2014 Articles

Helping Employers Avoid Harassment and Retaliation Claims

By Daniel Myerson
April
2014
Article
, Page 188
A clear chain of command and well-drafted anti-harassment policies can help employers ward off retaliation and hostile work environment claims.

High court: ‘sole insured’ can’t be excluded from vehicle liability coverage

By Janan Hanna
February
2014
LawPulse
, Page 62
The Illinois Supreme Court ruled recently that it violates public policy for an auto insurer to exclude from coverage the owner of the vehicle who is also the only named insured.

Holiday Greetings

By Richard D. Felice
December
2014
Column
, Page 564
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Home-care service record-keeping requirements

May
2014
Illinois Law Update
, Page 220
The Department on Aging now mandates that all in-home service providers maintain electronic visit verification records to confirm the work of all home-care aids. 89 Ill. Adm. Code 240 (eff. Feb. 21, 2014).

Human trafficking victims can assert tattoo removal cost losses

July
2014
Illinois Law Update
, Page 320
Under the Victim Compensation Tattoo Removal Act, the definition of "pecuniary loss" now includes the costs incurred in hiring a licensed professional to remove a trafficking tattoo.

Hunting licenses for adolescents

June
2014
Illinois Law Update
, Page 272
The Illinois Wildlife Code has been amended to authorize Illinois residents that are 16 years of age or under to acquire a Youth Hunting License.

IBF, law schools team up to fund public-interest jobs for new grads

By Janan Hanna
February
2014
LawPulse
, Page 62
The Illinois Bar Foundation will share costs with three Illinois law schools of hiring a recent graduate to work in each school's legal aid clinic.

IEPA to consider issuing beneficial use determinations for asphalt shingle recycling

May
2014
Illinois Law Update
, Page 220
The Illinois Environmental Protection Agency (IEPA) may make determinations that materials normally required to be managed as waste be managed as non-waste if the material will be used beneficially and "in a manner that is protective of human health and the environment."

If: The Ethical Obligations of Subordinate Lawyers

By Karen Erger
October
2014
Column
, Page 502
Subordinate lawyers have to exercise independent judgment, even if it means standing up to a supervising lawyer.
1 comment (Most recent October 9, 2014)

Illegal wildlife possession

May
2014
Illinois Law Update
, Page 220
The Wildlife Code has also been amended to prohibit the possession of any species, or parts thereof, taken illegally in Illinois, or any other location, regardless of whether the species is indigenous to Illinois.

Illinois Supreme Court strikes down regulations on the situs for local sales taxes

February
2014
Illinois Law Update
, Page 68
On November 21, 2013, the Illinois Supreme Court held that certain Illinois Department of Revenue ("DOR") regulations setting situs for tax liability under retail occupation taxes ("ROTs") where purchase orders are accepted were invalid.

Illinois Vehicle Code relaxes proof of registration requirements

November
2014
Illinois Law Update
, Page 524
Under the Illinois Vehicle Code, the general rule is that no person is permitted to operate a vehicle on any Illinois highway if he or she does not demonstrate proper evidence of registration.

I’m a GAL – How Do I Get My Fee?

March
2014
Column
, Page 150
ISBA lawyers offer advice about what to do when parents can't or won't pay your fees for serving as guardian ad litem of a child.

Implicit Bias in the Courts

By Justice Michael B. Hyman
January
2014
Article
, Page 40
Implicit bias and stereotypes can affect the fairness of legal proceedings. It's important for lawyers and judges to examine unconscious attitudes and their hidden dangers.

Increased fees for plumber licensure

December
2014
Illinois Law Update
, Page 572
The Department of Public Health has adopted amendments to the Plumbers Licensing Code in accordance with recommended changes from the Plumbing Code Advisory Council. 68 Ill. Adm. Code 750 (eff. Sept. 23, 2014).

Increased issuance of water supply construction permits

September
2014
Illinois Law Update
, Page 424
According to the EPA's adopted amendment, the agency will issue public water supply construction permits despite an applicant's previous violations of the Illinois Environmental Protection Act. 35 Ill. Adm. Code 652 (eff. June 30, 2014).

Increased oversight for medical therapy and imaging services

August
2014
Illinois Law Update
, Page 372
New quality assurance and oversight standards for computed tomography ("CT"), radiation therapy, electronic brachytherapy, and digital imaging went into effect on May 29, 2014. 32 Ill. Adm. Code 360.

The incredible, unciteable Rule 23 order

By Matthew Hector
October
2014
LawPulse
, Page 466
Lawyers can cite magazine articles like the one you're reading in their pleadings and briefs - why can't they cite Rule 23 orders?
1 comment (Most recent September 25, 2014)

Injured workers may have more options for recovering damages

September
2014
Illinois Law Update
, Page 424
The Workers' Compensation Act is amended to alter the circumstances under which an injured employee may seek damages from a service organization associated with the employer, his insurer, or his broker.

IRS removes tax break for some employer health-care reimbursement schemes

By Janan Hanna
February
2014
LawPulse
, Page 62
In years past, employers who don't offer medical plans to employees got a tax advantage for reimbursing some of their medical expenses. The IRS has greatly restricted that tax break.

Is Discharging Student Loan Debt in Bankruptcy Getting Easier?

By Paul B. Porvaznik
November
2014
Article
, Page 540
The "undue hardship" standard for discharging student loan debt is hard to meet. But cases from across the country suggest the tide may be turning in favor of a more relaxed, fact-specific test.

ISBA dramatically expands free CLE program choices for members

By Adam W. Lasker
January
2014
LawPulse
, Page 10
Beginning in 2014, ISBA's entire online CLE catalog will be available to members at no charge, expanding the freely available programming from 35 to 550 hours.
1 comment (Most recent December 31, 2013)

ISBA ethics opinion: lawyers may advise clients on medical marijuana

By Matthew Hector
December
2014
LawPulse
, Page 566
A new ISBA advisory opinion says that lawyers can advise clients in the medical marijuana business and counsel local governments about zoning for cultivation centers and dispensaries.

ISBA Governance: Is it Time for Change?

By Vincent F. Cornelius, Celia Gamrath, & Tim Chorvat
November
2014
Article
, Page 536
Are the ISBA's 27-member Board of Governors and 203-member Assembly too large for today's association environment? ISBA governance is under review.
1 comment (Most recent December 4, 2014)

ISBA’s Solo & Small Firm Practice Institute

By Richard D. Felice
September
2014
Column
, Page 416
Great practice-oriented programming is coming to a venue near you.

Join the ISBA President’s Club

By Richard D. Felice
November
2014
Column
, Page 516
Join the President's Club - and the elite Founders Circle - and help the ISBA do even more.
1 comment (Most recent December 9, 2014)

Judicial Independence: Two Westerns and a Promise

By Hon. Ron Spears
February
2014
Column
, Page 98
Sometimes judges have to make a lonely stand against the majority.

Juries in the Age of Voir Google

By Hon. Ron Spears
August
2014
Column
, Page 402
Lawyers are using Internet to research prospective jurors.

Jury demand in original complaint transfers to third-party claims assigned to the original plaintiff

November
2014
Illinois Law Update
, Page 524
On August 18, 2014, the Second District Appellate Court of Illinois held that a plaintiff's original jury demand covered a third-party claim against an insurer that had been assigned to the plaintiff as part of a settlement agreement.

Just Say ‘Know’ to Dabbling

By Karen Erger
December
2014
Column
, Page 598
Saying "yes" to a case outside your competence is usually a mistake.