Publications

Illinois Bar Journal
Articles From 2010

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Teachers’ retirement system adopts benefit eligibility & FOIA request rules June 2010 Illinois Law Update, Page 292 The Teachers' Retirement System of the State of Illinois (TRS) recently established a test to ensure that former teachers and other members sufficiently separate from employment prior to receiving benefits. 
Temporarily totally disabled workers entitled to benefits till they improve By Helen W. Gunnarsson March 2010 Lawpulse, Page 122 Employers must pay TTD to injured workers until they get better, the Illinois Supreme Court rules - even if those workers were fired for cause.
Tenancy by the entirety gets a boost By Helen W. Gunnarsson September 2010 Lawpulse, Page 446 Spouses no longer must choose between the protection against creditors provided by tenancy by the entirety and the estate-planning advantages of a revocable inter vivos trust.
“They’re Bad-Mouthing the Business”: Suing for Defamation and Related Claims on Behalf of a Corporation and its Officers By Joseph J. Siprut October 2010 Article, Page 528 Your business client wants you to respond to lies told by competitors or others. What now? This article reviews the options.
Third-party clients of licensed day and temporary labor service agencies face stiffer penalties for failure to meet their agreements. PA 096-1185 October 2010 Illinois Law Update, Page 508 A third-party client is now legally responsible to pay wages and payroll taxes to licensed day and temporary labor service agencies for the services performed according to the terms in the respective invoices and agreements. (820 ILCS 175/30). 
Thirty days for lawyers to file for fees and costs following withdrawal from representation. PA 096-0981 September 2010 Illinois Law Update, Page 452 Illinois attorneys now have 30 days following their court-approved withdrawal from representation of a client to petition the court for the reasonable compensation for their services. (755 ILCS 5/27-2)
Three-year pilot program focuses on the societal reintegration of persons with physical disabilities or mental illness. PA 096-0810 April 2010 Illinois Law Update, Page 180 Amendments to the Disabilities Services Act have charged the Department of Human Services with creating a new pilot program designed to show the reintegration possibilities of persons with disabilities who need short-term placement in nursing facilities.
Tips from Veteran ISBA Members By Mark D. Hassakis September 2010 Column, Page 444 Great advice from experienced ISBA colleagues.
Tort Law Resources for Illinois Practitioners By Tom Gaylord March 2010 Column, Page 156 Illinois tort law gets the full treatment in secondary sources.
Trial court overturns vehicle forfeiture statute By Helen W. Gunnarsson January 2010 Lawpulse, Page 10 Among other constitutional infirmities, the law does not require a prompt post-seizure judicial review, a DuPage County judge opines.
Two Cheers for the New Illinois Freedom of Information Act By Alison K. Hayden February 2010 Article, Page 82 Revisions to Illinois' sunshine laws are designed to make public records more accessible. But will they work as intended?
Unbundling Explained By Helen W. Gunnarsson October 2010 Article, Page 512 Limited scope or discrete task legal representation - aka "unbundling"- is a client- and lawyer-friendly idea whose time has come, proponents say.
Uncivil Action By Helen W. Gunnarsson August 2010 Article, Page 408 Despite all the energy devoted to collegiality and professionalism, lawyers too often confront rudeness, even hostility, in opponents. Here's what to do.
Unhappy SLAPPers: more muscle for the Citizen Participation Act By Helen W. Gunnarsson December 2010 Lawpulse, Page 610 The Illinois Supreme Court held that the Act immunized a defamation defendant's statements to a reporter about a developer.
University of Illinois admission age eliminated. PA 096-0203 July 2010 Illinois Law Update, Page 348 The general assembly recently dropped a minimum age requirement for applicants to the University of Illinois. 
Updated Illinois professional teaching standards adopted December 2010 Illinois Law Update, Page 616 The State Board of Education recently amended regulations which set forth the Illinois Professional Teaching Standards. 23 Ill Adm Code 24.130.
UPL: Nonlawyers may represent employers before the IDES, appellate court holds By Helen W. Gunnarsson February 2010 Lawpulse, Page 66 The Illinois Appellate Court held that nonlawyers who represent employers before the Illinois Department of Employment security in unemployment benefits hearings aren't engaging in the unauthorized practice of law.
The Urgent Need for Juvenile Justice Reform By Mark D. Hassakis August 2010 Column, Page 392 Our costly juvenile justice system too often does more harm than good. Fortunately, there's a better way.
Using Life Insurance to Secure a Maintenance Obligation By Rob Shumaker September 2010 Article, Page 466 What happens when a maintenance-paying spouse dies shortly after the judge signs the dissolution judgment? Is the maintenance recipient out of luck? That may depend on where the case arose.
Vehicles may be seized if used to steal precious or scrap metal. PA 096-0313 June 2010 Illinois Law Update, Page 292 Thieves of precious and scrap metals could have their vehicles seized if the vehicle is used to steal the metal, under a new law passed by state lawmakers. 
Violations of the Home Repair and Remodeling Act do not render a contract void and unenforceable September 2010 Illinois Law Update, Page 452 On June 30, 2010, the Appellate Court of Illinois, First District, reversed a decision of the Circuit Court of Cook County, finding that a contractor's procedural violations of the Home Repair and Remodeling Act ("the Act") (815 ILCS 513/1 et seq) did not preclude the contractor from asserting a mechanic's lien or breach of contract claim.
Virtual law firms: the new reality of lawyer collaboration By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 The keynote speaker at October's ISBA Solo and Small Firm Conference will tell participants how to thrive in a tough economy and changing practice landscape.
Voir Dire in Criminal Cases - Rule 431(b) Guidance for Lawyers and Judges By Geoffrey Burkhart February 2010 Article, Page 86 A supreme court rule requires judges to ask potential jurors whether they understand and accept four fundamental principles of criminal law. But following the rule is easier said than done.
Web Auction Sales and Long-Arm Jurisdiction By Professor Jeffrey A. Parness September 2010 Column, Page 486 A court rules that an Illinois eBay buyer could not hale a California seller into court in Illinois.
What’s New at Illinois.gov? By Tom Gaylord November 2010 Column, Page 592 The recently redesigned Illinois state homepage is an improvement over its predecessor.
What’s the Deadline for Removal to Federal Court in Multiple-Defendant Cases? By Kurt D. Hadley October 2010 Article, Page 534 Assume a state-court case with multiple defendants who are served at different times - how do you calculate the deadline for removing it to federal court? Here's a look.
When Property Becomes Income in Post-Judgment Divorce Litigation By Reuben A. Bernick June 2010 Article, Page 310 Are the assets your client got in divorce really "free and clear of all claims" by the ex-spouse? If they're retirement benefits and the claims are for child support, probably not.
Will You Be My (Facebook) Friend? By Karen Erger April 2010 Column, Page 210 Those pesky ethics rules follow lawyers everywhere, even onto social-media pages.
Yes, “nice” can work for you By Helen W. Gunnarsson June 2010 Lawpulse, Page 286 An ISBA lawyer makes the case that niceness can pay professional dividends.
You Kids Are Alright: A GenY Guide to the (ahem) Older Lawyer By Karen Erger October 2010 Column, Page 538 What makes the oldsters tick? Here's a handy guide.