Publications

Illinois Bar Journal
Articles From 2012

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Curbing abuse of arrest warrants for debtors By Helen W. Gunnarsson February 2012 Lawpulse, Page 70 The attorney general's office and a circuit court judge describe steps they're taking to help prevent debtors from being unfairly jailed for failure to pay.
The Dangers of Litigating in the Media By Richard L. Miller II January 2012 Article, Page 42 A look at the risks your client takes by publicly discussing an ongoing case and why doing so is usually a bad idea.
The DCFS youth scholarship recipient pool has been expanded. PA 097-0799 September 2012 Illinois Law Update, Page 464 The youth to whom the Department of Children and Family Services may award its available scholarship and fee waivers has been expanded.
Debate continues over controversial mechanics lien bill By Adam W. Lasker November 2012 Lawpulse, Page 574 An attempt to legislatively overturn a recent supreme court ruling is pitting developers against bankers over whose claims have priority in foreclosure sales.
Defendant’s prior conviction for domestic battery admissible at murder trial By Adam W. Lasker May 2012 Lawpulse, Page 234 In People v. Chapman, the supreme court upheld admission into evidence of the defendant's earlier conviction for domestic battery of the woman he was accused of murdering.
Defending Your Principals: Suing Agents Under the Revised Illinois Power of Attorney Act By Ray J. Koenig and MacKenzie A. Hyde October 2012 Article, Page 548 Suits against POA agents for breach of fiduciary duty and other claims are growing more common. Here's an in-depth review.
Definition of “service organization” includes safety inspectors August 2012 Illinois Law Update, Page 404 On May 18, 2012, the first district of the Illinois Appellate Court clarified the meaning of a "service organization" as defined in section 5(a) of the Workers' Compensation Act's ("Act") exclusive remedy provision (820 ILCS 305/5(a)).
The Discontented Lawyer: A Call for a New Professionalism By Cheryl Niro November 2012 Article, Page 604 Research indicates that much of our lawyerly unhappiness is wired into us. But that doesn't mean we should give up on greater professional and personal satisfaction.
Do Supreme Court Matrimonial Interrogatories Call for Legal Conclusions? By Joseph Gitlin July 2012 Column, Page 384 How can we expect lay people to know what is and isn't "marital" and "nonmarital" property?
The Dodd-Frank Act’s Impact on Consumer Litigation By Donna M. Goelz and Timothy J. Howard February 2012 Article, Page 100 Dodd-Frank is the most comprehensive overhaul of the financial services industry in recent history. Here's what it means for businesses and consumer finance litigators.
Drivers may not use cell phones within 500 feet of an emergency scene. PA 097-0828 October 2012 Illinois Law Update, Page 520 Illinois lawmakers have amended section 12-610.1 of the Illinois Vehicle Code to prohibit anyone, at anytime, regardless of age, from using a wireless telephone while operating a motor vehicle within 500 feet of an emergency scene (625 ILCS 5/12).
Dynasty Trusts for Everyone By Mary D. Cascino August 2012 Column, Page 440 Dynasty trusts give even those of ordinary means a way to minimize estate taxes prospectively.
E-filing debuts at the supreme court By Adam W. Lasker March 2012 Lawpulse, Page 126 The AG and appellate defender and prosecutor may now file documents electronically with the supreme court in an early step toward modernizing judicial-system technology.
Electric vehicle car sharing grants December 2012 Illinois Law Update, Page 632 The recently amended Alternative Fuels Program ("AFP"), executing and as authorized by Sections 15 and 30 of the Alternate Fuels Act [415 ILCS 120/15 and 30], governs procedures for applying for alternate fuel vehicle rebates and electric vehicle car sharing grants. 35 Ill. Admin. Code 275.
Emergency Medical Services Access Law grants immunity from prosecution to those who experience or report drug overdoses. PA 097-0678 April 2012 Illinois Law Update, Page 184 Illinois lawmakers have amended the Illinois Controlled Substances Act (720 ILCS 570/414 new), the Methamphetamine Control and Community Protection Act (720 ILCS 646/115 new), and the Unified Code of Corrections (730 ILCS 5/5-5-3.1) in an effort to decrease drug-overdose deaths.
Eminent Domain: A New Valuation Timetable By James M. Wagner and Patrick J. Kelly September 2012 Article, Page 486 A recent case holds that compensation must reflect the value of the property when the payment is made, not earlier when the condemnation complaint was filed.
Employee must have opportunity to contest student loan obligation prior to garnishment. PA 097-0950 November 2012 Illinois Law Update, Page 580 The Higher Education Student Assistance Act (110 ILCS 947/80l-5) now requires the Illinois Student Assistance Commission to give a debtor employee notice before garnishing any of the following: a) salary, b) wages, c) commission, or d) bonuses.
Employer may not offset workers’ compensation award with credit April 2012 Illinois Law Update, Page 184 An employer may not offset a benefits award with an excess credit under § 19(g) of the Illinois Workers' Compensation Act, according to a February 2, 2012 Illinois Appellate Court ruling.
Employment and Labor Law Resources for Illinois Attorneys By Tom Gaylord July 2012 Column, Page 382 Illinois-specific resources for labor and employment lawyers.
Employment covenants not to compete: the high court lays down the law By Helen W. Gunnarsson January 2012 Lawpulse, Page 10 Rumors of the death of the legitimate-business-interest test as a measure for determining the legitimacy of restrictive covenants were greatly exaggerated, the supreme court says.
Enforcing Non-Compete Clauses in Illinois after Reliable Fire By Kelly M. Greco, David J. Fish, and Shannon Barnaby April 2012 Article, Page 196 A look at enforcing restrictive covenants in the wake of the Illinois Supreme Court's Reliable Fire ruling, complete with practice tips for lawyers on both sides of a non-compete case.
Estate Planning for 2012: Looming Lower Gift Tax Exclusion Limits By David A. Berek February 2012 Column, Page 110 Encourage wealthy clients to give tax-avoiding gifts now.
Ethics Hotspots in Client Relations By Bonnie Booth May 2012 Article, Page 244 Returning phone calls, carefully defining your scope of representation - such client-friendly behavior isn't just good business practice, it can keep the ARDC from your door.
Ethics Puzzlers: Facebook, Fees, and More By Peter L. Rotskoff and Melinda J. Bentley February 2012 Article, Page 84 What if opposing counsel wins a continuance to go to a funeral but takes an island vacation instead (and posts photos on Facebook)? Ethics authorities explore these and other hypotheticals.
Ex-husband lacks standing to sue for custody of former wife’s adopted child April 2012 Illinois Law Update, Page 184 A person lacks standing to sue for custody when he is neither the biological parent nor the legal adopted parent of the child so long as the child is found in the custody of a legally recognized parent or guardian who is acting in the best interests of the child.
Exhaustion of Administrative Remedies in Property Tax Assessment Appeals after Millennium Park By Antonio Senagore August 2012 Article, Page 434 The Illinois Supreme Court recently held that a taxpayer could skip the administrative appeal process and challenge a property tax assessment directly in circuit court.
Failure to pursue rulings on pre-trial motions can be ineffective assistance of counsel By Adam W. Lasker May 2012 Lawpulse, Page 234 A new supreme court criminal case underscores the importance of challenging - and if necessary, appealing - a judge's failure to rule on pre-trial evidentiary motions.
Family Law Practice-Management Tips By H. Joseph Gitlin January 2012 Column, Page 50 A veteran family lawyer offers rules for practice success.
Federal Administrative Law, Part 3: Agency Adjudications By Tom Gaylord March 2012 Column, Page 160 Federal agency adjudicatory decisions used to be hard to find, but now most are on the web.
Federal court: illegal alien’s recovery limited to foreign earning potential By Adam W. Lasker December 2012 Lawpulse, Page 626 An undocumented alien can sue his former employer, but his recovery for future earnings is limited to what he could make outside of the U.S., an Illinois-based federal court ruled.