Publications

Illinois Bar Journal
Articles From 2011

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The New Chicago Condominium Conversion Ordinance By Joseph Fortunato July 2011 Column, Page 366 It protects renters whose apartments are being converted and buyers of the new condos.
New IOLTA requirements effective September 1 By Helen W. Gunnarsson September 2011 Lawpulse, Page 434 The amended rule forbids non-interest bearing pooled accounts, imposes new recordkeeping requirements, and obliges banks to report trust-account overdrafts.
New licenses for craft brewers. PA 097-0005 August 2011 Illinois Law Update, Page 388 Illinois lawmakers have amended The Liquor Control Act of 1934 to establish provisions for craft brewers. 235 ILCS 5/1-3.33.
New limits on FOIA "recurrent requesters" By Helen W. Gunnarsson September 2011 Lawpulse, Page 434 New legislation would give governmental entities more time to respond to those who make numerous FOIA requests. A look at that and some Open Meetings Act changes.
New regulations for real estate licensing June 2011 Illinois Law Update, Page 286 The Illinois Department of Financial and Professional Regulation recently repealed and replaced the majority of the Real Estate License Act of 2000 with an updated and reorganized version. 68 Ill Adm Code 1450.
New rules for hospital prevention of patient abuse and neglect, patient injury June 2011 Illinois Law Update, Page 286 The Department of Public Health recently amended regulations to prevent abuse and neglect of patients in hospitals as well as to establish new policies to prevent patient injury.
New rules for the Debt Settlement Consumer Protection Act July 2011 Illinois Law Update, Page 336 The Illinois Department of Financial and Professional Regulation ("department") recently enacted rulemaking in conjunction with the Debt Settlement Consumer Protection Act [Public Act 96-1420] ("act").
New scams target real estate lawyers By Helen W. Gunnarsson November 2011 Lawpulse, Page 550 Scammers are using smartphones and apps to steal home-sale proceeds.
New warning requirements for child-related articles and jewelry containing lead. PA 097-0612. November 2011 Illinois Law Update, Page 556 The Lead Poisoning Prevention Act has been amended to (i) narrow its definition of child care articles and toys containing paint, (ii) change the minimum statement required to appear on children's products, and (iii) define body piercing jewelry and worn jewelry covered by the Act (410 ILCS 45/6).
The New, Online-Only Illinois Reports By Tom Gaylord September 2011 Column, Page 477 Now the supreme court publishes the official version of Illinois cases - here's what it means.
No common fund fee recovery for health care liens By Helen W. Gunnarsson May 2011 Lawpulse, Page 222 Bad news for plaintiffs’ lawyers – the common fund doctrine does not give them a share of health care liens, the Illinois Supreme Court ruled recently.
No Election Code violation from partisan nominating papers and non-partisan statement of candidacy May 2011 Illinois Law Update, Page 228 On March 10, 2011, the Appellate Court of Illinois, First District, reversed a decision of the Circuit Court of Cook County, finding no violation of the Election Code when a candidate files partisan nominating papers and a non-partisan statement of candidacy.
No evidentiary limitations to statements of a minor in a temporary custody hearing January 2011 Illinois Law Update, Page 16 On October 21, 2010, the Supreme Court of Illinois held that the evidentiary limitations of section 2-18(4)(c) of the Juvenile Court Act do not apply to the out-of-court statements of a minor in a temporary custody hearing, where such statements relate to allegations of abuse or neglect.
Nominate Yourself for an ISBA Committee or Section By John E. Thies December 2011 Column, Page 600 Our ISBA Family Invites You to Join an ISBA Committee or Section
Nominate Yourself for an ISBA Committee or Section By John G. Locallo January 2011 Column, Page 7 Nominate Yourself for an ISBA Committee or Section.
Non-U.S. Corporations: Do You Know One When You See It? By Stephen Proctor December 2011 Column, Page 638 Corporations are often treated differently than other businesses for jurisdictional purposes.
OK Computer By John G. Locallo October 2011 Column, Page 488 Technology is changing the world of lawyering. Can we keep pace?
Ordering motorist to turn on blowers for dog sniff does not violate fourth amendment June 2011 Illinois Law Update, Page 286 On March 24, 2011, the Supreme Court of Illinois held that, as a matter of apparent first impression nationwide, police officers' actions in ordering defendant to roll up her windows and turn the blowers on high before they conduct a dog sniff of the defendant's truck exterior did not constitute an unreasonable search under the fourth amendment.
Part of Illinois’s Identity Theft Law found unconstitutional By Helen W. Gunnarsson May 2011 Lawpulse, Page 222 The Illinois Supreme Court overturns a provision of Illinois’ identity theft statute, finding that it criminalizes innocent conduct (e.g., Google searching) performed without criminal intent.
Past child support payments began to bear interest in 1987 through amendment to IMDMA April 2011 Illinois Law Update, Page 180 On January 21, 2011, the Supreme Court of Illinois vacated and remanded a judgment of the Circuit Court of Cook County, holding that past child support payments began to bear mandatory interest in 1987 through amendments to the Marriage and Dissolution of Marriage Act. See 750 ILCS 5/505(d).
Patients' immunization records to be collected, analyzed and released by the Department of Public Health. PA 097-0117. September 2011 Illinois Law Update, Page 440 Illinois lawmakers have enacted the Immunization Data Registry Act, which will be implemented by the Department of Public Health.
Payments ensured for mental health, alcoholism and substance abuse treatment. PA 096-1472 March 2011 Illinois Law Update, Page 124 State lawmakers amended the Department of Human Services Act to ensure payments are received for services treating alcoholism, mental health, and substance abuse.
Peace officers no longer required to swear to complaints issued for misdemeanors. PA 096-1206 April 2011 Illinois Law Update, Page 180 Peace officers no longer are required to swear to complaints issued for misdemeanors, under recent amendments to the Code of Criminal Procedure of 1963. (725 ILCS 5/111-3).
A person who asks a third party to stalk a victim is guilty for the act. PA 097-0311 October 2011 Illinois Law Update, Page 496 The Illinois Criminal Code has been amended to place accountability on a person who directs a third party to stalk another person. (720 ILCS 5/12-7.3, 12-7.4, 12-7.5, and 12-30).
Personal jurisdiction found over out-of-state corporation in retaliatory discharge case January 2011 Illinois Law Update, Page 16 On November 5, 2010, the Appellate Court of Illinois, Fourth District, reversed and remanded a decision of the Circuit Court of Champaign County, finding personal jurisdiction over a California corporation in a retaliatory discharge case.
Personal service on father insufficient for jurisdiction to modify foreign child support order February 2011 Illinois Law Update, Page 72 On November 16, 2010, the Appellate Court of Illinois, First District, held that personal service on a parent is not sufficient to establish jurisdiction under the Uniform Interstate Family Support Act for modification of a foreign child support order.
Plan for administering your digital estate By Helen W. Gunnarsson February 2011 Lawpulse, Page 66 If you don't write your passwords down somewhere, what will happen to your digital world after you die?
Planning for a Civil Life By Katarinna McBride August 2011 Column, Page 421 Illinois' civil union law presents opportunities and challenges to those who advise same-sex couples.
Planning to Succeed By Helen W. Gunnarsson November 2011 Article, Page 560 How many lawyers have a strategic plan, complete with a mission, goals, action points, and a system for measuring success? Here's why you should be one of them.
Post-Pueblo: Liability During Administrative Dissolution By Owen R. Burgh and Terrence J. McConville September 2011 Column, Page 476 LLC members and managers are protected from personal liability even after the LLC is involuntarily dissolved. Here's a call for change.