Sentencing guidelines: mandatory no moreBy Helen W. GunnarssonApril 2005LawPulse, Page 162The U.S. Supreme Court shook up federal criminal practice by ruling in Booker/Fanfanthat sentencing guidelines are advisory only. Not surprisingly, many questions remain.
To LLC or not to LLCBy Helen W. GunnarssonApril 2005LawPulse, Page 162When you're starting a law practice, the LLC is a good form of business organization to choose. Then again, so is the PC.
You take the sofa, I’ll take the Fifth…By Helen W. GunnarssonApril 2005LawPulse, Page 162Forget about dirty laundry; what if your divorcing client did – or might have done – something criminal? Here's advice about advising clients how and when to take the Fifth.
The gay rights amendment: It’s the lawBy Helen W. GunnarssonMarch 2005LawPulse, Page 110The Illinois Human Rights Act now prohibits many kinds of discrimination against homosexuals, a fact of which you should apprise your clients – whether they like it or not.
HIPAA and POAs revisitedBy Helen W. GunnarssonMarch 2005LawPulse, Page 110Experts still say you shouldn't have to amend your POAs to make them HIPAA compliant, but maybe it's better to be safe than sorry.
Sellers subsidize closings via HUD-approved programsBy Helen W. GunnarssonMarch 2005LawPulse, Page 110The Nehemiah and AmeriDream programs allow sellers to pick up closing costs for homebuyers without violating RESPA. But is there a downside to this popular practice?
So, does that statute apply to my case?By Helen W. GunnarssonMarch 2005LawPulse, Page 110It's often hard to tell exactly when a statute takes effect, but the Illinois Legislative Reference Bureau offers guidance for legislative drafters and practicing lawyers.
Subcontractors bewareBy Helen W. GunnarssonMarch 2005LawPulse, Page 110Many businesses struggle with how to classify the people who work for them – are they employees or independent contractors? This case won't make it easier.
Making settlement appealingBy Helen W. GunnarssonFebruary 2005LawPulse, Page 62On appeal, opponents rarely meet face to face and thus have little opportunity to explore settlement. A new program seeks to make settling easier at the appellate level.
When Johnny and Jenny come marching homeBy Helen W. GunnarssonJanuary 2005LawPulse, Page 8Their jobs had better be awaitin' and the accompanying job rights preserved, or their employers may be guilty of violating federal law.
Ademption preemptionBy Helen W. GunnarssonDecember 2004LawPulse, Page 614Remember the ademption doctrine from your Wills and Estates class? No? Read on.
All in the (nontraditional) familyBy Helen W. GunnarssonDecember 2004LawPulse, Page 614The supreme court rules that a man can't vacate a voluntary acknowledgement of paternity even if DNA evidence shows he isn't the father.
Found treasureBy Helen W. GunnarssonDecember 2004LawPulse, Page 614Dividends on unclaimed stock belong to the owner, not the state, the supreme court rules.
The Illinois Workers’ Compensation CommissionBy Helen W. GunnarssonDecember 2004LawPulse, Page 614The Illinois Industrial Commission will get a new name to go with its new, more efficient approach to doing business, the chair says.
DUI: the acid-reflux defenseBy Helen W. GunnarssonNovember 2004LawPulse, Page 562The high court holds that defendants with acid-reflux disease can raise it as a defense if it causes them to regurgitate during breath-alcohol testing.
Illinois’ new WARN lawBy Helen W. GunnarssonNovember 2004LawPulse, Page 562There's already a federal law requiring employers to notify workers about layoffs and closing; effective January 1, there'll be a state law to go with it.
What limits on lawyer–notaries?By Helen W. GunnarssonNovember 2004LawPulse, Page 562Can lawyers notarize their clients' signatures on wills, POAs and the like? Some say "no," most say "yes."
Clients not liable for lawyers’ intentional tortsBy Helen W. GunnarssonOctober 2004LawPulse, Page 508The Illinois Supreme Court holds that clients are not liable for lawyers' intentional torts unless they authorized, directed, or ratified the lawyers' conduct.