Publications

Illinois Bar Journal
Articles on Fraud

Fraudulent misrepresentation claim concerning construction project is subject to five-year statute of limitations April 2014 Illinois Law Update, Page 168 On January 24, 2014, the Illinois Supreme Court held that a fraudulent misrepresentation claim in a contract action for property damage is subject to a five-year statute of limitations.
Sole member of LLC shielded from personal liability for alleged frauds committed by LLC March 2014 Illinois Law Update, Page 120 On December 20, 2013, the Illinois First District Appellate Court, as a matter of first impression, held that the sole member of a limited liability company (LLC) that sold a condominium unit was not personally liable for alleged frauds committed by that LLC.
New scams target real estate lawyers By Helen W. Gunnarsson November 2011 Lawpulse, Page 550 Scammers are using smartphones and apps to steal home-sale proceeds.
Rebate offers need to be accompanied by conspicuous and clear disclosures. PA 097-0308. November 2011 Illinois Law Update, Page 556 Retailers offering merchandise rebate offers must now abide by new disclosure requirements. (815 ILCS 505/2LLL new).
A Divorce Lawyer’s Guide to the Illinois Fraudulent Transfer Act By Andrew R. Schwartz, Thomas J. Kanyock, and Karen Jeffreys September 2011 Article, Page 462 Sometimes a dissipation-of-assets claim under the IMDMA isn't enough when a recalcitrant spouse hides assets. Never fear - the Illinois Uniform Fraudulent Transfer Act is here.
Consumers protected from unrequested shipment practices by sellers. PA 096-1306 January 2011 Illinois Law Update, Page 16 Illinois law no longer allows sellers of merchandise to ship additional, similar merchandise to consumers at their expense without the consumer's approval. 815 ILCS 505/2III.
Disabled persons now protected under the Home Repair Fraud Act. PA 096-1026 September 2010 Illinois Law Update, Page 452 The Illinois General Assembly has passed a bill making it a felony for anyone to commit fraud in connection with a home repair project undertaken to aid a disabled person. (815 ILCS 515/5)
The Case for a Narrow Commercial Fraud Exception to the Moorman Doctrine By Travis J. Quick June 2010 Article, Page 318 Society is best served by requiring the parties - typically sophisticated business buyers and sellers - to bargain for contract protection, the author argues.
The right to a jury trial is not guaranteed in an action nonexistent at common law. October 2009 Illinois Law Update, Page 496 On July 27, 2009, the Illinois Appellate Court, Fifth District, reversed the judgment of the Circuit Court of Jackson County and remanded the case for a bench trial.
Fraudulent Misrepresentation in Illinois Employment Cases By Richard J. Gonzalez September 2008 Article, Page 464 More at-will employees who have been misled by employers' oral promises are suing for fraudulent misrepresentation instead of breach of contract.
Fraudulent misrepresentation tort limited to business By Helen W. Gunnarsson June 2008 Lawpulse, Page 278 Fraudulent misrepresentation applies only to business-related, not personal, injury, the Illinois Supreme Court rules.
The CFAA: New Remedies for Employee Computer Abuse By Linda K. Stevens and Jesi J. Carlson March 2008 Article, Page 144 The Computer Fraud and Abuse Act provides a path to federal court for employer-victims of computer abuse by employees and other insiders.
Asked and Answered April 2007 Column, Page 210 "Fraud" versus "fraudulent misrepresentation."
Bad faith needed for defendant to receive attorney fees under the Consumer Fraud Act March 2007 Illinois Law Update, Page 124 On December 21, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, and the Circuit Court of Cook County, striking the defendants' petition for fees.
The Mortgage Rescue Fraud Act By James K. Weston January 2007 Column, Page 52 This law, effective January 1, is designed to protect soon-tobe-forclosed landowners from a "rescue" scam.
New rules for work-at-home solicitations - PA094-0999 December 2006 Illinois Law Update, Page 650 The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act (Act), adopting new rules to govern the solicitation of work-at-home employees. 815 ILCS 505/2XX. 
Fraudulent concealment keeps legal malpractice defendants on the hook By Helen W. Gunnarsson November 2006 Lawpulse, Page 578 A tortfeaser who fraudulently conceals a legal malpractice cause of action can be sued even after the statute of repose has run, the supreme court held last month. 
Employer sues ex-employee under computer fraud law for deleting data - and wins By Helen W. Gunnarsson September 2006 Lawpulse, Page 458 A company used civil provisions of the Computer Fraud and Abuse Act against a departing employee who irrevocably deleted business information from his laptop.
A big win for Big Tobacco By Helen W. Gunnarsson February 2006 Lawpulse, Page 62 The Illinois Supreme Court barred plaintiffs' class action claim and overturned a $10-plus billion award against Philip Morris. But experts doubt the case will have much precedential power outside Illinois.
Reducing Real Estate Fraud – Thumbprints and How Much More? By James K. Weston April 2005 Column, Page 208 Two different bills requiring notaries to maintain logbooks and record thumbprints are introduced this session.
Internet service providers now regulated by the Consumer Fraud and Deceptive Business Practices Act P.A. 093-1016 December 2004 Illinois Law Update, Page 620 Effective in 2005, Internet service providers will be regulated by the Illinois Consumer Fraud and Deceptive Business Practices Act. 
Using No-Reliance Clauses to Prevent Fraud-in-the-Inducement Claims By Joseph Wylie October 2004 Article, Page 536 Plaintiffs are using fraud-in-the-inducement theory to turn breach-of-contract allegations into tort claims. A new case gives defendants a way to fight back.
Consumer Fraud Act protections for car dealers deemed “special legislation” By Helen W. Gunnarsson December 2003 Lawpulse, Page 594 A recent Illinois Supreme Court case hands car buyers a victory.
Consumers Protected from Fraud in Auto Repair P.A. 093-0565 December 2003 Illinois Law Update, Page 600 Effective January 1, 2004, the state will require more effective information sharing between consumers and facilities making car repairs. 
Legislature Increases Penalties for Home Repair Fraud P.A. 93-0542 November 2003 Illinois Law Update, Page 550 The Legislature added a provision to the Home Repair Fraud Act providing that if a person commits aggravated home repair fraud.
Exception under Consumer Fraud Act for misleading statements inapplicable to realtors; amended complaint sufficiently pled claim of negligent misrepresentation, violations of Consumer Fraud Act, Real Estate License Act July 2003 Illinois Law Update, Page 332 On April 15, 2003, the Appellate Court of Illinois, Second District, affirmed in part and reversed and remanded in part the order of the circuit court of DuPage County dismissing the plaintiff's amended complaint with prejudice.
Post-Enron 10b-5 Secondary Actor Liability: A New Standard for Attorneys By Daniel A. Ninivaggi, Stephen J. Senderowitz, and James J. Cotter July 2003 Article, Page 350 Attorneys now might be as liable for false or misleading disclosures as their issuer clients
The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan April 2003 Article, Page 172 Our annual review of the leading cases.
Understanding the “Scheme to Defraud” Exception to Promissory Fraud in Illinois By Roger L. Price and Mark L. Johnson October 2002 Article, Page 536 The exception has generated a confusing body of case law; the authors propose a way to reconcile the decisions.
Amendments to Consumer Fraud and Deceptive Business Practices Act requiring pre-filing notification to car dealers are unconstitutional September 2002 Illinois Law Update, Page 454 On June 28, 2002, the Appellate Court of Illinois, First District, held that the 1993 and 1996 amendments to the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 (1996).