Publications

Illinois Bar Journal
Articles on Law Pulse

A contest over Mr. Cub’s will? By Matthew Hector April 2015 LawPulse, Page 10 Ernie Banks' family has said they'll challenge his will, which was executed before Illinois' tough new Presumptively Void Transfers Act took effect.
Criminal justice reform commission seeks to shrink prison population By Matthew Hector April 2015 LawPulse, Page 10 Governor Rauner's Commission on Criminal Justice and Sentencing Reform has a goal of reducing the population of Illinois' overcrowded prisons by 25 percent over 10 years.
High court overturns categorical ban on carrying loaded guns on a ‘public way’ By Matthew Hector April 2015 LawPulse, Page 10 The Illinois Supreme Court ruled recently that the state can't categorically forbid carrying an uncased, loaded gun on a "public way" - but that banning minors or non-FOID-card holders from possessing weapons is a different story.
McCuskey comes full circle By Matthew Hector April 2015 LawPulse, Page 10 Judge Michael McCuskey made the rare journey from the state to the federal bench and back again - and he's happy to leave federal court behind.
Amazon, tax collector By Matthew Hector March 2015 LawPulse, Page 14 A new law requires Amazon and other online retailers without a physical presence in Illinois to collect sales tax, the way their brick-and-mortar counterparts do.
Bill would let ‘Dreamers’ be Illinois lawyers By Matthew Hector March 2015 LawPulse, Page 14 Senate Bill 23 would allow noncitizens who meet the requirements of the federal Deferred Action for Childhood Arrival to apply for admission to the bar.
Is the switch to six-person juries constitutional? By Matthew Hector March 2015 LawPulse, Page 14 The challenge of choosing a six-person panel may make you rethink your jury-selection strategy. But some lawyers are asking whether the change in jury size violates the Illinois Constitution.
The sting of IOLTA overdraft alerts By Matthew Hector March 2015 LawPulse, Page 14 Since 2011, banks have been required to report IOLTA-account overdrafts to the Illinois ARDC. The resulting investigations often uncover bookkeeping mistakes that get lawyers into trouble.
Bills produce six-person (and better paid) juries and a new eavesdropping law By Matthew Hector January 2015 LawPulse, Page 10 Bills creating six-person civil juries and a new eavesdropping law were signed by the governor.
7th Circuit case shakes up the creditor’s bar By Matthew Hector December 2014 LawPulse, Page 566 Contrary to longstanding practice, collection cases must now be filed in the Cook County municipal district court where the debtor lives or the contract was signed.
E-filing comes to criminal court By Matthew Hector December 2014 LawPulse, Page 566 Effective last September, the Illinois Supreme Court expanded its electronic filing standards to include criminal and traffic cases.
Expanding recording of custodial interrogation, improving eyewitness ID By Matthew Hector December 2014 LawPulse, Page 566 Last year, more crimes were added to the list requiring recording of custodial interrogations, and the criminal code will soon change to reduce the risk of mistaken eyewitness identification.
ISBA ethics opinion: lawyers may advise clients on medical marijuana By Matthew Hector December 2014 LawPulse, Page 566 A new ISBA advisory opinion says that lawyers can advise clients in the medical marijuana business and counsel local governments about zoning for cultivation centers and dispensaries.
Federal minimum wage and overtime protection extended to home care workers By Matthew Hector November 2014 LawPulse, Page 518 Soon, in-home care workers will be protected by the FLSA. But will the law's exemptions and exceptions swallow the rule?
Legislative fine-tuning makes the small-estate affidavit more useful By Matthew Hector November 2014 LawPulse, Page 518 A new law makes the small-estate affidavit better for rounding up stray assets that didn't make it into probate-avoiding trusts and more palatable to banks and other entities.
Stronger workplace rights for pregnant women and new moms By Matthew Hector November 2014 LawPulse, Page 518 A new Illinois law, one of the most protective nationwide, requires employers to provide a range of reasonable accommodations to pregnant woman and new mothers.
Your client got a Getty Images demand letter? Here’s what to do By Matthew Hector November 2014 LawPulse, Page 518 Getty Images is famous for sending fear-inducing copyright-infringement notices to individuals and small businesses. Here's what to do if your client gets one.
The incredible, unciteable Rule 23 order By Matthew Hector October 2014 LawPulse, Page 466 Lawyers can cite magazine articles like the one you're reading in their pleadings and briefs - why can't they cite Rule 23 orders?
New residential real estate contract incorporates common modifications By Matthew Hector October 2014 LawPulse, Page 466 A new version of the widely used multi-board real estate contract incorporates the most common changes lawyers made in its predecessor.
Not-so-neighborly neighbors By Matthew Hector October 2014 LawPulse, Page 466 Rural and exurban property owners who want to keep hunters and others off their land sometimes find it hard to do. But liability limits protect those who open their land to the public.
Tort legislation medley By Matthew Hector October 2014 LawPulse, Page 466 The governor recently signed laws affecting UI/UIM arbitration, statutes of limitations for disabled plaintiffs, and service of process in gated communities.
Accepting credit-card payments? Mind your trust-account ps and qs By Mark S. Mathewson September 2014 LawPulse, Page 418 Make sure retainer-fee payments by credit card are going into your trust account and not your general office account, an ISBA ethics opinion admonishes.
New Illinois law limits criminal history checks on job applicants By Matthew Hector September 2014 LawPulse, Page 418 Beginning in January, employers won't be allowed to require prospective employees to disclose their criminal history on a job application.
Seventh circuit pilot program focuses on improving e-discovery By Matthew Hector September 2014 LawPulse, Page 418 A pilot program centered in Chicago is developing a set of procedures designed to improve the efficiency of electronic discovery in federal cases.
Spousal maintenance guidelines become law in Illinois By Mark S. Mathewson September 2014 LawPulse, Page 418 A new law, effective January 1, removes uncertainty from most maintenance decisions by creating a formula for determining the size and duration of awards.
ACLU sues over reaction to fake mayoral twitter account By Matthew Hector August 2014 LawPulse, Page 366 The lawsuit alleges that the mayor and other officials conspired to violate the First and Fourth Amendment rights of accountholder and tweeter Jon Daniel.
E-discovery rule changes allow format choice, prevent abuse By Matthew Hector August 2014 LawPulse, Page 366 Among other things, recent amendments to Illinois Supreme Court Rules 201 and 214 empower courts to tailor discovery if the burden of the request outweighs the benefit.
Medical marijuana implementation a work in progress By Janan Hanna August 2014 LawPulse, Page 366 The law took effect January 1, but the rules that would make it available to patients were approved only last month.
When caregivers take By Janan Hanna August 2014 LawPulse, Page 366 A bill awaiting the governor's signature would protect seniors from being taken advantage of by a caregiver or court-appointed guardian.
Discourage juror tweets through admonishment, not punishment By Janan Hanna July 2014 LawPulse, Page 314 Authors of a Chicago-based study of jury behavior conclude that jurors actually listen to instructions from judges not to communicate about the case.