Section Newsletters

Articles From 2016

The role of neutrality By Lauren Edmunds Alternative Dispute Resolution, April 2016 The author discusses the recent article, “Practice and Paradox: Deconstructing Neutrality in Mediation" by Sarah Cobb and Janet Rifkin.
Sales and Excise Tax 2015-2016 State and Local Taxation, April 2016 New rules related to sales and excise taxes.
Sales and income tax Q and A’s State and Local Taxation, April 2016 Two questions recently posed to the IDOR and their responses.
Sales/excise tax update – 2016 legislation and rulemaking State and Local Taxation, November 2016 Recently enacted laws and rules related to sales and excise tax.
Sanctity of jury process upheld By Michael J. Maslanka Human and Civil Rights, June 2016 In a case recently decided by the U.S. Court of Appeals for the Seventh Circuit, a District Court’s judgment of conviction on a jury’s guilty verdict was reversed and the case was remanded for a new trial because of an improper jury verdict.
Saudi Arabia: Final step towards Regional Trademark Law Intellectual Property, September 2016 The Cooperation Council for the Arab States of the Gulf (GCC) Trademark Law, unlike the GCC Patent Law, is a unifying, not a unitary law.It stipulates a set of uniform provisions for all GCC countries, but does not offer a unitary registration system. New GCC Trademark Law and Implementing Regulations were published in the Saudi Official Gazette 1 July 2016, and are expected to become effective 90 days thereafter.
Save the Date: Government Lawyers, June 2016 The ISBA’s Committee on Government Lawyers has created a new CLE program focusing on the Open Meetings Act, scheduled for October 13th, 2016 in Springfield.
Second Circuit denies sovereign immunity to instrumentality of foreign state that caused securities fraud losses in the U.S. By John R. Schleppenbach Business and Securities Law, May 2016 Foreign sovereigns who marketed securities in the U.S. and caused losses there will not be able to assert sovereign immunity to avoid U.S. securities fraud actions.
Second District Appellate Court determines that the PTELL rules over all By Ruth A. Schlossberg & Michael J. Smoron Local Government Law, July 2016 Hampshire Township Road District v. John A. Cunningham, Kane County Clerk serves as a reminder that the Property Tax Extension Limitation Law statutory scheme is intended to be so broad in scope as to control and prevail over other statutes containing what may otherwise appear to be self-contained referendum procedures independent of PTELL.
1 comment (Most recent July 18, 2016)
The Second District avoids causing new ripples in the common law “test the waters” doctrine By Edward Casmere & Kaitlin Klamann Bench and Bar, September 2016 While the Illinois appellate courts continue to disagree as to whether the “test the waters” doctrine may serve as a basis for denying a motion for substitution of judge, both the Supreme Court and the Second District have signaled that, when considering a Section 2-1001 motion, trial court judges should consider whether the circumstances indicate that a party is seeking to gain a tactical advantage through gamesmanship and judge-shopping.
Second District provides recapture rights not subject to foreclosure By Michael J. Smoron Local Government Law, March 2016 F.R.S. Development Company, Inc. v. American Community Bank and Trust clarifies the nature of recapture rights and has implications for municipal counsel when dealing with recapture issues.
Secretary of State administrative code changes 2016 By Ted Harvatin Traffic Laws and Courts, July 2016 A look at the recent rule changes within the Secretary of State's purview. 
Section 13-217 of the Code of Civil Procedure does not apply to Illinois workers’ compensation cases that are dismissed for want of prosecution By Timothy C. Steil Workers’ Compensation Law, April 2016 A summary of the recent case of Farrar v. Illinois Workers’ Compensation Comm’n.
Section 529A ABLE accounts opening throughout the United States By Adam M. Ansari Trusts and Estates, June 2016 According to the National Disability Institute, there are 58 million individuals with disabilities in the United States and at least 10% of these individuals would qualify for the creation of an ABLE Account under the current eligibility requirements.
Semi truck driver found to be an independent contractor of transportation company By Courtney M. Quilter Workers’ Compensation Law, April 2016 The case of Esquinca v. IWCC presented the issue of whether claimant, a semi truck driver, was an employee of Respondent, a transportation company.
Serving a dissolved company: Isfan v. Longwood Tower By Hon. Daniel T. Gillespie & Daniel Burley Civil Practice and Procedure, September 2016 How does a party serve a dissolved entity? It depends on whether the company is a limited liability entity or a corporation. The distinction is important, as improperly serving a dissolved entity can scuttle a case.
The Seventh Circuit Electronic Discovery Pilot Program: The first seven years By Timothy J. Chorvat Federal Civil Practice, June 2016 Over the last seven years, the Pilot Program has promulgated principles designed to make discovery of electronically stored information (“ESI”) more efficient and cooperative, implemented those principles in hundreds of cases, and offered numerous educational programs to lawyers and others.
Seventh Circuit finds that Chicago principal was not terminated due to his age By Phyleccia Cole Education Law, June 2016 A summary of the recent decision in Lionel Bordelon v. Board of Education of the City of Chicago.
Seventh Circuit rejects teacher’s challenge to district policy on use of racial epithets in classroom By Phil Milsk Education Law, June 2016 In Brown v. Chicago Board of Education, a sixth grade teacher challenged his suspension for violating a Board policy regarding the use of racially offensive words in class.
Sheriff sale purchasers keep the property despite void judgment of foreclosure and sale By Robert Handley & Grzegorz (Greg) Czubernat Commercial Banking, Collections, and Bankruptcy, August 2016 The case of U.S. Bank N.A. v. Rahman reminds us that when serving a defendant in Cook County, no matter where the case is pending, service of process must be effectuated by the Cook County Sheriff, unless the court appoints a special process server.
1 comment (Most recent August 16, 2016)
“Short form” agreements under Arab Commercial Agency Law: Some legal and practical issues By Howard L. Stovall International and Immigration Law, September 2016 In general, Arab businessmen tend to prefer shorter agreements than their Western counterparts. This article briefly discusses some of the implications of using such short form commercial agency agreements.
A short summary of Ortiz v. Werner Enterprises, Inc., 2016 WL 4411434 (7th Cir. 2016) By Kathryn E. Eisenhart Labor and Employment Law, December 2016 This opinion is important because it clarifies methods used to determine whether proscribed discrimination has led to adverse employment action.
A short summary of Ortiz v. Werner Enterprises, Inc., 2016 WL 4411434 (7th Cir. 2016) By Kathryn E. Eisenhart Human and Civil Rights, October 2016 This opinion is important because it clarifies methods used to determine whether proscribed discrimination has led to adverse employment action.
Should “free consultations” R.I.P.? By Nicole Sartori Law Office Management and Economics, Standing Committee on, October 2016 Before discussing the advantages and disadvantages of charging a consultation fee, one must consider the type of client they are seeking and the type of law they are practicing.
Should you merge with another law firm? By John W. Olmstead Law Office Management and Economics, Standing Committee on, June 2016 While mergers can be a valid option, making them work is often another matter. Consider these tips before your firm makes the leap.
Should you try a nature and extent case without a sixth edition AMA guideline rating? By Richard D. Hannigan & Cameron B. Clark Workers’ Compensation Law, July 2016 If you are considering trying a case in the near future and permanent partial disability is an issue, the authors suggest you consider whether you wish to have an AMA rating submitted to the arbitrator for consideration.
Significant 2015 federal court decisions in environmental law By Kenneth Anspach Environmental and Natural Resources Law, August 2016 Make note of these important decisions affecting environmental laws.
Six-person jury law found unconstitutional By Robert T. Park Civil Practice and Procedure, February 2016 In Kakos v. Butler on December 21, Cook County Circuit Judge William Gomolinksi handed down an Order and Opinion that found PA 98-1132 unconstitutional because it violates the directive of the Illinois Constitution, Article I, Section 13.
Smart phones in the workplace—Eating away at office efficiency By Kevin J. Stine Law Office Management and Economics, Standing Committee on, October 2016 What reasonable boundaries should you set to ensure smart phones don't contribute to your firm's inefficiency?
Smoke N Stuff v. City of Chicago: Does the One-Act, One-Crime Rule Apply to Proceedings at Municipal Administrative Hearings? By Patrick T. Driscoll, Jr. Government Lawyers, January 2016 Smoke N Stuff v. City of Chicago serves as a reminder that license revocation is a possible sanction even when someone’s business is at stake.