Publications

Illinois Bar Journal
Articles on Confidential Information

Evaluating Protective Orders for Discovery Materials By Jo Anna Pollock November 2011 Article, Page 576 Litigants often seek protective orders to limit disclosure of clients' sensitive documents during discovery. But be wary of attempts by the requesting party to gain an unfair advantage.
ABA ethics, Part 2: Proposed rules address admission on motion, MJP and more By Helen W. Gunnarsson October 2011 Lawpulse, Page 490 Proposed ABA model rules speak to admission on motion, multijurisdictional practice, disclosure of confidential information, and choice of law provisions in lawyer-client agreements.
Adoption in the Sunshine: Illinois’ Disclosure Law for Adult Adoptees By Paul A. Rodrigues August 2011 Article, Page 414 A look at the Illinois law that reverses years of presumptive confidentiality and gives adult adoptees access to their original birth certificates.
Court-ordered mental health reports not confidential under IMDMA By Helen W. Gunnarsson April 2011 Lawpulse, Page 174 Unlike those issued by treating caregivers, mental-health reports ordered by the court under the Illinois Marriage and Dissolution of Marriage Act are not confidential, the supreme court rules.
Illinois Family Mediations: The Case Against Allowing GALs By Suzanne J. Schmitz November 2010 Article, Page 576 Because their presence may hinder family mediation, GALs should be excluded, the author argues.
Attorney for the Trust: Does Attorney-Client Privilege Belong to the Trustee or the Beneficiary? By Tina N. Babel October 2010 Article, Page 524 Lawyers for trustees are sometimes surprised to learn that the attorney-client privilege actually belongs to trust beneficiaries. Here's a look at the confusing state of Illinois law.
Criminal Lawyers and the New Ethics Rules By Randall Rosenbaum June 2010 Column, Page 326 Now lawyers must keep "information" (not just "secrets") confidential.
Procedures for disposing of confidential records updated February 2009 Illinois Law Update, Page 70 The State Records Commission amended Title 44 of the Illinois Administrative Code, which regulates Government Contracts, Procurement, and Property Management. 44 Ill Adm Code 4400.
Electronic Discovery: Dealing with Disclosure of Metadata By Joseph R. Marconi January 2009 Article, Page 24 The question isn't whether confidential client information will be disclosed during electronic discovery but what to do when it happens.
Subpoena for medical records January 2009 Illinois Law Update, Page 16 On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).
The Open Meetings Act v. client confidentiality By Helen W. Gunnarsson October 2008 Lawpulse, Page 498 A trial court's search for truth and the public's right to know may conflict with what local governments believe to be their right to confidential communications with counsel.    
New restrictions on the availability of confidential information to caregivers July 2008 Illinois Law Update, Page 340 The Department of Children and Family Services (DCFS), amended 89 Ill Adm Code 431, which deals with the disclosure of foster children's confidential information. 
The Attorney-Client Privilege and the Common-Interest Doctrine By James A. Hansen and Melinda S. Madison April 2008 Article, Page 204 Under the common-interest doctrine, an attorney's advice to an insurance-company client might not be privileged in a later dispute with the insured.
Employers’ liability for employees’ loose tongues By Helen W. Gunnarsson July 2006 Lawpulse, Page 338 The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 
Banks and Federal Grand Jury Subpoenas: Resolving the Hobbesian Dilemma By Michael G. Cortina April 2006 Article, Page 200 Try not to let your bank clients get caught between the conflicting dictates of state and federal privacy laws.
Danger lurks in p.i. confidentiality clauses By Helen W. Gunnarsson March 2006 Lawpulse, Page 110 A recent case – involving none other than Dennis Rodman – holds that plaintiffs must pay tax on the portion of a settlement award deemed payment to a p.i. client for his or her silence.
Illinois restricts public use of social security numbers P.A. 093-0739 September 2004 Illinois Law Update, Page 456 Effective July 1, 2006, the Consumer Fraud and Deceptive Business Practices Act will have several additional measures restricting the use of social security numbers.
Social security numbers may not be printed on insurance cards P.A. 093-0728 September 2004 Illinois Law Update, Page 456 A person or entity may not print an individual's social security number on an insurance card.
Responding to HIPAA-violation complaints By Helen W. Gunnarsson May 2004 Lawpulse, Page 236 Prevention is the best remedy; does your "covered entity" client have an adequate privacy policy in effect?
Customer information to be safeguarded under new regulations October 2003 Illinois Law Update, Page 492 The Illinois Department of Insurance recently adopted rulemaking with the goal of providing better safeguards for customer information.
Department of Insurance restricts access to public records March 2003 Illinois Law Update, Page 116 The Illinois Department of Insurance has adopted amendments under 2 Ill Adm Code 951 relating to Access to Public Records.
The Department of Professional Regulation may subpoena dentists’ patient appointment calendars, but not private patient files March 2003 Illinois Law Update, Page 116 On December 5, 2002, the Illinois Supreme Court held that the Department of Professional Regulation may not subpoena a dentist's private patient files.
Bar associations, U.S. reps seek exemptions for lawyers from Gramm-Leach-Bliley By Helen W. Gunnarsson December 2002 Lawpulse, Page 628 The New York State and American Bar Associations have filed lawsuits seeking declaratory judgments that the FTC's application of GLBA's privacy provisions to practicing attorneys is unlawful, and members of Congress have introduced legislation that would exempt lawyers from the Act.
Bill would require clergy to report abuse By Helen W. Gunnarsson August 2002 Lawpulse, Page 392 HB 5002 would add clergy to the list of required reporters under the Abused and Neglected Child Reporting Act.
Contending with HIPAA Privacy Standards in Illinois By Neville M. Bilimoria August 2002 Article, Page 414 This article reconciles the strictures of the Health Insurance Portability and Accountability Act with Illinois privacy law.
The Gramm-Leach-Bliley Act: Does it Apply to You? By Aaron W. Brooks and Megan G. Heeg August 2002 Article, Page 412 Many argue that GLBA's disclosure and other requirements apply to lawyers. Here's what to do.
New limits on attorney-client privilege for government lawyers and agency clients By Helen W. Gunnarsson August 2002 Lawpulse, Page 392 The seventh circuit holds that when federal prosecutors seek information from an agency attorney as part of a criminal investigation, the agency lawyer must talk.
Availability of access to records of psychological treatment further narrowed May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.
New right of access granted to criminal history January 2002 Illinois Law Update, Page 14 On October 1, 2001, the Department of State Police (department) adopted four new provisions to section 1210 of the Illinois Administrative Code.
Provisions of Hospital Licensing Act permitting disclosure of patient information within hospital and to hospital’s counsel held constitutional January 2002 Illinois Law Update, Page 14 On October 18, 2001, the Illinois Supreme Court, on direct appeal, reversed the circuit court, holding that the Hospital Licensing Act, 210 ILCS 85/6.17, did not violate the separation of powers doctrine, did not unreasonably violate a patient's right to privacy, and did not constitute impermissible special legislation.