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The GST Trust Tax Trap

The issues faced by trust and estate lawyers sometimes include complex tax analysis. One of those issues arises when an irrevocable trust skips a generation with trust assets going directly to grandchildren. That event may trigger a tax that is known as the federal generation-skipping transfer (GST) tax. The GST tax can be partially avoided   Continue Reading »

Ruling Raises Questions About OSHA Worksite "Controlling Employer" Policy

An interesting legal development in Texas might prove significant for construction companies and other employers within the jurisdiction of the U.S. Court of Appeals for the Fifth Circuit – and any other jurisdiction that follows its view. The ruling should also encourage employers in other jurisdictions to challenge their circuit court’s rulings on “multiemployer/controlling employer”   Continue Reading »

EEOC Announces Strategic Plan For 2018-2022

The United States Congress requires executive departments, government corporations and independent agencies to develop and post a Strategic Plan on their public websites every four fiscal years. The plan must at least include the following: a mission statement covering the major functions and operations of the agency; general goals and objectives, including outcome-oriented goals for   Continue Reading »

Utilizing the Appointment of Guardians ad Litem as a Defense Tool to Effectuate Settlement in Cases Involving Minor Plaintiffs and/or Minor Beneficiaries

Cases involving catastrophic injuries to minors, whether through birth trauma, motor vehicle collision, or any other alleged mechanism of negligence, can carry extremely high exposure due to the effect the injuries may have on the minor during the rest of his or her life. Especially in cases where liability is in question, litigants should be   Continue Reading »

Illinois Spoliation of Evidence Law -- A Comprehensive Explanation

I.  Elements/definition of spoliation of evidence: Is it an “intentional or fraudulent” threshold or can it be negligent destruction of evidence. Illinois law does not recognize a separate and independent tort for spoliation of evidence. Dardeen v. Kuehling, 213 Ill. 2d 329, 821 N.E.2d 227 (2004); Boyd v. Travelers Ins. Co., 166 Ill. 2d 188,   Continue Reading »

Illinois Court Revisits Attorney-Client Privilege between Insurer and Insured

An issue that often arises in insurance coverage litigation is the extent to which an insured can shelter communications with its attorneys from an insurer which may have a defense duty or may be liable for paying a third party claim. A recent appellate decision means that insurers may not obtain attorney-client communications from their   Continue Reading »

Risk Management: Avoiding Unnecessary Litigation in the Enforcement of Sign Codes

INTRODUCTION Signs used by citizens to convey messages to the public are generally regulated by local town codes and ordinances. Restrictions on the use of such signs can create constitutional issues that municipalities must be wary of when enforcing the provisions of their particular code. Sign use restrictions in an Arizona town’s code were recently   Continue Reading »

Genetics - The Future is Now

Johnson & Bell Shareholders, D. Patterson Gloor and Stephen P. Ellenbecker, along with Law Clerk, Stephanie Flowers, have developed this primer on the burgeoning area of genetics and its interplay in litigation.  The article touches on the considerations plaintiffs and defendants should factor into genetic litigation strategies, and the court’s familiarity with genetic issues. Genetics:   Continue Reading »

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