Evaluating Protective Orders for Discovery MaterialsBy Jo Anna PollockNovember 2011Article, Page 576Litigants 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 moreBy Helen W. GunnarssonOctober 2011Lawpulse, Page 490Proposed ABA model rules speak to admission on motion, multijurisdictional practice, disclosure of confidential information, and choice of law provisions in lawyer-client agreements.
Court-ordered mental health reports not confidential under IMDMABy Helen W. GunnarssonApril 2011Lawpulse, Page 174Unlike 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.
Procedures for disposing of confidential records updatedFebruary 2009Illinois Law Update, Page 70The 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 MetadataBy Joseph R. MarconiJanuary 2009Article, Page 24The question isn't whether confidential client information will be disclosed during electronic discovery but what to do when it happens.
Subpoena for medical recordsJanuary 2009Illinois Law Update, Page 16On 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 confidentialityBy Helen W. GunnarssonOctober 2008Lawpulse, Page 498A 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.
The Attorney-Client Privilege and the Common-Interest DoctrineBy James A. Hansen and Melinda S. MadisonApril 2008Article, Page 204Under 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 tonguesBy Helen W. GunnarssonJuly 2006Lawpulse, Page 338The 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.
Danger lurks in p.i. confidentiality clausesBy Helen W. GunnarssonMarch 2006Lawpulse, Page 110A 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.
Responding to HIPAA-violation complaintsBy Helen W. GunnarssonMay 2004Lawpulse, Page 236Prevention is the best remedy; does your "covered entity" client have an adequate privacy policy in effect?
Bar associations, U.S. reps seek exemptions for lawyers from Gramm-Leach-BlileyBy Helen W. GunnarssonDecember 2002Lawpulse, Page 628The 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 abuseBy Helen W. GunnarssonAugust 2002Lawpulse, Page 392HB 5002 would add clergy to the list of required reporters under the Abused and Neglected Child Reporting Act.
Contending with HIPAA Privacy Standards in IllinoisBy Neville M. BilimoriaAugust 2002Article, Page 414This 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. HeegAugust 2002Article, Page 412Many argue that GLBA's disclosure and other requirements apply to lawyers. Here's what to do.
Availability of access to records of psychological treatment further narrowedMay 2002Illinois Law Update, Page 232On 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 historyJanuary 2002Illinois Law Update, Page 14On October 1, 2001, the Department of State Police (department) adopted four new provisions to section 1210 of the Illinois Administrative Code.
