Updates & ResourcesElder Law, January 2022Updates and resources on various topics of interest to elder law practitioners.
U.S. Supreme Court Limits USEPA Authority in West Virginia v. EPABy Melissa S. Brown & Michael P. MurphyEnvironmental and Natural Resources Law, October 2022On June 30, 2022, the U.S. Supreme Court issued an opinion addressing the United States Environmental Protection Agency’s authority to devise emissions caps for power plants based on a generation shifting approach.
U.S. Supreme Court: Prejudice Not Required to Find Waiver of Arbitral RightsBy Anabel Blanco & Edward M. MullinsLabor and Employment Law, July 2022The U.S. Supreme Court released a unanimous opinion in Morgan v. Sundance, Inc., holding that the Federal Arbitration Act does not authorize federal courts to create an arbitration-specific procedural rule requiring a finding of prejudice before a party can be found to have waived its right to arbitration.
U.S. Trademark Office Halves Response TimesBy Margo Lynn HablutzelIntellectual Property, December 2022Effective Dec. 3, 2022, the current standard six months due date to respond to a trademark office action is halved to three; for post-registration matters the cleavage is effective Oct. 7, 2023. A three-month extensions to the initial three-month due date may be available for $125. <www.federalregister.gov/d/2022-22217>
USEPA Proposes Further Rules to Limit Methane EmissionsBy Craig R. HedinMineral Law, December 2022The U.S. Environmental Protection Agency has issued proposed supplemental rules to update, strengthen, and expand its November 2021 proposals with respect to methane emissions from new and existing sources in the oil and gas industry.
Using IEPs in Allocating Decision Making and Parenting TimeBy Marilyn Longwell & Dr. Gerald BlechmanFamily Law, November 2022Individual Education Plans include test results and anecdotal comments about a student’s abilities, performance, and behavior in school. In addition to assisting educators determine the child's needs, they can be considered when resolving issues such as parenting time and decision making when parents are divorcing or separating.
Using ‘Non-Lienability’ as a First Tranche Attack to Defeat a Mechanic’s Lien CaseBy Adam WhitemanReal Estate Law, February 2022The Illinois Mechanic’s Lien Act grants to a contractor the right to place a lien on property in order to secure that contractor’s right to obtain fair compensation for the value of services and materials that have been provided. There are times, however, when this process is abused or misapplied.
Using ‘Non-Lienability’ as a First Tranche Attack to Defeat a Mechanic’s Lien CaseBy Adam WhitemanCommercial Banking, Collections, and Bankruptcy, January 2022The Illinois Mechanic’s Lien Act grants to a contractor the right to place a lien on property in order to secure that contractor’s right to obtain fair compensation for the value of services and materials that have been provided. There are times, however, when this process is abused or misapplied.
Using Series Limited Liability CompaniesBy William PriceBusiness Advice and Financial Planning, October 2022An overview of common deal structures that may be encountered in Illinois series LLCs.
USPTO Oddball Fun FactBy Sam Castree, IIIIntellectual Property, September 2022Using the PTO’s Trademark ID Manual, <idm-tmng.uspto.gov/id-master-list-public.html>, can ease examiner acceptance of an application’s goods and services description. And if the exact description you want to use isn’t in the current online manual, you can suggest an addition, usually decided within days, <TmIdSuggest@USPTO.gov>. Too general a description may encroach on prior registrations; too narrow may unnecessarily limit an applicant’s registration rights. Every wonder how oddly specific a trademark goods or services description can get?
The Value of the Transactional AttorneyBy Cameron LythbergReal Estate Law, April 2022All too often, it seems the general public does not understand the value of the transactional attorney.
WATL Celebrates International Women’s Day by Honoring Women and Their SuccessBy Cindy Buys & Kenya Jenkins-WrightWomen and the Law, April 2022In celebration of International Women’s Day, ISBA’s Standing Committee on Women and the Law held a virtual program on March 8, 2022, "Honoring Women and Their Success."
What Every Lawyer Should Know About the Internet of ThingsBy Jonathan NesslerLegal Technology, Standing Committee on, February 2022The internet of things is an ever-expanding group of smart devices that have infiltrated our everyday lives and the daily operations of many law firms. Although they offer a number of benefits, they also present a number of security concerns.
What Family Law Attorneys Need to Know About Instagram #CoachesBy Karen VanderMeerFamily Law, October 2022With the increased popularity of Instagram, a new influential participant is shaping clients' perception on what to expect from their family law cases—the Instagram coach.
What Is Artificial Intelligence, Anyway? Finding a Reasonable DefinitionBy Matt LoarLegal Technology, Standing Committee on, December 2022We hear a lot about artificial intelligence these days, from ethical concerns around bias to the warnings that AI will be the death of us all. But what exactly is artificial intelligence?
What Is Needed to Prove Odd-Lot Permanent Total DisabilityBy Brad L. BadgleyWorkers’ Compensation Law, April 2022If an employee’s disability is limited and it is not obvious that the employee is unemployable, the employee may nevertheless demonstrate an entitlement to permanent total disability by proving that he or she fits within the odd-lot category.
