre-1992) Medicare supplement policiesBy James T. NyesteInsurance Law, October 2013The author advises that practitioners with elderly clients should get a copy of the client's Medicare supplement policy, since it's possible that the client has a legacy Medicare supplement policy that provides extended coverage.
A note from the ChairBy Hon. Ann B. JorgensenBench and Bar, February 2013A message from the Section Chair, Justice Ann B. Jorgensen.
A note from the co-editorsBy Mary Ann Connelly & Stanley R. KaminskiState and Local Taxation, December 2013An introduction to the issue from co-editors Mary Ann Connelly and Stan Kaminski.
A note from the co-editorsBy Mary Ann Connelly & Stanley R. KaminskiState and Local Taxation, November 2013An introduction to the issue from co-editors Mary Ann Connelly and Stan Kaminski.
A note from the co-editorsBy Mary Ann Connelly & Stanley R. KaminskiState and Local Taxation, October 2013An introduction to the issue from co-editors Mary Ann Connelly and Stan Kaminski.