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Articles From 2020

Reflections From the Trenches of a New Law Firm By Steven L. Baron Intellectual Property, December 2020 A lawyer reflects on why and how to start a law firm after practicing law for 30 years with other law firms.
Reflections on Ethics, Morality, and Codes of Personal Conduct By J.D. Jordan & Judge Michael S. Jordan, (ret.) Alternative Dispute Resolution, April 2020 A reflection on morals and ethics.
Reflections on Ethics, Morality, and Codes of Personal Conduct By J.D. Jordan & Judge Michael S. Jordan, (ret.) Bench and Bar, March 2020 A reflection on morals and ethics.
Regarding Litigants and Facebook By Gary L. Schlesinger Civil Practice and Procedure, July 2020 A look at the issues that arise when judges have litigants or lawyers who appear before them as friends on Facebook.
1 comment (Most recent July 21, 2020)
Reimbursement Revisited: Teleworking Costs in the Age Of COVID-19 By Christopher Hennessy & Jeremy Glenn Labor and Employment Law, May 2020 Given the unprecedented surge in teleworking, further discussion is warranted in an effort to predict how Illinois courts may interpret the Wage Payment and Collection Act when evaluating reimbursement of potential costs associated with teleworking.
Relocation By Erin Wilson Family Law, April 2020 In In Re Marriage of Collingbourne, the Illinois Supreme Court further developed the five factors to balance in removal cases set forth in In re Marriage of Eckert.
Reminder: Courts ‘Do Not Serve as a Safety Net for Bad Choices” By Ronald D. Menna, Jr. Civil Practice and Procedure, December 2020 In Doe v. Parrillo, the appellate court examined the consequences of a defendant’s and his attorneys’ refusal to attend and participate in the jury trial.
Residential Parent Designation Ramifications Under the School Code By Fiona A. McCormick & Katherine A. McCollum Family Law, June 2020 Putting together an allocation of parental responsibilities judgment takes a lot of time and consideration on the part of the attorneys and the clients.
Residential Zoning Variance Request Denied: A Review of First American Bank, et al. v. Village of Wilmette, 2019 IL App (1st) 181436 By Joseph W. Rogul Real Estate Law, February 2020 The recently decided First American Bank v. Wilmette case presents a very good review and illustration of some of the general principles that courts will apply in determining whether to reverse a municipality’s decisions regarding applications by owners of real property for zoning variances in order to develop their land.
A Response From Keith Staats on Paul Berks’ Contrary View of the Best Buy Decision By Keith Staats State and Local Taxation, November 2020 A response to Paul Berks' article on the decision in Best Buy Stores, L.P. v. Department of Revenue.
A Response to ‘It’s None of Your Business … Or Is it?’ By Susan T. Bart Trusts and Estates, October 2020 A response to a recently published article dealing with the Illinois Trust Code.
Restoration of Gun Rights After Domestic Battery Conviction By James Stern Criminal Justice, August 2020 A summary of Johnson v. State Police, in which a Firearm Owner’s Identification card was revoked under the Firearm Owners Identification Card Act (430 ILCS 65/8(n) due to a conviction for a misdemeanor involving domestic violence.
Restore Construction Company, Inc., v. The Board of Education of Proviso Township High Schools District 209 By Karen Kies DeGrand Construction Law, July 2020 A summary and analysis of Restore Construction Company, Inc., v. The Board of Education of Proviso Township High Schools District 209.
Restrictive Covenant Rules in the Real World By Joe Souligne Civil Practice and Procedure, August 2020 Although the law regarding restrictive covenants is often considered well settled, such contractual clauses can still lead to many fundamental disagreements as to their enforceability, especially where commercial interests are concerned.
Revolution or Evolution: Remote Online Notarization and Remote Witnesses … Oh My! By Neil T. Goltermann Trusts and Estates, April 2020 A look at how COVID-19 has affected the practice of law.
1 comment (Most recent April 11, 2020)
The Right of Confrontation: A Concept for the Ages By Hon. Jesse G. Reyes Bench and Bar, June 2020 With non-traditional avenues of providing justice on the rise, the question then becomes: Can trials be constitutionally conducted over remote video conferencing platforms where the participants will not be face-to-face?
‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court? By Jeffrey A. Mollet Real Estate Law, October 2020 Presently, there are a multitude of “right to farm” state court decisions on the books—and Indiana's right to farm statute could be headed to the United States Supreme Court.
‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court? By Jeffrey A. Mollet Agricultural Law, September 2020 Presently, there are a multitude of “right to farm” state court decisions on the books—and Indiana's right to farm statute could be headed to the United States Supreme Court.
The Right to Setoff in Bankruptcy: Debtors vs. Farm Service Agency By Jeffrey A. Mollet Agricultural Law, June 2020 An interesting issue as to the right of setoff, or lack thereof, was recently addressed in a farm bankruptcy dispute between husband and wife debtors and the Farm Service Agency.
The Rule of Capture: Pennsylvania Decision By Craig R. Hedin Mineral Law, March 2020 The Pennsylvania Supreme Court recently overturned the appellate court's decision in Briggs v. Southwestern Energy Production Co.
Saccameno v. Ocwen Loan Servicing, LLC: Punitive Damages Awarded When Business Ignores Its Own Database By Connor Q. Hollander & Prof. Charles W. Murdock Business and Securities Law, June 2020 In Saccameno v. Ocwen Loan Servicing, LLC, the court affirmed a jury verdict of punitive damages for violating the Illinois Consumer Fraud and Deceptive Business Practices Act based on Illinois’ corporate complicity doctrine.
Save Judicial Resources: Eliminate Orders for Alias Summons By Robert G. Markoff & Steven A. Markoff Commercial Banking, Collections, and Bankruptcy, June 2020 Judges contemplating how to resume their court calls should consider setting a specific time period for the plaintiff to obtain service.
SCOTUS Provides Guidance for Determining a Child’s ‘Habitual Residence’ Under the Hague Convention By Stephanie A. Capps Family Law, June 2020 The Supreme Court of the United States recently issued an opinion holding that an actual agreement between the parties is not necessary to determine a child’s “habitual residence” under the Hague Convention.
SCOTUS Provides Guidance for Determining a Child’s ‘Habitual Residence’ Under the Hague Convention By Stephanie A. Capps Family Law, May 2020 The Supreme Court of the United States recently issued an opinion holding that an actual agreement between the parties is not necessary to determine a child’s “habitual residence” under the Hague Convention.
Second Citations to Discover Assets Directed to a Previous Respondent By Robert G. Markoff Commercial Banking, Collections, and Bankruptcy, February 2020 Supreme Court Rule 277 imposes a major limitation on the number of citations to discover assets that may be issued to one party.
The Second District Civil Decision Digest for the Commercial Banking, Collections & Bankruptcy Section By Andrew J. Mertzenich Commercial Banking, Collections, and Bankruptcy, December 2020 Summaries of cases that may be of interest to the Commercial Banking, Collections, & Bankruptcy Section.
The Second District Civil Decision Digest for the Commercial Banking, Collections, & Bankruptcy Section By Andrew J. Mertzenich Commercial Banking, Collections, and Bankruptcy, November 2020 Summaries of cases of interest to members of the Commercial Banking, Collections, and Bankruptcy Section.
Second District Confirms That Receiver Certificates May Prime Prior Liens By James M. Dash & Steven D. Mroczkowski Construction Law, December 2020 The appellate court recently held in REEF-PCG, LLC v. 747 Properties, LLC that debt certificates issued by a court-appointed receiver for the cost of completing construction of improvements may be entitled to a lien against the subject property that has priority over earlier liens.
Second District Confirms That Receiver Certificates May Prime Prior Liens By James M. Dash & Steven D. Mroczkowski Commercial Banking, Collections, and Bankruptcy, October 2020 The appellate court recently held in REEF-PCG, LLC v. 747 Properties, LLC that debt certificates issued by a court-appointed receiver for the cost of completing construction of improvements may be entitled to a lien against the subject property that has priority over earlier liens.
The SECURE Act – Congress Just Moved the Goalposts By Patrick D. Owens Trusts and Estates, May 2020 An overview of some of the major provisions of the Setting Each Community Up for Retirement Enhancement Act, which passed Congress in December and became effective January 1, 2020.