2023 Articles

Bereavement leave expanded for employees to other family members, cases of miscarriage, and more

January
2023
Illinois Law Update
, Page 14
The Child Bereavement Leave Act has been renamed the Family Bereavement Leave Act. The Act has been expanded to allow for unpaid bereavement leave for employees in the case of the death of an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

The Best and Worst of Times

By Charles J. Northrup
July
2023
Column
, Page 46
A tale of two ABA ethics opinions.

A Big Shift

By Amelia Buragas
March
2023
LawPulse
, Page 16
The Administrative Office of the Illinois Courts announces plans for collecting and disseminating real-time court data.

Biometric Information Privacy Act claims accrue per scan or transmission of biometric information

May
2023
Illinois Law Update
, Page 14
On Feb. 27, 2023, the Illinois Supreme Court held that a separate claim accrues under the Biometric Information Privacy Act (BIPA) for each scan or transmission of an individual’s biometric information.

Boon or Bust

By Ed Finkel
August
2023
Cover Story
, Page 18
Generative artificial intelligence holds much promise for lawyers, but hazards are everywhere. Proceed with caution.

Bringing in the Experts

By Hon. James M. Varga
April
2023
Article
, Page 30
A trial judge offers an “authoritative text” on the admissibility of expert testimony at trial.

Busting the Myth About Corporate Trustee Fees

By Jay E. Harker
September
2023
Article
, Page 34
Clients should not dismiss using corporate trustees in order to avoid expenses.

Can Lawyers Be Happy?

By Nora Riva Bergman & Chelsy A. Castro
April
2023
Article
, Page 38
Happiness, like the law, is a practice. It is something we can cultivate—little by little and bit by bit—every day.

Cannabis, Cars, and Probable Cause

By Michael Podgurski
February
2023
Article
, Page 30
How the legalization of cannabis has changed the nature of warrantless vehicle searches based on the odor of cannabis.

Cash Out

By Amelia Buragas
September
2023
LawPulse
, Page 10
Illinois attorneys begin preparing for the end of cash bail.

Casino owners now have affirmative duty to prevent ineligible persons from gambling

September
2023
Illinois Law Update
, Page 16
The Illinois Gaming Board amended the Part titled Riverboat and Casino Gambling. The rulemaking places an affirmative duty on owner licensees to prevent individuals who are ineligible to place wagers, such as those who are underage, from accessing the gaming floor.

Certain accident and health insurance policies may no longer impose copays upon coverage for naloxone hydrochloride

July
2023
Illinois Law Update
, Page 16
The Illinois General Assembly amended the portion of the Illinois Insurance Code regarding coverage for naloxone hydrochloride (Narcan), a drug used to rapidly reverse opioid overdoses. Accident and health insurance policies for groups and individuals that provide coverage for naloxone hydrochloride and are delivered, amended, issued, or renewed after Jan. 1, 2024, will be prohibited from imposing copays.

Certain gang database evidence not admissible 

November
2023
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Code of Criminal Procedure of 1963. In criminal cases, evidence is not admissible if it only indicates that a person was or is merely present on a gang database.

Certified driving abstract can be admitted in trial court, does not violate right to confrontation

October
2023
Illinois Law Update
, Page 14
On July 31, 2023, the First District of the Illinois Appellate Court held that when a certified driving abstract from the Office of the Secretary of State is admitted at trial it does not violate the defendant’s constitutional right to confrontation.

A Change at the ARDC

By Ed Finkel
December
2023
LawPulse
, Page 10
After 16 years leading the Illinois Attorney Registration and Disciplinary Commission, Jerry Larkin passes the baton to Lea Gutierrez.

Changes made to “clear and present danger” reporting and record-keeping requirements in connection with the Firearm Owner’s Identification Card Act

February
2023
Illinois Law Update
, Page 16
The Illinois State Police amended the Part titled Firearm Owner’s Identification (FOID) Card Act. The amendment allows for the retention and use of clear-and-present-danger reporting records for five years.

Chat Not

By Justice Michael B. Hyman
August
2023
Column
, Page 46
AI chatbots and legal writing.

A Checklist for Retirement Plan Sponsors

By Kurt Winiecki
July
2023
Article
, Page 38
Business owners who sponsor retirement plans like 401(k)s need help. Attorneys are in a perfect position to provide it.

Citation to discover assets served via registered mail entitled to lien priority over citation served via email

June
2023
Illinois Law Update
, Page 16
On March 23, 2023, the Illinois Supreme Court held that email service was not authorized for a citation to discover assets, and a competing citation served via registered mail had lien priority.

Coming Back to Court

By Pete Sherman
July
2023
LawPulse
, Page 12
Cook County Circuit Court’s Probate Division sparks strong feelings after returning to in-person hearings, but circuits throughout Illinois continue to search for a balance.

Continuing Excellence

By Ed Finkel
June
2023
Cover Story
, Page 20
Behind the scenes of the ISBA’s member-driven CLE programming.

Contracts: Avoiding Drafting Pitfalls

By Justice Michael B. Hyman
February
2023
Column
, Page 48
Good contracts should be in plain English and clear.

Contradictory evidence may support a criminal conviction; armed habitual criminal statute is constitutional

December
2023
Illinois Law Update
, Page 16
On Sept. 25, 2023, the First District of the Illinois Appellate Court held that contradictory evidence may support a criminal conviction and the armed habitual criminal statute is constitutional.

Convictions reversed where trial court did not suppress inculpatory statements made after invoking right to remain silent

July
2023
Illinois Law Update
, Page 16
On March 31, 2023, the First District of the Illinois Appellate Court held that a trial court erred for failing to suppress inculpatory statements made after a defendant invoked his right to remain silent.

Correspondence from Our Readers

June
2023
Column
, Page 8
Strong Contracts and Frozen Eggs

Council to report on policies affecting Indian Americans and immigrants

February
2023
Illinois Law Update
, Page 16
The Illinois General Assembly enacted the Illinois Indian American Advisory Council Act. The Act creates an Illinois Indian American Advisory Council to advise the governor and General Assembly on issues regarding Indian Americans and immigrants in Illinois.

Countless Opportunities

By Ryan P. Theriault
July
2023
Column
, Page 43
Supporting the Illinois Bar Foundation financially and with your time.

County is responsible for attorney fees under the Sexually Dangerous Persons Act despite Department of Correction’s guardianship over respondent

May
2023
Illinois Law Update
, Page 14
On Feb. 1, 2023, the Third District of the Illinois Appellate Court held that under the Sexually Dangerous Person’s Act (Act), attorney fees incurred from representation of a sexually dangerous person by court appointment are paid by the county where the proceeding was brought.

Court’s 90-day deadline to review postconviction petition begins from date petition is docketed

August
2023
Illinois Law Update
, Page 14
On May 24, 2023, the First District of the Illinois Appellate Court held that a postconviction petition was properly dismissed because it was ruled on within 90 days of docketing.

Court’s failure to comply with Illinois Supreme Court Rule 401 before allowing defendant to represent himself at trial is an invalid waiver of counsel under plain-error doctrine

March
2023
Illinois Law Update
, Page 20
On Dec. 19, 2022, the Second District of the Illinois Appellate Court held that a court’s failure to follow Illinois Supreme Court Rule 401(a)-(b) before allowing the defendant to proceed pro se at trial amounted to an invalid waiver of counsel.