Illinois high court recognizes 'intrusion upon seclusion'By Adam W. LaskerDecember 2012Lawpulse, Page 626Lawyers who advise employers should especially take note of the intrusion tort's implications for snooping into current and former employees' private affairs.
Debate continues over controversial mechanics lien billBy Adam W. LaskerNovember 2012Lawpulse, Page 574An attempt to legislatively overturn a recent supreme court ruling is pitting developers against bankers over whose claims have priority in foreclosure sales.
Joint parenting agreement allows mother to remove children to CaliforniaBy Adam W. LaskerNovember 2012Lawpulse, Page 574The Illinois Supreme Court held that a divorced mother could remove her children to California over the ex-husband's objection because their joint parenting agreement expressly allowed it.
Supreme court: decedent can't use spendthrift trust to back out on giftBy Adam W. LaskerNovember 2012Lawpulse, Page 574The ruling barred a decedent from using a spendthrift trust to effectively revoke his irrevocable gift to Rush Medical Center. Leading ISBA lawyers think it's time for the legislature to clarify Illinois trust laws.
High court: unpaid property tax not a bar to running for municipal officeBy Adam W. LaskerOctober 2012Lawpulse, Page 514The Illinois Supreme Court limited the reach of the candidate-qualifications statute to make it harder to remove candidates from the ballot for "indebtedness to the municipality."
Secretary of State empowered to terminate fraudulent financing statementsBy Adam W. LaskerOctober 2012Lawpulse, Page 514An amendment to the Illinois UCC penalizes filing of false financing statements or liens and gives the secretary of state authority to investigate, punish, and even terminate false filings.
Supreme court: 'reasonable suspicion' enough for traffic stopBy Adam W. LaskerOctober 2012Lawpulse, Page 514"Reasonable suspicion," not the more exacting "probable cause," is threshold requirement for an investigatory traffic stop, the Illinois Supreme Court held in a recent DUI ruling.
A trio of laws to curb texting, phoning behind the wheelBy Adam W. LaskerOctober 2012Lawpulse, Page 514The legislature forgoes a full ban on cell use by drivers in favor of a targeted approach that bans hand-held communications in construction zones, emergency scenes, and other places.
The Institute of Business Laws tries to make Illinois business-friendlierBy Adam W. LaskerSeptember 2012Lawpulse, Page 458The volunteer Institute promotes business-friendly legislation, including a new act that lets the secretary of state dissolve partnerships and makes other small but helpful changes to business laws.
Is a family-law overhaul on the way?By Adam W. LaskerSeptember 2012Lawpulse, Page 458No more grounds for divorce? Divorce judgments within 90 days or else? These are just two of the family-law reforms proposed by a bipartisan legislative study group.
New cases every real-estate lawyer should readBy Adam W. LaskerSeptember 2012Lawpulse, Page 458Real-estate practitioners should be sure to read recent decisions on the duty of title insurers, the content of mortgage documents, and recording of deeds and mortgages.
New open-meetings law: is hard-copy posting of agendas still required?By Adam W. LaskerSeptember 2012Lawpulse, Page 458A new law says Internet postings of meeting agendas fulfill the Open Meeting Act's 48-hour notice requirement - but governmental bodies still must post paper copies of agendas, the law's sponsor says.
Victims of 'emergency'-related training injuries may qualify for benefitsBy Adam W. LaskerAugust 2012Lawpulse, Page 398Public safety workers hurt during training can get healthcare benefits, but only if the injuries were caused by emergencies and not planned activities, the supreme court rules.
Bill would eliminate time limits on child-molestation prosecutionsBy Adam W. LaskerJuly 2012Lawpulse, Page 346A legislative proposal would remove the statute of limitation for prosecuting sex crimes against minors, but both prosecutors and criminal defense lawyers have misgivings.
Savings are not ‘income’ for child-support calculationBy Adam W. LaskerJuly 2012Lawpulse, Page 346The Illinois Supreme Court rules that a noncustodial parent’s savings are not “income” but can nonetheless be used for support if circumstances warrant.
Uncounseled misdemeanor convictions can trigger felony DUI sentencesBy Adam W. LaskerJuly 2012Lawpulse, Page 346The Illinois Supreme Court ruled that prior misdemeanor DUI convictions – even if the defendant was unrepresented – can be used to bump a later DUI charge to a felony.
A well-kept secret: the Illinois deposit of willsBy Adam W. LaskerJuly 2012Lawpulse, Page 346Tired of – and nervous about – storing clients’ original wills on your premises? Consider the Illinois Secretary of State’s deposit of wills.
Bill would require personal service for debtorsBy Adam W. LaskerJune 2012Lawpulse, Page 286Pending legislation would require that debtors get personal service, not merely notice by mail, before courts begin key legal processes that could put them behind bars.
Crime victims’ rights amendment won’t appear on November ballotBy Adam W. LaskerJune 2012Lawpulse, Page 286A proposed constitutional amendment that would have made crime victims party to the defendant’s trial undermined the constitutional presumption of innocence, the ISBA and other opponents, including prosecutors, argued.
Jurors may question witnesses under new supreme court ruleBy Adam W. LaskerJune 2012Lawpulse, Page 286Starting next month, jurors will be permitted to submit written questions for witnesses to the court for consideration. Proponents say it will help jurors understand the case and stay engaged.
MCLE goes to the moviesBy Adam W. LaskerJune 2012Lawpulse, Page 286A pair of Illinois attorneys uses lawyer-themed Hollywood films to teach lessons about legal ethics.
New anti-party switching law applies to independentsBy Adam W. LaskerJune 2012Lawpulse, Page 286A new law forbids someone who took a partisan primary ballot from running as an independent in the general election – even those who pulled the ballot in the March primary, before the law was enacted.
