Publications

Illinois Bar Journal
Articles From 2010

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Defense Lawyers - You Can’t Afford Not to Be ISBA Members By John G. O’Brien April 2010 Column, Page 172 If you're a civil defense lawyer, you owe it to yourself and your clients to belong.
Disabled persons now protected under the Home Repair Fraud Act. PA 096-1026 September 2010 Illinois Law Update, Page 452 The Illinois General Assembly has passed a bill making it a felony for anyone to commit fraud in connection with a home repair project undertaken to aid a disabled person. (815 ILCS 515/5)
Distributions By a Business Entity - Cautions for Owners and Their Counsel By Sherwin D. Abrams September 2010 Column, Page 484 Make sure your business clients aren't opening themselves to disgruntled claimants.
DIY practice management software: a point-counterpoint By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 ISBA lawyers offer differing views on the wisdom of using free or low-cost practice-management applications.
Does What Happens on Facebook Stay on Facebook?Discovery, Admissibility, Ethics, and Social Media By Beth C. Boggs and Misty L. Edwards July 2010 Article, Page 366 What are the limits on discovery and admissibility of content gathered on social media sites? This article looks at the emerging case law.
Does Your Practice Need Practice Management Software? By Helen Gunnarsson July 2010 Article, Page 352 It can help you save time, make money, even avoid malpractice claims, according to legal technologists. Find out whether it's right for you.
Domestic Violence Act addendum June 2010 Column, Page 282 More on the Illinois Domestic Violence Act.
Dramshop Act does not block respondeat superior claim for employee drunk driving November 2010 Illinois Law Update, Page 564 On August 18, 2010, the Appellate Court of Illinois, First District, overturned a grant of summary judgment by the Circuit Court of Cook County, finding that the Dramshop Act does not preempt claims based on legal theories independent from the defendant's provision of alcohol.
EEOC complaints: sender’s fax confirmation “strong evidence” of receipt By Helen W. Gunnarsson February 2010 Lawpulse, Page 66 The seventh circuit holds that the fax confirmation generated by the sender's machine is strong evidence the EEOC actually received a complaint at a given time and date.
Electronic Home Detention Program now available for juvenile offenders. PA 096-0293 July 2010 Illinois Law Update, Page 348 Illinois lawmakers amended the Juvenile Court Act of 1987 to allow electronic home detention as an appropriate form of sentencing for wards of the court. 705 ILCS 405/5-7A-101.
Employee Credit Privacy Act bars inquiry about employee credit history. PA 096-1426 November 2010 Illinois Law Update, Page 564 The Illinois General Assembly has enacted the Employee Credit Privacy Act to prohibit employers from inquiring about the credit history of an applicant or employee.
Employer can be required to continue paying temporary total disability benefits after termination of claimant’s employment April 2010 Illinois Law Update, Page 180 On January 22, 2010, on an issue of first impression, the Illinois Supreme Court reversed a decision of the Illinois Appellate Court, Third District, and reinstated a decision of the Workers' Compensation Commission (WCC).
Employer v. Employee: When Is it Forbidden Retaliation Under Title VII? By Nicholas P. Cholis December 2010 Article, Page 636 Does an Illinois employer violate Title VII's anti-retaliation provision by suing a worker who has filed a discrimination claim? Here's a look at this complex question.
Employment Termination When a Church is the Employer By Hon. William J. Borah July 2010 Article, Page 370 Courts are reluctant to interfere, but they will step in when they can decide based on neutral principles.
Errors and Omissions December 2010 Column, Page 606 In re Marriage of Zells and not-yet-paid contingency fees; Foreclosure and divorce; and Who was that legal assistant?
The Estate Tax- dumped on New year’s Eve By Katarinna McBride February 2010 Column, Page 104 Congress defied the conventional wisdom and let the estate tax die. What will replace it?
Ethical Issues for Family Lawyers Under the New Rules of Professional Conduct By Paulette M. Gray January 2010 Article, Page 36 A look at some hypothetical but all-too-common family-law scenarios and how to approach them under the 2010 Illinois Rules of Professional Conduct.
Ethics-rule amendment clarifies role of lawyer-lobbyists By Helen W. Gunnarsson January 2010 Lawpulse, Page 10 An amendment to new RPC 3.9 removes a cross-reference that lawyer-lobbyists feared might forbid heretofore accepted forms of one-on-one lobbying.
Experts Cannot Testify About the Law - or Can They? By James W. Springer February 2010 Article, Page 98 In theory, experts may not opine about whether a party's actions were legal. Here's how courts have put that principle into practice.
Failure to appoint an administrator before filing a wrongful-death action is not fatal to the cause of action September 2010 Illinois Law Update, Page 452 On July 8, 2010, the Appellate Court of Illinois, Fifth District, reversed a motion to dismiss from the Circuit Court of Randolph County, finding that an amended complaint is not necessary when the administrator of an estate is not appointed until after a wrongful death action is filed.
Family law software: not exempt from the rules of evidence By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 Make sure you understand how support calculators work before relying on their results, and don't forget to lay a foundation for the report if you seek to enter it into evidence.
Federal Administrative Law, Part 1: the e-CFR By Tom Gaylord July 2010 Column, Page 378 Free publications, including the daily e-CFR, make federal regulatory research easy.
Federal courts have jurisdiction over legal malpractice claims in patent infringement cases January 2010 Illinois Law Update, Page 16 On November 10, 2009, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County finding, in a legal malpractice suit, that the contingent fee arrangement between the parties was not void, and that jurisdiction over the malpractice claim rested exclusively with the federal courts. 
Federal Legislative History - Free Tools at Your Fingertips By Tom Gaylord May 2010 Column, Page 264 Great (and free) Web-based resources.
Federal standard time By Helen W. Gunnarsson February 2010 Lawpulse, Page 66 New laws standardize the way time periods are calculated in federal court.
Fiduciary Duties of Shareholders of Closely Held Corporations By Keith H. Berk, Scott A. Josephson, and Miriam Volchenboum March 2010 Article, Page 148 Shareholders of closely held corporations are held to a higher fiduciary standard than those of publicly traded organizations. Find out how.
A First Amendment right to audiorecord police? By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 The ACLU says so, arguing that the Illinois Eavesdropping Act's prohibition is unconstitutional. Does freedom of speech include the freedom to record?
Flags will fly at half-staff for firefighters. PA 096-0436 May 2010 Illinois Law Update, Page 236 Following the governor's decree, the United States flag and Illinois State flag fly at half-staff to honor those Illinois residents who are members of the armed forces and die by hostile fire or who are law enforcement officers and die in the line of duty.
For Rent: Prime Office Space By John G. O’Brien June 2010 Column, Page 284 It's been a great year, but the lease is up.
Foreclosure and Divorce - Borrower’s Rights in the Face of Two “Wrongs” By Joseph R. Fortunato and Steven B. Bashaw October 2010 Column, Page 544 Should your divorcing, foreclosedupon client consolidate the foreclosure with the divorce?