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03/08/10
03/01/2010
Chicago Lawyer
Mike Philippi Reviews Café 103 as Chicago Lawyer's Restaurant Critic
03/01/10
McKnight's Long-Term Care News

I contribute to purchasing decisions at our facility and am not sure what type of “premiums” or gifts I should accept from vendors and suppliers. Any advice on this?

March 2010
ABI Journal
03/01/2010
Healthcare Update
02/01/10
Chicago Lawyer
Mike Philippi Reviews Shikago as Chicago Lawyer's Restaurant Critic
01/22/10
01/19/10
Healthcare Update
01/01/10
McKnight's Long-Term Care News

What type of monitoring of my employees' computer use at work can I do? I think there's a lot of time-wasting Internet surfing and e-mailing, etc., going on. I would like to quash at least some of it. What are the best ways to do this?

01/01/10
Chicago Lawyer
Mike Philippi Reviews Roof as Chicago Lawyer's Restaurant Critic
12/28/2009
12/01/09
McKnight's Long-Term Care News
We are planning our annual holiday party. Should we have any concerns?
11/20/09
Labor & Employment Update - Holiday Edition
Labor & Employment Update - Holiday Edition
11/18/09
11/17/09
Chicago Lawyer
Mike Philippi Reviews La Scarola as Chicago Lawyer's Restaurant Critic
11/04/09
11/01/09
Illinois Bar Journal
Jim Shanley Authors Illinois Bar Journal Article
10/27/09
2009-02
10/15/09
10/07/09
Real Estate Update
10/01/09
Chicago Lawyer
Mike Philippi Reviews one sixtyblue as Chicago Lawyer's Restaurant Critic
10/01/09
McKnight's Long-Term Care News
What can we do to discourage employees from getting tattoos and body piercings?
09/24/09
Real Estate Update
03/24/09
Healthcare Update -- March 2009, Updated 9/23/09
Pursuant to an action of the Federal Trade Commission, the deadline for implementation of a written identity theft prevention program has been extended to November 1, 2009.
09/22/09
09/11/09
Energy Update -- September 2009, Updated February 2010
September 2009
Casino Enterprise Management
09/01/09
Penta Group S.r.l. (e-book, www.toplegal.it ), September, 2009
Charles R. Bernardini Authors Italian E-Book
08/28/09
Healthcare Update
08/27/09
Jim Shanley Authors Chicago Daily Law Bulletin Article
08/18/09
Another Piece of the Emerging Federal Regulatory Regime on Climate Change
08/14/09
Labor & Employment Update
08/13/09
Energy Update
08/04/09
The American Clean Energy and Security Act of 2009, H.R. 2454
08/01/09
McKnight's Long-Term Care News
In which employees' contracts can I put a “non-compete” clause? Are there any other ways I can legally restrict them from jumping ship?
07/21/09
07/10/09
Employee Benefits Update
07/01/09
Chicago Lawyer
Kamau Coar Authors Column in Chicago Lawyer
07/01/09
McKnight's Long-Term Care News
What will be the impact of the federal “Red Flags Rules” on long-term care facilities?
07/01/09
Illinois Municipal Review, July 2009
06/23/09
Labor & Employment Update
06/08/09
06/01/09
McKnight's Long-Term Care News

With the continued threat of the Employee Free Choice Act, or a bill similar to it, what steps can a long-term care facility undertake to defeat an attempt to unionize employees?

05/01/09
McKnight's Long-Term Care News

What are the implications of the proposed Employee Free Choice Act ("EFCA") and what can we do as employers to better prepare ourselves if this new measure is enacted into law?

05/01/09
Chicago Lawyer
Alton B. Harris Authors Column in Chicago Lawyer
04/20/09
Intellectual Property Alert
04/20/09
Labor & Employment Update
04/07/09
04/01/09
McKnight's Long-Term Care News

What's the best way to protect ourselves from possible litigation when a family refuses to heed our warnings about a family member whose mental status is declining rapidly and could become a danger to himself or others?

04/01/09
CHIPRA Special Enrollment Provisions Effective April 1
Employee Benefits Update
03/17/09
Litigation Alert
03/02/09
03/01/09
McKnight's Long-Term Care News

Previously, you discussed the basics of the federal False Claims Act (FCA). What are some specific applications of the FCA in the nursing home and senior housing context?

Winter 2009
Professionalism Perspectives
02/17/09
Employee Benefits Update
02/13/09
Chicago Lawyer
01/26/09
TTAB Cancels Registrations for Fraud When Registrant Does Not Use the Mark on All of the Goods Listed in its Renewal
01/26/2009
2009-01
01/09/2009
January/February 2009
Journal of Taxation and Regulation of Financial Institutions
Alton B. Harris Co-Authors Article in Journal of Taxation and Regulation of Financial Institutions
01/01/09
McKnight's Long-Term Care News

We've heard a lot about the False Claims Act being invoked to sue or prosecute providers. How do we steer clear of this?

12/11/08
Healthcare Update - December 2008
12/01/08
Chicago Lawyer
12/1/2008
McKnight's Long-Term Care News

To avoid possible legal problems down the road, we've decided to aggressively "trust and verify" the accuracy of financial and background disclosures for admissions. What, however, are the
legal concerns with how we do this?

12/01/08
Chicago Lawyer
Kamau Coar authors column in Chicago Lawyer
December 2008
ACG Chicago Journal

Given the current economic climate, this is a good time to review how the duties of officers and directors change when a company is undergoing financial distress and becomes insolvent and what directors can do to protect themselves from personal liability.

12/1/08
The Health Lawyer, Volume 21, Number 2, December 2008
Lynn Gordon Authors Article in The Health Lawyer
11/25/08
Employee Benefits Update
11/14/08
Employee Benefits Update
11/14/08
Labor & Employment Update - November 2008
10/30/08
10/01/08
The BRIEF - A Publication of the Tort Trial and Insurance Practice Section, American Bar Association
John Buckley Co-Authors Article in ABA's The Brief
10/01/08
McKnight's Long-Term Care News

With all the reports about bills to outlaw advance arbitration agreements, we're having trouble getting them signed. Any suggestions for making them more attractive or persuading residents and their families these are legal and can be helpful to both sides?

09/26/08
09/04/08
Illinois Municipal League 2008
Summer 2008
ACG Journal
Brian Krob Authors Article in ACG Chicago Journal
08/29/08
07/30/08
07/25/2008
Labor & Employment Update - July 2008
07/01/08
Chicago Lawyer
Kamau Coar authors column in Chicago Lawyer
07/01/08
McKnight's Long-Term Care News
A resident recently died, and we would like to be paid for lengthy caregiving services at our nursing facility. The surviving spouse said they were separated so she shouldn't have to pay anything. How do we resolve this problem?
06/26/2008
Labor & Employment Update - June 2008
06/06/08
Healthcare Client Update - June 2008
06/02/08
Commercio internazionale, Ipsoa, n.9, 2008
06/01/08
The Bureau of National Affairs, Inc., Journal Reports: Law & Policy, Executive Compensation Library on the Web
06/01/08
Qualcomm Applies To Everyone
Qualcomm Inc. v. Broadcom Corp. (S.D. Cal. 05CV1958)
06/01/08
McKnight's Long-Term Care
How can we mitigate liabilities for our corporate directors or officers?
5/30/08
Labor & Employment Update - May 2008
2008
28 Child. Legal Rts. J. 13 (2008)
05/01/08
McKnight's Long-Term Care News

Some of our trustees are spooked by recent stories and warnings about board members being held liable for things that go wrong at nursing facilities. How do we help them get over their concems?

04/08/08
Labor & Employment Update - April 2008
04/01/08
McKnight's Long-Term Care News

The raiding of resident trust funds and theft of insurance checks by staff are perhaps the two most significant fraud/embezzlement problems in long-term care. What is your advice for guarding against them?

03/14/08
Labor & Employment Update - March 2008
March 2008
ABI Bankruptcy Litigation Committee Newsletter, Volume 5, Number 2 / March 2008
02/27/08
Ungaretti & Harris Case Study
02/25/08
Medicare Compliance Alert
Anne M. Haule authors article featured in DecisionHealth's Medicare Compliance Alert
02/01/08
Chicago Lawyer
Kamau Coar authors column in Chicago Lawyer
01/29/08
Corporate Update - January 2008
2008
Business Bankruptcy Practice (IICLE, 2008)
2008
2008
University of Chicago Magazine
Amy Gardner Subject of University of Chicago Magazine Profile
12/01/07
McKnight's Long-Term Care News
Under what circumstances can I discharge a resident we no longer want to serve?
2007
Commercio internazionale, Ipsoa, n.18, 2007
11/12/07
Labor & Employment Update - November 2007
11/01/2007
McKnight's Long-Term Care News
What are the most important lessons from the trial of the Manganos, the New Orleans facility owners who didn't evacuate for Hurricane Katrina and were recently acquitted of negligent homicide charges?
10/18/07
Ungaretti & Harris Case Study
10/11/07
Labor & Employment Update - October 2007
Spring 2007
University of Chicago Law School Record
2007
Commercio internazionale, Ipsoa, n.5, 2007
10/01/2007
McKnight's Long-Term Care News
We heard we can now legally help our residents understand/choose their Part D drug benefit plans. Is this true?
09/25/07
Labor & Employment Update - September 2007
09/10/07
Ungaretti & Harris White Paper

Long before a case goes to trial, parties have a responsibility to act with care in preserving potentially relevant documents. In fact, the duty to preserve documents typically extends to a date far before the actual filing of a lawsuit. This duty to preserve must be taken seriously. The failure to do so can expose a company to severe repercussions including allegations of document destruction, evidence spoliation issues, and ultimately court ordered sanctions and fines. This article addresses what a company must do to protect itself from such risk.

September 2007
The Journal of Corporate Renewal, Vol. 20, No. 9, September 2007
September 2007
ABI Journal, June 2007 (named by The Bankruptcy Litigation Blog as a Pick of the Month: Required Bankruptcy Reading in September 2007)
August 2007
ABA Publishing
09/01/2007
McKnight's Long-Term Care News
This issue we continue a discussion of corporate compliance programs, including how suspected fraud or abuse should be reported.
08/31/2007
Labor & Employment Update - August 2007
08/01/2007
McKnight's Long-Term Care News
If I suspect one or more members of the board of directors of doing something unlawful how should I report it?
07/01/2007
McKnight's Long-Term Care News

What are the best steps to take to insulate ourselves against punitive damage claims?

06/25/07
Healthcare Client Update - June 2007
06/22/07
Healthcare Client Update
06/01/2007
McKnight's Long-Term Care News

What do you suggest to guard ourselves against improper workers' compensation claims (either bogus claims or claims related to previous or other employment)? Can we test employees somehow?

05/01/2007
Healthcare Update - May 2007
05/01/2007
Litigation Update
04/21/07
Healthcare Update - April 2007
04/01/2007
Diagnostic Imaging
Anne Haule authors article in Diagnostic Imaging
04/01/2007
Employee Benefits Update
03/01/2007
Health Care Law Monthly

Lynn Gordon authors article in Health Care Law Monthly

03/01/2007
Healthcare Update
03/01/2007
Labor & Employment Update
02/01/2007
McKnight's Long-Term Care News

What do you think of new federal guidelines concerning surveyors using photographic evidence?

01/01/2007
Healthcare Update
2007
Commercio internazionale, Ipsoa, n.2, 2007
January 2007
American Bankruptcy Institute Bankruptcy Litigation Committee Newsletter, January 2007
2007
University of Illinois Law Review
01/01/2007
Employee Benefits Update
01/01/2007
Labor & Employment Update
Winter 2006-2007
Office & Commercial Real Estate Magazine, Volume VI, Winter 2006-2007
10/01/06
October 2006 ISBA Young Lawyers Division Newsletter
09/01/2006
ACG Journal

As a controlling stockholder of a corporation, it is important to remember that Delaware law imposes a duty upon a selling controlling stockholder (i) to make such inquiry of a proposed buyer’s plans for the target company as a reasonably prudent person would make, and (ii) to generally exercise care.

09/01/2006
McKnight's Long-Term Care News

With so many other legal and regulatory concerns, I now hear we have to be extra careful with marketing materials. Is that true?

08/01/2006
Healthcare Update
07/01/2006
McKnight's Long-Term Care News

How can I advise my board of directors to best avoid intermediate sanctions from the IRS?

07/01/2006
Healthcare Update
06/25/2006
American Health Lawyers Association 2006 In-House Counsel Program Binder
2006
Business Bankruptcy Practice (IICLE, 2006)
06/01/2006
McKnight's Long-Term Care News

We've heard of several cases of arbitration agreements in admission packets being "unconscionable." How do we avoid getting that label while still keeping a strong arbitration statement?

Summer 2006
TortSource - A Publication of the Tort Trial and Insurance Practice Section, American Bar Association
Voir dire. It means, literally, “to speak the truth.” Most lawyers think voir dire calls upon them to speak to the jury when, in fact, they should let the jury speak to them. History is littered with the carcasses of vain trial lawyers who thought voir dire was their turn to talk.
06/01/2006
Healthcare Update
05/01/2006

What are policy essentials for avoiding monetary penalties regarding "do not resuscitate" orders?

April 2006
Illinois Bar Journal, April 2006, Vol. 94
04/01/2006
McKnight's Long-Term Care News

Low-income and dual-eligible residents have been complaining about the costs under the Medicare Part D program. Is there any relief I can recommend?

03/13/2006
The Daily Reporter

It’s no secret that the very nature of the construction industry frequently presents a litigious environment. From general contractor to subcontractor, architect to supplier, owner to purchaser, and most any combination thereof, the differing interests and sheer number of parties involved in a construction project set a stage that is ripe for confrontation and legal disputes.

Spring 2006
The Patent Lawyer
03/01/2006
Healthcare Update
03/01/2006
Diagnostic Imaging Intelligence Report: Eye on Imaging

In June of 2004 I wrote an article for this publication describing the legal risks arising out of per-click and time-share leases between imaging centers and referral-source physicians—risks that extend to both sides of the transaction. In that article, I characterized these leases as “too good to be true.” Given the proliferation of these leases throughout the country and the significant interest in this issue by imaging centers and physicians alike, I was asked to provide an update on what has been happening in the marketplace on these types of “lease” arrangements since publication of the original story. I was also asked whether my “too good to be true” prediction still applies—see what you think after reading this update.

02/01/2006
McKnight's Long-Term Care News

Because it is so new, I'm worried that families might get angered with Medicare Part D fallout. How can we best react to any complaints?

02/01/2006
Healthcare Update
01/01/2006
Tools of the Trade
01/01/2006
McKnight's Long-Term Care News

We suspect a nurse of improperly pocketing drugs. What's our best plan of action to: a) prove it, and b) get rid of her without putting ourselves at risk?

01/01/2006
Tools of the Trade

On December 13, 2005, the Great Lakes Governors and Premiers signed the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement and the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Compact, also known as the Great Lakes Charter Annex agreements (collectively, the "St. Lawrence River Basin Agreements").

Winter 2005
The BRIEF - A Publication of the Tort Trial and Insurance Practice Section, American Bar Association

Cross-examination is often thought to be one of the most difficult tasks for the trial lawyer. The federal defender in the U.S. District Court for the Northern District of Illinois, Terrence F. MacCarthy has developed a system that will calm your fears and steady your nerves. It is called the “look good” cross, and it is being taught by the National Criminal Defense College and the U.S. Department of Justice as a preferred method of cross-examination. It is high time civil lawyers adopted this system as well.

Winter 2005
TortSource - A Publication of the Tort Trial and Insurance Practice Section, American Bar Association

“A cowboy’s work is never done.” The same holds for creative trial lawyers. Over here and over there, ideas for trial themes are everywhere. There is no need to stop with George Martin—a cowboy interviewed by the Writers Project in the 1930s—and Dr. Seuss, the respective sources for the quote and paraphrase noted above. Familiar quotations, scenes, and stories are all potential material for persuasive trial themes. And imitation is the sincerest form of flattery for the trial lawyer.

11/01/2005
McKnight's Long-Term Care News

How does one guard the facility against liability issues when a resident abuses an employee?

10/04/2005
McKnight's Long-Term Care News

What decisions do we need to make before trying to make mandatory arbitration agreements part of our admission contracts?

10/01/2005
Labor & Employment Update
Fall 2005
TortSource - A Publication of the Tort Trial and Insurance Practice Section, American Bar Association

“Everyone is entitled to his or her own opinion.” How many times have you heard that phrase? One of the messages behind the phrase is this: Once a person’s mind is made up and an opinion is formed, it is very difficult to change that opinion—if it’s the individual’s own opinion.

09/01/2005
Labor & Employment Update
08/01/2005
Labor & Employment Update
08/01/2005
Labor & Employment Update
08/01/2005
Healthcare Update
Summer 2005
co-written by Alice Hector
The BRIEF - A Publication of the Tort Trial and Insurance Practice Section, American Bar Association

Imagine you open your mail at home and receive a mandatory summons to attend a focus group of sorts, one where marketers present their products and you must confer with several strangers about which products to pick. You know nothing about the products before arriving at the presentation, nothing about the presenters, and nothing about your fellow conferees. How are you going to decide?

07/01/2005
Public Finance Update
07/01/2005
Labor & Employment Update
07/01/2005
Labor & Employment Update
07/01/2005
McKnight's Long-Term Care News
How long should we keep employee records? How long should we keep records after a resident's been discharged?
06/01/2005
Employee Benefits Update
05/01/2005
Labor & Employment Update
Spring 2005
DePaul Law Review
Spring 2005
TortSource - A Publication of the Tort Trial and Insurance Practice Section, American Bar Association

Questions and answers with John Buckley on "when he was a young lawyer."

04/01/2005
Labor & Employment Update
04/01/2005
co-written by Andrew Levy
ACG Chicago 2005 Spring Journal

They are designed to specify the information upon which the parties are relying in deciding to proceed with the transaction. Typically also buried in the boilerplate at the end of such agreements is a “non-reliance” provision, which provides that the buyer (or seller) disclaims any reliance on any information other than that specified in the representations and warranties of the acquisition agreement. For example: “As between or among the parties, any oral or written representation, agreement or statement not expressly incorporated herein, whether given prior to or on the effective date, shall be of no force and effect unless and until made in writing and signed by the parties on or after the effective date.” The exclusion or inclusion of such language and the jurisdiction of the court applying it can have a substantive impact on the success (or failure) of your claims in the event of a dispute arising from the acquisition.

Spring 2005
Trial Techniques Committee News- Tort Trial and Insurance Practice Section, American Bar Association

“A cowboy’s work is never done.” The same holds for creative trial lawyers. Over here and over there, ideas for trial themes are everywhere. There is no need to stop with George Martin and Dr. Seuss, the sources of the lines above. Familiar quotations, scenes, and stories are all potential material for persuasive trial themes. And imitation is the sincerest form of flattery for the trial lawyer.

04/01/2005
Labor & Employment Update
04/01/2005
McKnight's Long-Term Care News

If we want to do a background check on a prospective employee, whom should we contact? It seems like there’s been a groundswell for “just say you’re sorry;” and we were wondering: Is that ever a good idea to do when somebody’s been injured?

03/01/2005
Healthcare Update
03/01/2005
McKnight's Long-Term Care News

How do we get one of those temporary restraining orders for visitors or family members who are a royal pain in the neck and sometimes abusive to staff? Are our incident reports subject to discovery in negligence or malpractice claims?

02/01/2005
Labor & Employment Update
02/01/2005
Ask the Legal Expert - February 2005

Can a nurse sue us for wrongful firing if she refused to work, claiming she had to look after too many residents? How do we insulate ourselves from legal problems regarding admitting residents with dangerous pasts?

02/01/2005
Labor & Employment Update
01/01/2005
Labor & Employment Update
12/21/2004
Mergers & Acquisitions
12/01/2004
Labor & Employment Update
Winter 2004
Tort Trial Insurance Committee News - Tort Trial Insurance Practice Section, American Bar Association

In a jury trial, you are on stage. From the moment you leave for the courtroom until the moment you return to either home or office. This article will give you an option for responding to the unfair rulings and cheap tricks that are sometimes seen in courtrooms.

Winter 2004
TortSource - A Publication of the Tort Trial and Insurance Practice Section, American Bar Association

There are 12 jurors in the box waiting to hear your case. In order to win, you need to persuade them to view the facts in your favor—but the approach that will reach the physics professor from State U. may not work for the clerk from the Fifth Ward. Herein lies the key to an effective jury presentation: KISS.

11/01/2004
Employee Benefits Update
Fall/Winter 2004
Trial Techniques Committee News - Tort Trial and Insurance Practice Section, American Bar Association

I often hear the complaint that business litigation is boring. But it doesn’t have to be. You can make business litigation interesting by bringing business ideas to business litigation. By applying persuasive technique, the same technique used in all those personal injury and tort trials, to business trials.

Author’s Guild Bulletin
Fall 2004
TortSource - A Publication of the Tort Trial and Insurance Practice Section, American Bar Association

Trial lawyers spend a lot of time talking about justice. They seek justice for their clients. They want a just result. I suggest, however, that talking of justice is not the best way to motivate your jury at trial. Justice is a theoretical concept. On the other hand, correcting an injustice is a motivation to act, a call to arms for the jury to accomplish something beneficial. If you want to motivate your jury, focus on the injustice to your client. It is that injustice that you want the jury to correct through its verdict.

09/01/2004
Illinois State Bar Association Federal Civil Practice Section Council Newsletter
e-Prarie
09/01/2004
Journal of Investment Compliance
09/01/2004
Illinois State Bar Association Federal Civil Practice Section Council Newsletter
09/01/2004
Legislative Update
08/12/2004
McKnight's Long-Term Care News

We’d like to get more relatives taking responsibility for deceased residents’ unpaid bills. What is effective to include in admission agreements as to having children sign on as guarantors, etc.? When can we make someone else sign on the dotted line if there is reluctance on relatives’ part?

07/12/2004
McKnight's Long-Term Care News

There is a lot of talk about not “promising Amore than you can offer” with regard to marketing materials, or else you could be sued. I want to make my facility sound as attractive as possible and will, frankly, tout it to the best of my ability. So where could I land in trouble, and are these complaints really actionable?

07/01/2004
Labor & Employment Update
07/01/2004
Labor & Employment Update
06/14/2004
McKnight's Long-Term Care News

The owner of our facility apparently is starting a sub-company to take care of housekeeping and/or food services. Isn’t there a danger in sub-contracting or referring business to “yourself,” so to speak?

Summer 2004
TortSource - A Publication of the Tort Trial and Insurance Practice Section, American Bar Association

Suspense is one of the best ways to get your jury involved in your case, encourage active participation, and keep the wonderful jurors alert during your trial presentation. The next time you’re in court, don’t just tell them what the evidence will show—spice it up with a little suspense.

Summer 2004
Trial Techniques Committee News - Tort Trial and Insurance Practice Section, American Bar Association

We have all heard that effective direct examinations use non-leading questions, ask the who, what, why, when, where and how questions; use headlines and looping as attention and memory techniques; and try to tell a persuasive story but in the context of the overall case presentation. “That’s great!” You may think. “But how do I put all of this together in one examination?” This article explores one way to do it—backwards.

06/01/2004
Diagnostic Imaging Intelligence Report: Eye on Imaging

A prominent physicians’ group, which has been referring patients to your freestanding imaging center and represents a significant portion of your revenue, approaches you and asks that you lease them your equipment and staff so it (rather than you) can bill for the scans its members order. These physicians have been talking with some of their colleagues and have learned that they can substantially increase their income if they enter into a “lease” arrangement with an imaging company. The deal they are looking for is sometimes referred to as a “per-click” or “time-share” lease. It allows the physicians to purchase scans for minimal “rental” payments, which they then mark up significantly as technical fees, bill the payers, and pocket the ancillary revenue without any capital expenditure or financial risk.

06/01/2004
Illinois Municipal Review
05/03/2004
McKnight's Long-Term Care News
What cautions do you have about filling out CMS 2567s for plans of correction?
04/01/2004
Illinois Association of School Business Officials
04/01/2004
Mergers & Acquisitions
04/01/2004
Labor & Employment Update
03/01/2004
McKnight's Long-Term Care News

I realize I need to get a good anti-drug use policy in place quickly what should I do?

02/09/2004
Legal Matters – More Observation Cameras A Viable Option

I’ve come to agree to put more surveillance cameras in our facility, and want to make sure I’m on the right side of the law. Any advice?

02/01/04
Illinois Bar Journal

The Illinois Supreme Court recently changed how zoning hearings must be conducted. This article discusses the decision and suggests rules municipalities can use to conduct hearings that comply with the court’s mandate of broader due-process rights for objectors to zoning proposals.

2004
Commercial Real Estate, Illinois Institute for Continuing Legal Education, 2004
2004
University of Illinois Law Review 231
2004, Supplement 2007
Commercial Real Estate, Illinois Institute for Continuing Legal Education
2004
Grutter v. Bollinger
and reprinted in Faultlines: Debating the Issues in American Politics (2007)
2004
Illinois Land Use Law, Illinois Institute for Continuing Legal Education
2004, Supplement 2007
Illinois Land Use Law, Illinois Institute for Continuing Legal Education
Winter 2003
Trial Techniques Committee News - Tort Trial and Insurance Practice Section, American Bar Association

This is about opening arguments. Powerful opening arguments. Opening arguments that grab the attention of the jury. Opening arguments that provide a framework for viewing the evidence from your point of view. Opening arguments that make the jury look forward to hearing the evidence. Have I got your attention? Good. The key to powerful opening arguments is found in the following two or three words: Carpe Diem. SEIZE the moment.

12/01/2003
Labor & Employment Update
Fall 2003
Trial Techniques Committee News - Tort Trial and Insurance Practice Section, American Bar Association

These are the 10 rules for effective witness preparation. I have been using the Ten Commandments format for 15 years now, so apologies to those offended by the borrowing of the religious phrase. For those who wish to read religion into them, be forewarned: You cannot display them in stone in a courthouse lobby. But they are useful, so read on.

06/01/2003
co-written by Andrea S. Kramer
Corporate Aftershock: The Public Policy Lessons from the Collapse of Enron and Other Major Corporations

Credit derivatives – bilateral contracts and debt securities the value of which is linked to the credit status of a company, a debt obligation, or a pool of debt obligations – have been available since 1992.1 The importance and frequency of use of these products, however, were transformed by the events of 2001.

06/01/2003
co-written by Andrea S. Kramer
Corporate Aftershock: The Public Policy Lessons from the Collapse of Enron and Other Major Corporations

“Corporate governance” is the process by which a corporation’s management is held accountable to its residual owners - the stockholders. Because of Enron and scores of other corporations currently embroiled in accounting and managerial scandals, the New York Stock Exchange (NSYE) and the Nasdaq Stock Market (NASDAQ) have approved sweeping new listing standards and the Congress has enacted wide-ranging federal legislation - the Sarbanes-Oxley Act of 20021 - that will profoundly affect the nature of and control over corporate governance in the United States.

Spring 2003
Trial Techniques Committee News - Tort Trial and Insurance Practice Section, American Bar Association

“Wanna get away?” Yes, just like in the current airline commercial, the plaintiff’s presentation of a day-in-the-life video during trial is usually one of the defense lawyer’s bad days. It can make you wish you were somewhere else. Hope is not lost, however. Defense counsel can neutralize day-in-the-life videos or, at the least, minimize its impact on the jury.

04/01/2003
HMOs & Health Plans, American Health Lawyers Association
04/01/2003
In-House Counselor

After nearly 17 years as an in-house hospital lawyer, I found myself facing the prospect of entering the world of private practice – of joining a firm. Realizing that most careers take the reverse path (from law firm to in-house), and with a fair amount of trepidation, I decided to take the plunge. Looking back on this momentous decision some five years ago, I must admit that I was more than a little naïve and darn lucky.

03/01/2003
Health Lawyers News
02/24/2003
Latex Glove Case makes National Law Journal's list of Top 2002 Defense Verdicts.
January/February 2003
Gains Control of $375 Million Project through UCC Proceeding
Ungaretti & Harris Case Study
2003
2003 Colum. Bus. L. Rev. 1007
2003
Zincografica Felsinea s.r.l. Bologna, 2003
01/01/2003
The Chicago Connection: Association For Corporate Growth Newsletter

It has been my honor and pleasure to serve as the President and lead the Chapter during this period of unprecedented growth.

01/01/2003
American College of Trial Lawyers
12/01/2002
Hospitals & Health Systems Rx

In light of increased scrutiny under the Anti-Kickback Statute of any financial or other incentives provided to referral-source physicians, and increased Stark Law enforcement activity, hospitals are questioning whether such continued support of medical staff events is legally prudent.  This article sets forth basic policy guidelines for compliance.

09/01/2002
The RAP Sheet - A Publication of the American Health Lawyers Association Regulation, Accreditation and Payment Practice Group
09/01/2002
Taxation of Financial Products

Corporate governance is the process by which a corporation’s management is held accountable to its residual owners—the stockholders. Because of Enron, WorldCom and scores of other corporations currently embroiled in accounting and managerial scandals, the New York Stock Exchange (NSYE) and the NASDAQ Stock Market (NASDAQ) have approved sweeping new listing standards and Congress has enacted wide-ranging federal legislation—the Sarbanes-Oxley Act of 2002—that will profoundly affect the nature of and control over corporate governance in the United States. This column briefly traces the development of the modern conception of best practice with respect to corporation governance and then discusses the key requirements that will be imposed by the new listing standards and Sarbanes-Oxley.

09/01/2002
The Chicago Connection: Association For Corporate Growth Newsletter

As a volunteer organization, the ACG depends on its members to provide the time and energy required to make this a vibrant and meaningful association.

04/01/2002
NYSBA The Environmental Lawyer, Vol. 22, No. 2
Spring 2002
The University of Chicago Law Review, Vol. 69, No. 2
01/01/2002
Georgetown Journal of Legal Ethics
01/01/2002
Issues In Long-Term Care, Ill. Inst. for CLE
01/01/2002
Illinois Bar Journal

This article will set forth courts’ views of whether plant shutdown benefits are retirement type subsidies, discuss the view of the IRS, look at the relevant legislative history, and then argue that Congress likely intended to protect plant shutdown benefits of the type described above.

12/01/2001
The Chicago Connection: Association for Corporate Growth Newsletter

As we look back on one of the most tumultuous years in our nation's history, we should recognize and appreciate the role that the Chicago Chapter of ACG has played in these rapidly changing times.

12/01/2001
Journal of Taxation of Financial Products
10/01/2001
Illinois Municipal Review
05/01/2001
Clinical Laboratory Management

This article presents case study on federal and state laws applicable to health screening tests in the state of Illinois. Although such tests may face similar regulations in other states, clinical laboratories and other health care entities involved in health screening activities should be aware of and comply with applicable state laws in tandem with the relevant federal rules and regulations.

2001
Commercio internazionale, Ipsoa, n.8, 2001; Italian American Business, 11-12/2001
02/01/2001
Group Practice Journal
The purpose of this article is to provide physicians and their employers with a basic overview of models of physician compensation for use in determining specific compensation arrangements. 
01/01/2001
2001 Mid-Winter Report
12/01/2000
Health Care Law Monthly

Individuals involved in health information management should be well-informed about patient confidentiality requirements overall and should also track these areas carefully to develop and implement appropriate policies and procedures governing the release of patient information.

9/1/2000
CPA Administrator's and Manager's Report
07/01/2000
Outside Counsel
04/01/2000
Journal of Taxation of Financial Products
01/01/2000
Warren Gorham & Lamont of RIA
2000
Commercio internazionale, Ipsoa, n.22, 2000
11/01/1999
Health Care Law Monthly
11/01/1999
Packaging Digest

According to the U.S. Department of Commerce, U.S. businesses spent more than $600 billion for equipment in 1998. The chosen method of financing equipment acquisition affects a company’s cash flow, taxes and earnings. The following discussion will provide an overview of equipment finance and a growing trend in the area known as equipment life-cycle management.

05/06/1999
Keller Business School

Roll-up transactions have become a very effective way to consolidate fragmented high-growth industries in which there are a number of small competitors and few market leaders. Roll-ups are performed for a variety of business reasons: (i) increased diversification through cross-selling of products, (ii) increased liquidity of investment as well as potential for growth on an investor's return, (iii) reduced administrative and operating costs by centralizing certain company operations that are currently duplicated, (iv) changing economic or business conditions in a certain industry, and (v) better managed entities.

1999
Italian American Business, No. 5-6, 1999
01/01/1999
Mergers & Acquisitions
06/01/1998
06/01/1997
Northern Illinois University Law Review

Each year, thousands of Americans submit claims to their insurance companies to recover for injuries and illnesses sustained as a result of the negligence or recklessness of others.[i] Tragically, because of insurance limitations and frequently judgment-proof defendants, many of these people achieve little or no relief. Still others achieve some level of satisfaction only to watch as much of their award is consumed by the costs of protracted litigation. With this in mind, this comment addresses the validity and propriety of insurance policy provisions which subrogate[ii] an insurer to the personal injury claims of its insured.[iii]

02/01/1997
Chicago-Kent Law Review
11/01/1996
co-written by Andrea S. Kramer
HFR Journal
June 1996
co-written by F. Samuel Eberts III
Corporate Legal Times

A CRISIS can bring out the worst in people.  For lawyers, the urgency, pressure and tension often result in a flurry of thoughts about litigation - motions, venue, defenses - and a blind eye to problem-solving skills.  But the best crisis-management skills were ones learned in kindergarten. 

05/09/1996
Club Industries
05/01/1996
Spectrum, Volume 10, Issue 3
12/27/1995
co-written by Andrea S. Kramer
The Review of Banking & Financial Services
04/01/1995
co-written by Andrea S. Kramer
Derivatives Quarterly
03/01/1995
Mergers & Acquisitions
01/01/1995
Illinois Institute for Continuing Legal Education
01/01/1995
Illinois Land Use Law, Illinois Institute for Continuing Legal Education
11/01/1994
Mergers & Acquisitions
11/01/1994
Mergers & Acquisitions
07/24/1994
co-written by F. Samuel Eberts III
The National Law Journal

National manufacturers that face recurring lawsuits can’t rely on in-house legal staff; they need a coordinated defense strategy.

01/01/1994
01/01/1994
01/01/1993
Prentice Hall Law and Business' Supplement to Structuring Commercial Real Estate Workouts: Alternatives to Foreclosure
09/01/1993
Club Industries
01/01/1993
ISBA Tax Section Newsletter
01/01/1992
ISBA Tax Section Newsletter
11/06/1991
Club Industries
12/01/1990
ISBA Tax Section Newsletter
Illinois Chapter, 2nd, 3rd and 4th Edition
Illinois Chapter, 4th Edition
Michael A. Ficaro, General Editor
Michael A. Ficaro, General Editor
Illinois Institute of Continuing Education
National College of District Attorneys
IICLE, Prosecution of a Criminal Case
IICLE, Prosecution of a Criminal Case
01/01/1990
The ad hoc committee's report was released subsequent to the bankruptcy filing by Orange County, California, on revising the municipal bankruptcy code.
01/01/1990
American Bar Association
01/01/1990
Risk Management Report
01/01/1990
Bender's Federal Tax Service
01/01/1990
01/01/1990
DePaul Business & Commercial Law Journal
The Self-Insurer
01/01/1990
International Legal Strategy
01/01/1990
International Business and Environmental Regulation
01/01/1990
Occurrence
12/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
10/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
09/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
09/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
07/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
06/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
05/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
05/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket, Feature Article
03/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
03/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
02/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
01/01/1989
Club Industries
01/01/1989
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
12/01/1988
University of Illinois Law Review
12/01/1988
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
11/01/1988
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
10/01/1988
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
09/01/1988
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
09/01/1988
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
07/01/1988
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
06/01/1988
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
05/01/1988
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
04/01/1988
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
03/01/1988
co-written by Andrea S. Kramer and Kevin M. Foley
Intermarket
12/22/1986
Legal Times
03/01/1985
Journal of Taxation
The Tax Lawyer
01/01/1980
Illinois Issues, Vol. VI, No. 1, January, 1980
01/01/1980
Representing Health Care Institutions and Professionals
12/01/1977
The John Marshall Journal of Practice & Procedure, Vol. II, No. 2, Winter, 1977-78
06/01/1977
Contemporary Long-Term Care, circ. 40, 451
03/01/1977
Illinois Issues, Vol III, No. 3, March, 1977