Publications

Illinois Bar Journal
Articles From 2009

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State police to video tape all traffic stops. PA 095-1009 February 2009 Illinois Law Update, Page 70 Illinois lawmakers amended the State Police Act to add section 30, which requires the use of video recording cameras in patrol vehicles. 20 ILCS 2610/30.
Stranger-Owned Life Insurance: The Rewards: a Fictional Case Study By Stephen M. Margolin and Valerie J. Freireich November 2009 Article, Page 568 An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?
Stranger-Owned Life Insurance: The Risks and How to minimize them By James C. Shanley November 2009 Article, Page 569 An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?
Strict Liability for Sexual Harassment by Supervisors By Cynthia Hyndman, Robert Margolis, and Aleeza Strubel September 2009 Article, Page 454 The Illinois Supreme Court's Sangamon County Sheriff's Department decision subjects employers to strict liability for sexual harassment by their supervisors. So, who is a supervisor?
Strip-search of student violates Fourth Amendment By Helen W. Gunnarsson October 2009 Lawpulse, Page 490 Education lawyers say the U.S. Supreme Court’s Safford ruling confirms their longstanding advice to school officials: don’t strip-search kids.
Subpoena for medical records January 2009 Illinois Law Update, Page 16 On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).
Supreme Court: No “transferred negligence” between husband and wife By Helen W. Gunnarsson November 2009 Lawpulse, Page 546 As a consequence, a woman's estate can't sue those who provided health care to her husband, who killed her.
Taking Down Your Shingle By Helen W. Gunnarsson January 2009 Article, Page 20 Selling or otherwise closing your private practice? Don't forget to take care of important business before you do.
Tech tools for solos By Helen W. Gunnarsson September 2009 Lawpulse, Page 438 Every sole practitioner needs a smart phone, a laptop, a scanner, and a good backup system. Here's why.
Telling a prospective client “I’m just not that into you” By Helen W. Gunnarsson October 2009 Lawpulse, Page 490 ISBA lawyers offer various ways to deliver the message, but all agree that you can’t be afraid to tell would-be clients “no” if representing them doesn’t feel right.
The term “emergency” in the Employee Benefits Act encompasses a variety of situations January 2009 Illinois Law Update, Page 16 On November 4, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County finding that the plaintiff was entitled to benefits under the Public Safety Employee Benefits Act (Employee Benefits Act), 820 ILCS 320/1 et seq.
Text-messaging while driving banned; Cell phone use prohibited in school and construction zones. PA 096-130 and PA 096-131 November 2009 Illinois Law Update, Page 552 Motorists across the state soon must obey new laws banning text messaging while driving and prohibiting the use of cell phones in school zones and construction areas.
There’s no day like today to pay your ARDC registration fee By Helen W. Gunnarsson February 2009 Lawpulse, Page 64  The cost of bringing yourself into compliance goes up the longer you wait.
Twitter and Linkedin and Facebook. Oh My! By Helen W. Gunnarsson June 2009 Article, Page 288 Are you Linkedin? Facebooking? Tweeting? Or still figuring out what it's all about and why you should care? Here's a lawyer's guide to social networking.
Two Corporate Communications Your Client May Be Getting By Stephen Proctor June 2009 Column, Page 312 One should be ignored. The other must be reviewed and answered carefully.
Understanding Uninsured and Underinsured Motorist Provisions By Helen W. Gunnarsson March 2009 Article, Page 126 UM/UIM provisions can salvage what would otherwise be a no-recovery case, but you need to understand your clients’ liability policies, not just the tortfeasors’.
Uniform Disposition of Unclaimed Property act amended. PA 095-1003 May 2009 Illinois Law Update, Page 226 Illinois lawmakers amended section 20 of the Uniform Disposition of Unclaimed Property Act. 765 ILCS 1025/20.
Urban Legends About Family Law By H. Joseph Gitlin October 2009 Column, Page 528 Think men don't get custody or maintenance? Think again.
U.S. Supreme Court: Confrontation Clause requires lab analysts to testify By Helen W. Gunnarsson October 2009 Lawpulse, Page 490 Prosecutors can’t rely on lab reports alone, the Court rules. But ISBA lawyers disagree about how much impact the ruling will have in Illinois.
Victory for defendants in asbestos case By Helen W. Gunnarsson June 2009 Lawpulse, Page 278 The Illinois Supreme Court allows defendants in asbestos cases to introduce evidence that someone else's negligence was the sole proximate cause of a plaintiff's injuries.
Waiver of Minimum Required Distributions for 2009 By David A. Berek February 2009 Column, Page 102 A new law lessens the impact of the market downturn on retirement accounts.
Weathering the Storm By Karen Erger February 2009 Column, Page 98 Don't make bad economic times worse with bad management decisions.
When Can You Defend Both a Corporation and Its Officers? By Richard L. Miller II and Joshua E. Liebman December 2009 Article, Page 618 When they're sued, corporations and their officers often turn to the corporation's lawyer. But look out for conflicts of interest before you undertake joint representation.
When Does an Insured Have a Right to Independent Counsel? By Robert P. Vogt March 2009 Article, Page 142 A look at the kinds of conflict of interest with insurers and others that trigger an insured’s right to independent counsel.
When is a Noncustodial Parent Entitled to Maintenance? July 2009 Column, Page 373 Is it customary for a court to award maintenance and/or attorney’s fees to a noncustodial parent who is on public assistance (the custodial parent is surviving on $34K per year)?
When it comes to corporate governance, formalities matter By Helen W. Gunnarsson April 2009 Lawpulse, Page 168 Help your corporate clients understand the importance of - and comply with - formalities such as preserving minutes, buying enough insurance, and the like.
When one is injured twice in the same body part, the injuries are not automatically indivisible when apportioning liability August 2009 Illinois Law Update, Page 392 On May 29, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County ordering one of two defendants involved in two separate car accidents with the injured plaintiff to pay one half the total verdict, after the other defendant settled. 
When Recusal Leads to DEADLOCK: A Constitutional Cure By J. Timothy Eaton and Lynn A. Ellenberger October 2009 Article, Page 510 The authors propose a constitutional amendment allowing replacement of Illinois Supreme Court justices when recusal makes rendering a decision impossible.
Where there’s another will, there may be a way By Helen W. Gunnarsson December 2009 Lawpulse, Page 598 The failure to contest a will does not always bar an action for intentional interference with an expectancy of inheritance, the supreme court rules.
Winning at Darwin’s Game By Katarinna McBride August 2009 Column, Page 420 Survivor-style challenges and opportunities confront estate planners.