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Articles From 2016

Debra Pogrund Stark of the John Marshall Domestic Violence Clinical Advocacy Program awarded the ISBA Excellence in Legal Education Award for 2016 By Sherry A. Mundorff Women and the Law, August 2016 Our Committee nominated The John Marshall Domestic Violence Clinical Advocacy Program for the ISBA Excellence in Legal Education Award for 2016.
The Defend Trade Secrets Act—New employer rights and responsibilities By Michael R. Lied Labor and Employment Law, September 2016 Businesses now can bring trade secret claims under federal as well as state law and can litigate trade secret claims in federal court without having to establish another basis for jurisdiction.
The Defend Trade Secrets Act—New employer rights and responsibilities By Michael R. Lied Federal Civil Practice, June 2016 Businesses now can bring trade secret claims under federal as well as state law and can litigate trade secret claims in federal court without having to establish another basis for jurisdiction.
A defendant’s right to contest proximate cause in aggravated DUI cases By Anthony A. Bruno Traffic Laws and Courts, May 2016 In People v. Way, The appellate court ruled that the defendant should have been allowed to present her evidence, and the State should have been allowed to attack it.
Deficiency denied due to delay in the sale of collateral By Jeffrey A. Mollet Agricultural Law, May 2016 Once a loan goes bad, the creditor is often left with many avenues and options but little likelihood of a full recovery. But what happens when the creditor’s action, or inaction, becomes an issue?
Demystifying strategic planning: Why do law firms plan? By Alex M. Rechenmacher Law Office Management and Economics, Standing Committee on, June 2016 Set aside the necessary time to write a plan for your firm. Involve your stakeholders and prepare something that everybody can get behind, and your firm is then positioned to clearly speak to clients about why they should retain you for their legal needs.
Department of Treasury releases final DB funding regulations By William H. Mayer Employee Benefits, May 2016 Applicable for plan years beginning on and after January 1, 2016, the final regulations are substantially the same as the proposed regulations, but there a few changes to consider.
Department to consider injection well issues Mineral Law, March 2016 Class II wells are used to inject fluids associated with oil and natural gas production. These fluids are primarily salt water that is brought to the surface while producing oil and gas.
Des Moines Water Works lawsuit: A Big Splash By Kristine A. Tidgren Agricultural Law, May 2016 A complaint filed last year is asking a federal court to do what no other court or state or federal agency has done: declare farm drainage tile to be a “point source” subject to Clean Water Act regulation.
Despite recent progress, criminal records remain a neglected human rights issue By Ken Stalkfleet Human and Civil Rights, June 2016 With HUD recently issuing new guidance on the use of criminal history information by housing providers, now is a good time to discuss the human rights issues attendant to criminal records.
DHS publishes new STEM OPT Rule with effective date of May 10, 2016 By Songhee Sohn International and Immigration Law, April 2016 This new rule makes far-reaching changes to the existing program and contains both opportunities and responsibilities for U.S. employers that employ recent foreign national graduates.
The disappearance of the requirement that the Internal Revenue Service exhaust all reasonable collection efforts against the primary obligor By Benjamin Haskin Federal Taxation, September 2016 Recently, an increasing number of Memorandum Decisions in the United States Tax Court have summarily disposed of this requirement by stating that the existence and extent of transferee liability must be determined by state law, which often does not require the exhaustion of all reasonable collection efforts.
Discount Inn, Inc. v. City of Chicago By Charlotte Adelman Administrative Law, June 2016 In this case, the Seventh Circuit ruled that the fencing ordinance and the weed ordinance should not be invalidated as violations of the Constitution.
Disgorgement of fees ordered in In re Marriage of Squire By Michele M. Jochner Family Law, February 2016 In In re Marriage of Squire, the Appellate Court affirmed a disgorgement order requiring the wife’s attorneys to pay $60,000 to the husband’s attorneys, even though the wife had borrowed funds from her mother to pay her own fees, and the husband was gainfully employed.
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Disposition of cryopreserved pre-embryos settled in Szafranski v. Dunston By Heather M. Hurst Family Law, May 2016 The Court’s hybrid approach is now precedent for any future embryo cases.
Dissipation of assets under the 2016 IMDMA By Lisa M. Nyuli Family Law, August 2016 A look at the important changes regarding dissipation under the modified IMDMA.
Diversity in the practice By Maliha Siddiqui Young Lawyers Division, August 2016 The author shares her experiences as a minority in the legal profession.
Division of retirement assets series, Part I: Marital vs. non-marital – Don’t mix them up! By Veronica A. Silva Employee Benefits, October 2016 The first in a three-part series dedicated to discussing divisions of retirement plan benefits.
Division of retirement assets series, Part I: Marital vs. non-marital – Don’t mix them up! By Veronica A. Silva Family Law, September 2016 The first in a three-part series dedicated to discussing divisions of retirement plan benefits.
Division of retirement assets series, part II: Issues affecting QILDROs By Veronica A. Silva Employee Benefits, December 2016 The second in a three-part series dedicated to discussing divisions of retirement plan benefits.
Division of retirement assets series, part II: Issues affecting QILDROs By Veronica A. Silva Family Law, November 2016 The second in a three-part series dedicated to discussing divisions of retirement plan benefits.
Do your legal research… Very well! By Michael J. Maslanka Real Estate Law, January 2016 Some thoughts on spelling, hyphens and terminology when conducting legal research.
Does the Immigration and Nationality Act allow discrimination based on religion? By Cindy G. Buys International and Immigration Law, June 2016 Why would Congress ban discrimination on these other common grounds, but not include religion?
Dogs in cars—The Amended Humane Care for Animals Act By Melissa Anne Maye Animal Law, June 2016 What actions can a concerned person legally take if he or she sees an animal locked in a parked car on a hot day?
DOL issues groundbreaking fiduciary investment rules By Maria Hiltunen & Ken Sachs Employee Benefits, May 2016 On April 6, 2016, the Department of Labor (DOL) released its long-awaited conflict of interest final rule imposing fiduciary standards on investment professionals regarding their relationships with retirement plan participants, IRA participants and related fiduciaries.
Don’t forget dad! Short-term guardianships aren’t just for the kids By J. Amber Drew Trusts and Estates, November 2016 The Illinois Probate Code specifically authorizes, without court approval, the use of short-term guardianships for disabled adults when the guardian is unavailable or unable to carry out his or her guardianship duties.
Don’t forget dad! Short-term guardianships aren’t just for the kids By J. Amber Drew Elder Law, February 2016 The Illinois Probate Code specifically authorizes, without court approval, the use of short-term guardianships for disabled adults when the guardian is unavailable or unable to carry out his or her guardianship duties.
Don’t go to federal court if you are claiming employment for sexual orientation By Kathryn E. Eisenhart Human and Civil Rights, March 2016 There are more protected categories under the Illinois Human Rights Act.
Drafting a deed in trust without destroying tenancy by the entirety By Frank Greenfield Trusts and Estates, March 2016 A recent Illinois case illustrates how to maintain the protection of tenancy by the entirety when funding a revocable living trust with the marital home.
Drafting an all-star lineup of co-trustees for trust management By Neil T. Goltermann & Daniel S. Porter Trusts and Estates, July 2016 While appointing a team of co-trustees is a great way to take care of each phase of trust management, the following cases provide some specific things to watch out for when drafting the players for the trust management lineup.