Articles From 2016

The Montreal Convention governs all claims on board an international flight—Even complaints about passengers who refuse to turn off their cell phones By Ahmad Al Dajani International and Immigration Law, April 2016 Lawyers engaged in any litigation involving international flights should remember that the Montreal Convention is the exclusive remedy for any claims arising during an international flight or in the process of embarking or disembarking an international flight.
Mooting ahead of class certification after Campbell-Ewald Co. v. Gomez By Ken Stalkfleet Federal Civil Practice, February 2016 The Supreme Court’s recent decision in Campbell-Ewald Co. v. Gomez closes the door on one strategy for rendering a case moot prior to class certification while providing guideposts for possible future strategies.
Mortgagees beware: Rents and profits rule By R. Stephen Scott Commercial Banking, Collections, and Bankruptcy, February 2016 With defaults continuing on commercial property mortgage notes in many sectors of the United States, it is worth reminding mortgagees and loan servicers that the “Rents and Profits Rule” (the “Rule”) continues in effect in Illinois.
Musicians vs. politicians – The saga continues By Margo Lynn Hablutzel Intellectual Property, September 2016 Popular music has historically had political aspects. Politicians love music, using it to underscore their platforms, highlight their entrances, and set a tone for their campaigns. But musicians don’t always want politicians using their music. Several recent disputes are summarized.
My first 10 steps in foreclosing a mortgage By Lawrence O. Taliana Commercial Banking, Collections, and Bankruptcy, May 2016 Over the course of his career, author Lawrence Taliana has worked to develop a step-by-step procedure for foreclosing on real estate.
Never say never—Just almost never: Equitable defenses to back child support claims By Marilyn Longwell & Anne L. Mueller Family Law, October 2016 However sympathetic your prospective client may seem, be cautious in taking on claims for child support arrearages unless your client has a strong defense of equitable estoppel.
New FOIA decisions By Everett Nicholas Education Law, August 2016 On June 24, 2016, the First District interpreted the question of whether the Illinois High School Association was a subsidiary body subject to FOIA. The Second District addressed the question of what types of data a public body must disclose from its databases.
New Ill. lien bond statute makes claim resolution easier By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, May 2016 Illinois is the last state to enact a lien bond statute. The new law is probably the most complicated lien bond statute and far more protective of lien claimants than those in other states.
New Illinois Public Acts By Phil Milsk Education Law, September 2016 Recently signed legislation concerning education.
New Illinois Public Acts By Phil Milsk Education Law, August 2016 New laws of interest to education law practitioners.
New laws in 2016 By Joseph T. Monahan Mental Health Law, April 2016 The new year brought a variety of new laws and amendments to existing laws taking effect in Illinois.
New legal rules regarding medical cannabis By Meryl Camin Sosa Mental Health Law, December 2016 A discussion of the new rules as well as the existing legal requirements regarding medical cannabis.
New ‘office away from the office’ especially for the small, non-downtown firms By Anna P. Krolikowska General Practice, Solo, and Small Firm, July 2016 Have you checked out the ISBA Mutual’s lawyers’ space at 20 S. Clark St., on the eighth floor? There you can find a quiet café where you can help yourself to a cup of coffee or tea, enjoy a great view, and take advantage of free Wi-Fi. Also available are micro-offices where you can make private calls.
1 comment (Most recent July 15, 2016)
A new option for new lawyers: Your first downtown office By Marie K. Sarantakis Young Lawyers Division, August 2016 Have you checked out ISBA Mutual's FREE office space for Illinois lawyers yet?
New overdose prevention requirements for Illinois first responders By Jennifer Bannon Government Lawyers, April 2016 Among the new requirements, all State and local government agencies that employ law enforcement officers or firefighters must carry opioid antagonists.
New overtime rule impacts exempt employees By Donald S. Rothschild & Brian M. Dougherty Business Advice and Financial Planning, September 2016 On May 18, 2016, the U.S. Department of Labor issued its Final Rule which made significant changes to EAP and HC employees’ salary and compensation levels. The Final Rule did not make any changes to the salary basis test or duties test. The Final Rule becomes effective on December 1, 2016.
New overtime rule impacts exempt employees By Donald S. Rothschild & Brian M. Dougherty Labor and Employment Law, September 2016 On May 18, 2016, the U.S. Department of Labor issued its Final Rule which made significant changes to EAP and HC employees’ salary and compensation levels. The Final Rule did not make any changes to the salary basis test or duties test. The Final Rule becomes effective on December 1, 2016.
The new Rules of Federal Procedure—They’re here By John J. Holevas Federal Civil Practice, February 2016 A highlight of five of the most significant changes to the discovery rules of the Federal Rules of Civil Procedure.
New study finds seasonal increases in divorce By Michele M. Jochner Family Law, October 2016 A recent study conducted by sociologists at the University of Washington has revealed a fall seasonal occurrence: an increase in filings for divorce.
2 comments (Most recent November 2, 2016)
New year, new you? Will 2016 differ from 2015? By Anna P. Krolikowska General Practice, Solo, and Small Firm, March 2016 A message and call for articles from Section Chair Anna Krolikowska.
News to know Administrative Law, May 2016 A list of Administrative Law Judges.
No common law rights for unmarried cohabitants By Gary R. Gehlbach Trusts and Estates, December 2016 In a recent Illinois Supreme Court decision, Blumenthal v. Brewer, the court ruled that to afford unmarried partners the right to enforce mutual property rights under common law would be tantamount to recognizing common law marriage.
No reliance required: Clarification on elements of Section 12(H) claim under Illinois Securities laws By Peter J. Evans Business and Securities Law, December 2016 Recently, the Illinois Appellate Court for the First District decided JJR, LLC v. Turner, in which it analyzed the elements of certain claims under Section 12 of the Illinois Securities Law of 1953 and, for the first time, addressed the requirements for a claim under Section 12(H).
Note from the Chair By George L. Schoenbeck Young Lawyers Division, October 2016 A message from YLD Chair George Schoenbeck.
A note from the Chair By Gary H. Smith State and Local Taxation, February 2016 An invitation to join the new State & Local Taxation Discussion Group.
A note from the Chair: Why a new lawyer should consider active involvement In the ISBA By George L. Schoenbeck Young Lawyers Division, December 2016 A look at the benefits awaiting new and young lawyers who become actively involved in the ISBA.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, December 2016 An introduction to the issue from co-editors Mary Ann Connelly and Stan Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, November 2016 An introduction to the issue from co-editors Mary Ann Connelly and Stanley R. Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, October 2016 An introduction to the issue from co-editors Mary Ann Connelly and Stan Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, September 2016 News, updates, and an introduction to this issue from co-editors Mary Ann Connelly and Stan Kaminski.