S.C.O.T.U.S refuses to revive a Delaware arbitration programBy Kyler JuckinsAlternative Dispute Resolution, December 2014In March of this year, the U.S. Supreme court made the decision to refuse the revival of A Delaware arbitration program that allows judges to respond to corporate disputes confidentially.
Second Circuit clarifies bar on extraterritorial application of U.S. securities lawsBy John R. SchleppenbachBusiness and Securities Law, October 2014The bar on the extraterritorial application of the U.S. securities laws applies to cases involving foreign purchases of foreign securities even if the securities are cross-listed on a domestic exchange.
Section 34 of the Illinois Mechanics Lien ActBy Howard M. TurnerConstruction Law, June 2014The Mechanics Lien Act is strictly construed. It can be a trap for the unwary. Extra care should be taken in serving Section 34 notices and in responding to them.
Seminar on the commercial sexual exploitation of childrenBy Yolaine DauphinRacial and Ethnic Minorities and the Law, March 2014On October 10, 2014, the ISBA’s Standing Committee on Racial and Ethnic Minorities & the Law and the Administrative Law Section Council propose to conduct a seminar on human trafficking, focusing on the plight of children who are trafficked for commercial sexual exploitation.
Seminar on the commercial sexual exploitation of childrenBy Yolaine DauphinAdministrative Law, February 2014On October 10, 2014, the ISBA’s Standing Committee on Racial and Ethnic Minorities & the Law and the Administrative Law Section Council propose to conduct a seminar on human trafficking, focusing on the plight of children who are trafficked for commercial sexual exploitation.
Seventh Circuit questions usefulness of trademark surveysBy Eric R. WaltmireIntellectual Property, February 2014Defendant, restaurant operator planned to expand its restaurant sales to food products in grocery stores under its CRACKER BARREL & Design logo. Kraft, maker of CRACKER BARREL cheese, won an injunction, affirmed by the Seventh Circuit, which questioned consumer survey utility in trademark disputes.
Seventh Circuit turns down RLUIPA claims for a bible camp when other options availableBy Michael J. SmoronLocal Government Law, March 2014The Seventh Circuit’s decision in Eagle Cove Camp and Conference Center, Inc. v. Town of Woodboro, Wisconsin, Oneida County, Wisconsin and Oneida County Board of Adjustment reinforces the need for units of government to develop a carefully prepared comprehensive plan, with options for religious assembly and other activities, and to adhere to it in order to survive a religious-based zoning challenge.
Severance agreements do not create new debt and are valid under the Park District CodeBy Hon. Russell W. Hartigan & Griffen ThorneCivil Practice and Procedure, May 2014The bottom line in Wheeling Park District v. Arnold is that although park district board members can be given broad authority—like the running of day-to-day operations or the ability to hire and fire—that authority cannot extend to binding a park district in any agreement that “creates any debt, obligation, claim or liability.”
Sharbono v. Hilborn: The use of PowerPoint at trial—More than just demonstrative evidence?By Richard L. TurnerCivil Practice and Procedure, July 2014The case of Sharbono v. Hilborn presents an interesting discussion with respect to the use of technology at trial, and whether a PowerPoint presentation can be properly classified as either “demonstrative” or “evidentiary,” as well as the necessary foundation for the use of such technology/demonstration at trial.
Should a mediator be an attorney?By Jon KingzetteAlternative Dispute Resolution, January 2014There is nothing that bars attorneys from being mediators, and there is no law that should do such a thing.
Should there be a presumption favoring awards of attorney fees in copyright litigation?By William T. McGrathIntellectual Property, June 2014Section 505 of the Copyright Act allows courts to award attorney fees to the prevailing party in a copyright case. Twenty years ago, the Supreme Court in Fogerty v. Fantasy, Inc. held that courts should assess fees using an “evenhanded” approach rather than one favoring a prevailing plaintiff. The Court emphasized the importance of the “equitable discretion” of the district courts in awarding fees. But in recent years, the Seventh Circuit has called for “presumptive entitlement” of attorney’s fees to the prevailing party. This paper points out the number of problem with such a presumption, including the difference between a presumption and an inference and the chilling effect on plaintiffs with legitimate claims.
Silence as acceptance in contract— A brief summary of Arab Middle Eastern lawBy Howard L. StovallInternational and Immigration Law, September 2014In most instances, silence in the face of an offer is not sufficient to constitute such acceptance. However, there are some limited exceptions in which silence can be deemed acceptance.
Small estate administration primerBy Gary R. GehlbachTrusts and Estates, June 2014While administering a decedent’s estate can be quite simple at times, often the attorney will find that there are nuances that require thought and skills that can be utilized to benefit the client.
Small estate agreement—Practice tipBy Gary R. GehlbachTrusts and Estates, September 2014The author shares his sample agreement, which is typically coupled with a small estate affidavit.
Smith v. Aegon Companies Pension Plan: Enforceability of venue selection clausesBy Nancy G. Ross & Samuel P. MylerEmployee Benefits, December 2014While some district courts, such as the Northern District of Illinois in Coleman v. Supervalu, Inc. Short Term Disability Program have agreed with plan participants that venue selection clauses are inconsistent with ERISA, the Sixth Circuit’s recent 2-1 decision in Smith v. Aegon Companies Pension Plan lends strong support for the prevailing view among the district courts that such clauses are enforceable.
So you want to subpoena a party’s e-mails?By George S. Bellas & Steve FordCivil Practice and Procedure, November 2014Many courts across the United States have quashed subpoenas on the basis that an Internet service provider cannot be compelled to disclose a party’s e-mails pursuant to a civil subpoena.
Some Illinois same-sex marriages may be voidBy Evan BrunoHuman and Civil Rights, June 2014A well-meaning County Clerk's gesture of giving same-sex couples an extra few months of marriage might end up doing more harm than good.
Someday all this will be yours: A history of inheritance and old ageBy Juan C. AntúnezTrusts and Estates, December 2014The author discusses a Princeton history professor's fascinating study of more than 200 New Jersey appellate opinions involving estate disputes from 1840 to 1940.
Someone you should know: The Honorable Harry LeinenweberBy Justin L. LeinenweberGovernment Lawyers, April 2014Learn more about Judge Leinenweber, who was nominated by President Reagan to the United States District Court for the Northern District of Illinois in 1985.
Someone you should know: Tracy DouglasWomen and the Law, October 2014Find out more Tracy Douglas, an active member of the WATL Committee and winner of the 2014 ISBA Young Lawyer of the Award (outside Cook County).
Special interrogatoriesBy Thomas F. Tobin, IIITort Law, September 2014Section 5/2-1108 of the Illinois Code of Civil Procedure governs the use of Special Interrogatories. It specifically states that when the special finding of fact is inconsistent with the general verdict, the former controls the latter and the court may enter judgment accordingly.
Special warranty deedsBy John C. MurrayReal Estate Law, August 2014A discussion and analysis of special warranty deeds, and a look at the court decisions that have ruled on their effect.
Spend it while you can!By John W. DamischSenior Lawyers, November 2014The author suggests lawyers advise their clients to spend some of their money and have fun while they can-- and that lawyers should take the same advice!
