Publications

Illinois Bar Journal
Articles From 2013

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Electric utility environmental disclosures may now be made electronically or through the mail. PA 097-1092 January 2013 Illinois Law Update, Page 16 The General Assembly has amended the Public Utilities Act to alter the environmental disclosure delivery requirements.
Electronic communications made through city council members’ personal devices during public meetings are subject to FOIA October 2013 Illinois Law Update, Page 504 On July 16, 2013, the Fourth District Appellate Court upheld a binding opinion issued by the Illinois Attorney General that found text messages and emails sent or received from city council members' personal devices during public meetings were public records subject to disclosure under the Illinois Freedom of Information Act ("FOIA"). 5 ILCS 140 et seq. (2010).
Electronic filing continues to expand in Cook County By Adam W. Lasker October 2013 Lawpulse, Page 498 Five court divisions and nearly 16,000 registrants are participants in the Cook County Circuit Court's e-filing program.
Electronic insurance cards now accepted November 2013 Illinois Law Update, Page 560 The Illinois Vehicle Code has been amended to allow for the electronic display of insurance information for the proof of insurance that is required to be carried in the vehicle. 625 ILCS 5/7-602.
Electronic Medical Records: Metadata As Evidence in Litigation By James G. Meyer, Jonathan P. Tomes, and Lee Neubecker August 2013 Article, Page 422 Unlike paper files, electronic medical records contain autogenerated metadata that can make or break a case. Here's what to look for.
Emergency Procedures for Malpractice Survival By Karen Erger December 2013 Column, Page 644 Prepare for the unlikely event of malpractice - alleged or real.
Employee or Independent Contractor? By Mark S. Mathewson August 2013 Column, Page 429 An ISBA CLE program helps general practitioners distinguish the two.
Employers and Concealed Carry; Mortgage Scams October 2013 Column, Page 535 It's time for employers to start designing workplace rules to accommodate concealed carry.
Employers and Immigration Law: Be Careful Who You Hire - and Who You Don’t By Douglas A. Hass July 2013 Article, Page 360 Employers are barred from hiring people not legally authorized to work in the U.S. They're also forbidden from discriminating against noncitizens. Here's how they can avoid the squeeze.
Employers barred from requesting social media passwords. PA 097-0875 May 2013 Illinois Law Update, Page 228 Illinois employers are now prohibited from requesting or requiring password or account information or demanding access to employees' or prospective employees' social networking profiles. 820 ILCS 55/10.
Encouraging collaboration between farmers’ markets and convention centers. PA 097-1015 July 2013 Illinois Law Update, Page 336 The Illinois General Assembly passed a resolution effective this year to encourage collaboration between farmers' markets and convention centers.
Enforcing night speed limits on the Fox Chain O’Lakes October 2013 Illinois Law Update, Page 504 Effective July 5, 2013, the Illinois Department of Natural Resources adopted an amendment which allows Conservation Police Officers and local law enforcement officers to enforce the night speed limits designated by the Fox Waterway Agency on the Fox Chain O'Lakes. 17 Ill. Adm. Code 2030.30(g)(2).
Enhanced remedies for victims of autodialers December 2013 Illinois Law Update, Page 612 Residential telephone subscribers who receive a call from an autodialer in violation of the Automatic Telephone Dialers Act, which includes receiving such a call between the hours of 9 p.m. and 9 a.m., will now be able to bring an action for statutory damages.
Environmental Law Resources for Illinois Attorneys By Tom Gaylord May 2013 Column, Page 260 There's a plenty of free, online primary environmental law.
Estate Planning for Clients Who Don’t By Regina Rathnau March 2013 Article, Page 138 Even when clients resist comprehensive estate planning you can help them better prepare for the inevitable.
Ethics and Email Discussion Groups By Christina J. Oleson September 2013 Article, Page 464 Email discussion groups let you get quick answers from fellow lawyers, but they pose ethical pitfalls. Here's how to avoid trouble.
Ethics and the Unsolicited Email By Charles J. Northrup July 2013 Column, Page 370 You don't have to respond to unsolicited email, but there's a right way if you do.
The Ethics of Lost Laptops, Cloud Computing By Mark S. Mathewson November 2013 Column, Page 588 What duty do you have to clients if your laptop is stolen?
Ethics opinion: Non-Illinois lawyers may practice immigration law in state By Adam W. Lasker December 2013 Lawpulse, Page 606 New ISBA ethics opinions say non-Illinois lawyers can practice immigration law in the state, a lawyer can't be a municipality's prosecutor and hearing officer at the same time, and more.
Every lawyer’s guide to Illinois banking law. By Chad Montgomery and Ranti Oseni September 2013 Column, Page 484 Does a bank owe a fiduciary duty to depositors? Do usury laws put a cap on the interest rates banks can charge? Learn the often surprising answers to these and other banking-law questions.
Facebook: What Family Lawyers Should Know By Adam C. Kibort July 2013 Article, Page 344 A look at Facebook-related issues that arise during divorce and suggestions for advising your clients.
Failure to report the death or disappearance of a child under 13 years of age. PA 097-1079 June 2013 Illinois Law Update, Page 284 Illinois lawmakers have amended the Criminal Code of 1961 by adding the offense of "Failure to report the death or disappearance of a child under 13 years of age." 720 ILCS 5/10-10 new.
Family members no longer exempt from prosecution for aiding fugitive. PA 097-0741 July 2013 Illinois Law Update, Page 336 Any individual over the age of 18 is now guilty of a Class 4 felony if he or she actively "aids or assists" a criminal offender in escaping a jurisdiction in which the offender "is to be arrested, charged, or prosecuted."
Fastcase and HeinOnline Team Up By Tom Gaylord September 2013 Column, Page 482 HeinOnline and Fastcase subscribers now have access to each other's data.
Federal law impliedly allows Illinois courts to remove federal bans on firearm possession resulting from state convictions December 2013 Illinois Law Update, Page 612 On September 12, 2013, the Illinois Supreme Court held that Illinois courts can remove federally imposed firearm bans for persons with state convictions by following the procedures in the Illinois Firearm Owners Identification Card Act ("FOID Card Act"), 430 ILCS 65/10(c).
Fighting UPL after Downtown Disposal By Kimberly Glasford November 2013 Article, Page 574 Downtown Disposal held that a layman's UPL on behalf of a corporation does not automatically void the proceedings. But the author argues that lawyers still have many UPL-fighting tools.
Forcing Lenders to Comply with the Home Affordable Modification Program By Andrew J. Hawes June 2013 Article, Page 308 The seventh circuit rules that borrowers can sue lenders for state law breach of contract and other claims related to a trial period plan payment agreement.
The Fourth Year Law Student By Karen Erger April 2013 Column, Page 208 You survived law school - now your legal education really begins.
Fracking Comes to Illinois By Leonard S. Kurfirst and Colin P. O’Donovan August 2013 Article, Page 404 What exactly is fracking? How big an impact might it have in Illinois? This article reviews the process and the new state law.
FREE CLE from ISBA By Janan Hanna July 2013 Article, Page 340 ISBA members can earn up to 15 MCLE credit hours per year at their computers and mobile devices. Here's how it works.