Publications

Illinois Bar Journal
Articles From 2005

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The 2005 Amendments to The Illinois Mechanics Lien Act By Howard M. Turner December 2005 Article, Page 630 The changes make the act simpler and easier to understand, this author opines.
2005 Illinois Spring Session Roundup By Jim Covington August 2005 Column, Page 394 Brief summaries of bills lawyers should know about.
The 80/20 Rule of Legal Research By Thomas Keefe May 2005 Column, Page 258 The 80/20 rule has implications for how you do–and pay for–legal research.
The ABCs of D&O Insurance: An Illinois Lawyer’s Guide By Anjali C. Das June 2005 Article, Page 304 A look at common D&O policy provisions and exclusions with a view toward helping lawyers advise corporate clients.
The ABCs of QDROs By Helen W. Gunnarsson January 2005 Article, Page 18 QDROs are an increasingly painful – and important – part of practice. And ignoring them won't make the pain go away.
Accomplishments, Challenges, and Opportunities By Ole Bly Pace III June 2005 Column, Page 272 A reflection on the bar year.an for it.
Acts revised for trauma reporting PA094-0671 December 2005 Illinois Law Update, Page 622 The hospital Licensing Act (210 ILCS 85/1 et seq) has been amended to require more rigorous reporting of certain traumas sustained by patients under the age of majority.
Adding Insult to Overseas Injury: A Failure of the Forum Non Doctrine By James E. Pfander June 2005 Column, Page 314 Under current doctrine, foreign mass-tort plaintiffs are often left with little or nothing.
Additions made to activities child sex offenders may not engage in PA 093-0905 March 2005 Illinois Law Update, Page 116 Effective January 1, 2005, it is unlawful for a child sex offender to knowingly conduct or operate any type of business in which he or she photographs, videotapes, or takes a digital image of a child. 
Adjusted penalty for misuse of horse medication on race day March 2005 Illinois Law Update, Page 116 The Illinois Racing Board recently amended 11 Ill Adm Code 603, effective December 1, 2004. 
Administrative Dissolution: Tearing a Hole in the Corporate Veil By Lin Hanson June 2005 Column, Page 312 Involuntary dissolution for failure to pay taxes or fees can put directors and officers at risk.
Admission of Facts in Discovery: Avoiding the Rule 216 Trap By John J. Hynes August 2005 Article, Page 402 Failure to comply with discovery requests can lead to dire consequences. Find out what's at stake and what to do about it.
Advantage to Creditor: Understanding Preference Actions and Available Defenses By Edward S. Margolis November 2005 Article, Page 590 The bankruptcy reform law adds some new pro-creditor wrinkles to defending preference actions.
All constitutional requirements must be met in order for property to qualify for a charitable-use property tax exemption March 2005 Illinois Law Update, Page 116 On December 2, 2004, the Illinois Supreme Court reversed the orders of the appellate and circuit courts, which reversed the Illinois Department of Revenue's (Department) holding that the property in question was not tax exempt. 
Allowing Disparate Impact Claims Under the ADEA By Lori D. Ecker and Joseph M. Gagliardo April 2005 Article, Page 198 Will the U.S. Supreme Court allow older employees to prove age discrimination based on employers' facially neutral practices?
Amended insanity defense does not violate the equal protection clause of the Illinois Constitution February 2005 Illinois Law Update, Page 68 On November 19, 2004, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Du Page County, denying the defendant's motion for a new trial and sentencing him to jail for 45 years.
Amended requirements for telecommunications carriers to receive grants May 2005 Illinois Law Update, Page 232 The Illinois Commerce Commission amended 83 Ill Adm Code 759, effective March 1, 2005.
Amendments to North Point Marina vendor identification and access April 2005 Illinois Law Update, Page 170 Effective January 10, 2005, 17 Ill Adm Code 230 has been amended by the Department of Natural Resources to add requirements for North Point Marina vendors.
Anti-predatory-lending statute takes effect January 1 By Helen W. Gunnarsson December 2005 Lawpulse, Page 614 An amendment to the Real Property Disclosure Act will create a new predatory lending database. But some worry that it could unintentionally penalize good-guy lenders in targeted neighborhoods.
Appellate Jurisdiction Over Child Protection Orders By Charles P. Goldbert and Kass A. Plain September 2005 Article, Page 466 When can lawyers for parents, children, and other parties seek appellate review in child protection cases? This article discusses the details.
Apportioning Liability in Third-Party Cases: Recent Issues By Elliot R. Schiff January 2005 Article, Page 38 The author recommends that nonparties, settling defendants, and plaintiffs not be considered when apportioning liability.
Are series LLCs right for your clients? By Helen W. Gunnarsson November 2005 Lawpulse, Page 558 This form of business organization, newly authorized in Illinois, can help some clients limit personal liability while enjoying certain advantages of partnership.
Are You a “Rules Lawyer”? By Karen Erger December 2005 Column, Page 650 You'd better be. Test your knowledge of the Rules of Professional Conduct and stay on the ARDC's good side.
Attorney has no right to contingency agreement fees if client does not appeal unfavorable decision November 2005 Illinois Law Update, Page 564 On August 5, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County dismissing the plaintiff's complaint. 
Attorney-Approval Clauses and Residential Real Estate Contracts: Mere Modification or More? By Helen W. Gunnarsson February 2005 Article, Page 72 Most home-sale contracts empower attorneys to propose modifications. But do those "proposals" effectively nullify the contract?
Attorney-client privilege waived when the party asserting the privilege places the privileged communication directly at issue in the case January 2005 Illinois Law Update, Page 14 On November 5, 2004, the Illinois Appellate Court, Second District, affirmed in part, vacated in part, and remanded the Circuit Court of Lake County's decision to grant the defendant's discovery motion requesting access to communications between the plaintiff's husband and a medical malpractice attorney. 
Avery Raises Doubts About the Class Action Fairness Act By James E. Pfander December 2005 Column, Page 648 The supreme court's recent class-action certification case calls the need for CAFA into question.
Avoiding the Cliff-Hanger Ending By Karen Erger February 2005 Column, Page 96 Beware: dissolving law firm can end up sans malpractice coverage.
The Bankruptcy Abuse Reduction Fiasco? By Helen W. Gunnarsson June 2005 Lawpulse, Page 274 Here's a thumbnail sketch of the new Bankruptcy Act provisions that place new burdens on lawyers to verify information in clients' petitions.
Bankruptcy Reform for Non-Bankruptcy Lawyers By Bruce C. Scalambrino October 2005 Article, Page 518 Though bankruptcy reform may be bad news for consumers and their attorneys, creditors will find much to like in the new law.