Publications

Illinois Bar Journal
Articles From 2009

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Making a Graceful Exit By Helen W. Gunnarsson May 2009 Lawpulse, Page 220 Remember, the Former Employer From Hell still holds the power of a reference.
Making evidence meaningful By Helen W. Gunnarsson June 2009 Lawpulse, Page 278 A veteran lawyer and trial judge tells litigators how to present evidence in a way that engages and wins over jurors.
Malpractice Top 40 By Karen Erger August 2009 Column, Page 424 A review of chart-topping lawyer errors.
Managers’ Fiduciary Duty: Fixing the Illinois LLC Act By Lin Hanson September 2009 Column, Page 474 LLC members who exercise the power of a manager now owe a fiduciary duty to the company.
Mandatory retirement age for judges ruled unconstitutional By Helen W. Gunnarsson September 2009 Lawpulse, Page 438 The Illinois Supreme Court rules that the statute requiring judges to retire at age 75 is unconstitutional and says mandating retirement for judges might require constitutional amendment.
Marital and Nonmarital Property: Calculating Reimbursements Under the IMDMA By Roman J. Seckel August 2009 Article, Page 412 A spouse's nonmarital estate can be reimbursed for contributions to the marital estate - and vice versa - but determining the value of those contributions can be tricky.
Measure of damages to pet may include the cost of veterinary care and treatment March 2009 Illinois Law Update, Page 122 On December 31, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of Logan County awarding damages to the plaintiffs for tortious damage to their dog and modifying the damage award to equal the total costs of veterinary care required.
Memory Mastery By Helen W. Gunnarsson August 2009 Lawpulse, Page 386 A presenter at the upcoming ISBA Solo and Small Firm Conference helps lawyers improve their memories and thereby enhance their practices.
A Message from the President-Elect By John G. O’Brien January 2009 Column, Page 8 Nominate Yourself for an ISBA Committee or Section
Missing Mortgage Funds and a Notary Conflict By James K. Weston July 2009 Column, Page 372 Financial institutions seem to be hoarding bailout money, not lending it.
New hearsay exception added for the intentional murder of a witness. PA 095-1004 February 2009 Illinois Law Update, Page 70 The Illinois General Assembly amended the Code of Criminal Procedure by adding section 115-10.6, which creates a new hearsay exception when evidence is offered against a party that has killed the declarant "intending to procure the unavailability of the declarant as a witness in a criminal or civil proceeding." 725 ILCS 5/115-10.6.
New law brings transparency to homestead assessments. PA 096-0122 November 2009 Illinois Law Update, Page 552 State lawmakers recently added new language to the state Property Tax Code to help homeowners understand and challenge changes in their property assessments. 
New Law Clarifies Illinois’ Sentencing Statutes By John J. Cullerton, Peter G. Baroni, Daniel S. Mayerfield, Ryan J. Rohlfsen, and Paul H. Tzur September 2009 Article, Page 466 A newly enacted reorganization of the Unified Code of Corrections helps bring sentencing up to date in Illinois.
New Law Promotes Private Trust-Administration Agreements By Lyman W. Welch and Susan T. Bart November 2009 Article, Page 562 The new Illinois virtual representation law allows more trustees and beneficiaries to resolve trust matters by private agreement.
New laws criminalize interference with the duties of a judicial officer. PA 095-1035 April 2009 Illinois Law Update, Page 174 Illinois lawmakers amended the Criminal Code of 1961 by adding two new sections making it a crime to interfere with the duties of a judicial officer, or attempt to bribe an officer's immediate family, staff, or other court employees. 720 ILCS 5/32-4e, 32-4f.
New lead and mercury labeling requirements PA 095-1019 June 2009 Illinois Law Update, Page 284 The Illinois General Assembly amended section 6 of the Lead Poisoning Prevention Act and added two new sections to the Mercury-added Product Prohibition Act. 410 ILCS 45/6, 410 ILCS 46/22, 23. 
New life insurance standards for reserve liabilities and nonforfeiture values March 2009 Illinois Law Update, Page 122 The Department of Financial and Professional Regulation added a new Part to Title 50 entitled,Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values. 50 Ill Adm Code 1414, 32 Ill Reg. 19725. 
New open government legislation By Helen W. Gunnarsson July 2009 Lawpulse, Page 330 A bill awaiting the governor’s signature would make the promise of open records real for more people, supporters say.
New program created to fund capital improvement projects for hospitals. PA 096-0037 September 2009 Illinois Law Update, Page 444 Illinois lawmakers have amended the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to create, subject to appropriation, a program to award grants to fund capital projects "to improve or renovate [a] hospital's facility or to improve, replace or acquire the hospital's equipment or technology." 
New RESPA Regulation Finally Arrives By James K. Weston January 2009 Column, Page 52 HUD has finally pushed out its RESPA regs. Here's an at-a-glance review.
New responsibilities for Electronic Registration and Titling Service Providers January 2009 Illinois Law Update, Page 16 The Secretary of State amended section 1010.245 of Title 92, which deals with certificates of title and the registration of vehicles.   
New rules set standards for dementia care units November 2009 Illinois Law Update, Page 552 The Department of Healthcare and Family Services (the department) recently adopted new rules creating a pilot program for Dementia Care Units in Supportive Living Facilities (SLF) across the state. 
New statute clarifies family law attorney-fee provisions By Helen W. Gunnarsson October 2009 Lawpulse, Page 490 A new law drafted by ISBA’s Family Law Section Council should bring some order to Illinois’s confusing, inconsistent scheme for awarding attorney fees in family law cases.
No after-the-fact extension of statute of limitations By Helen W. Gunnarsson November 2009 Lawpulse, Page 546 The legislature can't revive a time-barred lawsuit by later extending the statute of limitations, the illinois Supreme Court holds.
No five-o’clock world for e-filing By Helen W. Gunnarsson January 2009 Lawpulse, Page 10 Unless the rules specify otherwise, parties may electronically file up to midnight on deadline day with administrative agencies that permit e-filing, the supreme court holds.
No right to expungement for pardon recipients By Helen W. Gunnarsson May 2009 Lawpulse, Page 220 Just because the the governor pardons you doesn't mean you're entitled to have your conviction expunged, the illinois Supreme Court held.
Nonlawyers in Administrative Adjudications By Professor Jeffrey A. Parness December 2009 Column, Page 636 Nonlawyers can represent an employer in administrative proceedings before the IDES.
Now More than Ever By John G. O’Brien July 2009 Column, Page 328 Tough economic times make ISBA membership essential to your practice.
Objections During Voir Dire Examination of Prospective Jurors By Marc B. Stahl January 2009 Article, Page 42 The Illinois legal community lacks a set of commonly understood, shorthand objections to identify improper questions during voir dire examination of prospective jurors.
Okay, are you really ready for the Red Flags Rule? By Helen W. Gunnarsson November 2009 Lawpulse, Page 546 Implementation of the FTC's Red Flags rule, which requires lawyers to develop an identity theft prevention program, was postponed from August till November 1.