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Illinois Bar Journal
Articles From 2012

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Shareholder Drag-Along Rights in Illinois By Markus May June 2012 Article, Page 320 Drag-along rights let majority shareholders force others to sell at the same price and on the same terms, making the shares more valuable. The author argues they should be enforceable in Illinois and offers a checklist for drafting drag-along provisions.
A Short Guide to Using Cross-Examination to Impeach Experts By Hon. James M. Varga September 2012 Article, Page 492 A look at some of the dos, don'ts, and special rules that apply to impeaching expert witnesses by way of cross-examination.
Should Illinois Have A Statutory Business Trust Act? By Asalya Akhmerova and William Price March 2012 Column, Page 164 Thirty-two states have some form of business trust statute. Illinois does not. Should it?
Six Common Criminal-Trial Errors and How to Avoid Them By Rob Shumaker April 2012 Article, Page 212 An appellate clerk points out six common errors that send criminal cases to the next level and suggests ways to avoid them.
Slow Your Practice Down - Live Better and Longer By H. Joseph Gitlin April 2012 Column, Page 218 How a veteran lawyer balances happiness with financial success.
The Small Business Development Grant Fund created. PA 097-0406 January 2012 Illinois Law Update, Page 16 Illinois lawmakers have amended the State Fund Act to establish the Small Business Development Grant Fund as a special fund in the state treasury. 30 ILCS 105/6z-87 new.
So I’m an ISBA Member, Now What? By John G. Locallo April 2012 Column, Page 176 Are we doing all we can to give young lawyers value for their dues?
Social Host Liability for Underage Drinking: The “Voluntary Undertaking” Theory after Bell v Hutsell By Martin A. Dolan and Karen Muñoz March 2012 Article, Page 140 It's hard to sue a hands-off social host in Illinois who merely allows underage drinking. But if he or she voluntarily undertakes to prevent it, it might be a different story.
‘Sovereign’ Immunity By Michelle Nijm December 2012 Column, Page 664 A new law helps stop frivolous UCC filings by self-styled "sovereign citizens."
Special custody and visitation provisions for parents in the Armed Forces. PA 097-0659 March 2012 Illinois Law Update, Page 132 Illinois lawmakers have amended the Illinois Marriage and Dissolution of Marriage Act to provide new allowances for members of the United States Armed Forces (750 ILCS 5/603, 606, 607, and 610).
Staff editors of the IBJ December 2012 Column, Page 661 From the archives.
Standards and limitations for organic material emissions for area sources August 2012 Illinois Law Update, Page 404 The Illinois Pollution Control Board ("the Board") recently adopted amendments and introduced a new section to the regulations governing standards and limitations for organic material emissions for area sources. 35 Ill. Adm. Code 223.
State law prohibits possession and sale of caustic and noxious substances. PA 097-0565 May 2012 Illinois Law Update, Page 240 Illinois lawmakers have amended the Criminal Code of 1961 to ban persons from knowingly possessing any caustic and noxious substances regulated by Title 16 CFR section 1500.129 of the Federal Caustic Poison Act. (720 ILCS 5/12-37 new.)
Statute of limitations applied despite failure to discover forgery within the time limit November 2012 Illinois Law Update, Page 580 On September 5, 2012, the fifth district appellate court held that the three-year statute of limitations in section 3-118(g) of the Uniform Commercial Code ("UCC") should be applied to actions for conversion of negotiable instruments even in situations where plaintiffs are not reasonably able to discover the loss within the time limit. 810 ILCS 5/3-118(g) (West 2010).
Support Awards for Adult Disabled Children in Illinois By Jennifer Wood, Kathleen Roseborough, and Molshree Sharma December 2012 Article, Page 656 A look at the factors that affect support awards under 750 ILCS 5/513, along with national trends in this area.
The Supreme Court Mortgage Foreclosure Committee Recommendations By Steven B. Bashaw July 2012 Column, Page 380 The recommendations aim to improve the foreclosure process.
Supreme court: decedent can’t use spendthrift trust to back out on gift By Adam W. Lasker November 2012 Lawpulse, Page 574 The ruling barred a decedent from using a spendthrift trust to effectively revoke his irrevocable gift to Rush Medical Center. Leading ISBA lawyers think it's time for the legislature to clarify Illinois trust laws.
Supreme court: ’reasonable suspicion’ enough for traffic stop By Adam W. Lasker October 2012 Lawpulse, Page 514 "Reasonable suspicion," not the more exacting "probable cause," is threshold requirement for an investigatory traffic stop, the Illinois Supreme Court held in a recent DUI ruling.
Taking Your Practice to the Cloud By Maria Kantzavelos April 2012 Article, Page 188 Wouldn't it be great to access case files from your laptop or store essential documents where no disaster can reach them? You can, and here's how.
Telephone scammers threaten consumers using names of Illinois law firms By Adam W. Lasker August 2012 Lawpulse, Page 398 Scammers claiming to be Illinois lawyers called people around the country this summer demanding immediate payment of bogus debts and threatening them with arrest.
Term extensions to temporary guardianship for disabled adults. PA 097-0614 July 2012 Illinois Law Update, Page 352 An amendment has been made to the Probate Act to allow for the extension of temporary guardianship for disabled adults (755 ILCS 5/11a-4).
Three bills would modernize the Trusts and Trustees Act By Adam W. Lasker May 2012 Lawpulse, Page 234 Among other changes, the legislation would make nonjudicial trust modifications easier and limit the risk of liability for fiduciaries who handle specific trust-related tasks.
Three Title Insurance Traps for Real Estate Lawyers By Michael J. Rooney March 2012 Article, Page 146 Closing protection letters, the Form DS-1 disclosure, and key 2010 revisions to the Rules of Professional Conduct are potential pitfalls for real estate lawyers.
Through the “Meeting Legal Needs” Lens By Maria Kantzavelos July 2012 Article, Page 356 Among other projects, ISBA President John E. Thies will promote adequate funding of and public trust in Illinois courts and examine the law-student debt crisis. Here's a look at the year ahead.
Tips for Authenticating Social Media Evidence By Nicholas O. McCann September 2012 Article, Page 482 Illinois practitioners should prepare to meet strict authentication requirements until clear rules are established. Here's a look at the cases and advice about how to proceed.
Tort liability for school districts that hide former teachers’ sexual harassment By Adam W. Lasker October 2012 Lawpulse, Page 514 The Illinois Supreme Court ruled that a school district breaches its duty of care when it gives false information to another district about a teacher's sexual misconduct.
A trio of laws to curb texting, phoning behind the wheel By Adam W. Lasker October 2012 Lawpulse, Page 514 The legislature forgoes a full ban on cell use by drivers in favor of a targeted approach that bans hand-held communications in construction zones, emergency scenes, and other places.
Trusts & Trustees Act Modernized: Decanting and Directed Trusts By Mary D. Cascino, Lyman W. Welch, and Susan T. Bart November 2012 Article, Page 596 Effective January 1, the Act gives estate planners two powerful new tools. Find out what they can do for your clients.
The Two Faces of Contract Ambiguity Claims By Jack Leyhane May 2012 Article, Page 264 You could argue that a contract provision is ambiguous because it has more than one meaning. Or you could argue that it doesn't have any clear meaning. The article looks at both approaches.
Uncounseled misdemeanor convictions can trigger felony DUI sentences By Adam W. Lasker July 2012 Lawpulse, Page 346 The Illinois Supreme Court ruled that prior misdemeanor DUI convictions – even if the defendant was unrepresented – can be used to bump a later DUI charge to a felony.