2023 Articles

Proceeding Remotely

By Amelia Buragas
January
2023
LawPulse
, Page 10
Illinois Supreme Court adopts long-term policy for remote proceedings.

Process for appealing a denied, suspended, or revoked Firearm Owner’s Identification Card clarified

May
2023
Illinois Law Update
, Page 14
The Illinois State Police (ISP) amended the Part titled Firearm Owner’s Identification Card Act. The amendment clarifies the processes an individual must take to appeal a denied, suspended, or revoked Firearm Owner’s Identification (FOID) Card.

Professionals holding temporary out-of-state or temporary reinstatement permits in response to COVID-19 may continue practicing

August
2023
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Civil Administrative Code of Illinois. The amendment allows those professionals—including physicians, registered nurses, physical therapists, and other licensed professionals—who held temporary out-of-state permits and temporary reinstatement permits issued by the Department of Financial and Professional Regulation in response to COVID-19 to continue practicing if they submitted the proper applications by May 11, 2023.

Program established to help low-income property owners address lead hazards

June
2023
Illinois Law Update
, Page 16
The Department of Public Health adopted the CLEAR-Win Program Code, implementing the Comprehensive Lead Education, Reduction and Window Replacement Program Act (CLEAR-Win) to assist property owners in reducing the lead hazards in single-family homes and rental properties.

A public place of accommodation or amusement does not extend to the curtilage of an apartment to enhance a simple battery to an aggravated battery

June
2023
Illinois Law Update
, Page 16
On March 23, 2023, the Illinois Supreme Court held that the curtilage of the home is not a “public place of accommodation” under section 12-3.05(c) of the Criminal Code to enhance a simple battery offense to aggravated battery.

Quick, Cheap, Consensual

By Devan de los Reyes
March
2023
Article
, Page 30
Navigating Subchapter V of Chapter 11 of the Bankruptcy Code, a new reorganizational scheme that streamlines the bankruptcy process for small businesses.

Racism, Change, and Me

By Rory T. Weiler
February
2023
Column
, Page 8
What it means to be a part of the conversation on race in America.
1 comment (Most recent February 2, 2023)

Ready for Paid Leave?

By Amelia Buragas
May
2023
LawPulse
, Page 10
Paid leave and retirement-planning laws affecting small businesses.

Ready to Lead?

By Sonni Williams
December
2023
Column
, Page 9
Nominate yourself for an ISBA committee or section council.

Ready to Lead?

By Sonni Williams
November
2023
Column
, Page 10
Nominate yourself for an ISBA committee or section council.

Ready to Lead?

By Sonni Williams
October
2023
Column
, Page 9
Nominate yourself for an ISBA committee or section council.

Ready to Make a Difference?

By Shawn S. Kasserman
January
2023
Column
, Page 9
Nominate Yourself for an ISBA Committee or Section Council

Reasonable minds could differ as to whether measures taken in response to a sexual harassment claim were reasonably corrective

July
2023
Illinois Law Update
, Page 16
On March 31, 2023, the First District of the Illinois Appellate Court held that summary judgment was inappropriate where a reasonable jury could find that a casino’s response to an employee’s sexual harassment claim was not reasonably corrective.

Refiling plaintiff’s voluntarily dismissed claims not barred by res judicata after trial in original case on defendant’s counterclaims

February
2023
Illinois Law Update
, Page 16
On Nov. 14, the Fourth District of the Illinois Appellate Court held that the doctrine of res judicata did not bar plaintiffs from refiling a complaint that the plaintiffs voluntarily dismissed four years earlier.

Refusing the Right

By Brian Fliflet
October
2023
Column
, Page 42
Gender-affirming care and LGBTQ+ rights under assault.
1 comment (Most recent November 29, 2023)

Rental and homeowner insurance companies cannot increase policy rates for owning specific dog breeds

September
2023
Illinois Law Update
, Page 16
The Illinois General Assembly created the Dog Breed Insurance Underwriting Protection Act. The Act applies to homeowner’s and renter’s insurance policies issued, renewed, modified, altered, or amended after the date the Act went into effect.

Requirements and civil penalties added for sprinkler system inspections

June
2023
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Illinois Plumbing License Law. A licensed plumber must inspect every aspect of a sprinkler system installed by an irrigation contractor, including all piping, fittings, and heads.

Restrictions removed on payment for repeat alcohol or drug detoxification admissions

December
2023
Illinois Law Update
, Page 16
The Department of Healthcare and Family Service amended the Part entitled Hospital Services to remove restrictions on payment for repeat drug or alcohol detoxification admissions.

SAFE-T Act does not violate Illinois Constitution because Constitution does not mandate use of monetary bail

October
2023
Illinois Law Update
, Page 14
On July 18, 2023, the Illinois Supreme Court held that the Illinois Constitution does not mandate the use of monetary bail and that the SAFE-T Act, which eliminates cash bail, does not violate the Illinois Constitution.

Safety in Numbers

By Karen Erger
December
2023
Column
, Page 50
Staying alive in mass gatherings.

Saving Face in Cyberspace

By Ed Finkel
September
2023
Cover Story
, Page 20
This year’s Solo and Small Firm Conference explores how  firms can protect their cyber assets, and much more.

School board members must complete trauma-informed practices training

February
2023
Illinois Law Update
, Page 16
The Illinois General Assembly amended the School Code. Starting in the 2023-24 school year, school board members serving under section 10-10 of the School Code must complete trauma-informed practices training for students and staff during their required professional development leadership training.

School teachers’ resignations after completion of the school year must be submitted at least 30 days prior to the first student attendance day of the following school year

December
2023
Illinois Law Update
, Page 16
The Illinois General Assembly amended the School Code. A teacher who resigns after the conclusion of a school year must do so at least 30 calendar days prior to the commencement of the first student attendance day of the following school year.

Section 11 of the Equal Pay Act of 2003 implemented; process for Illinois businesses to obtain equal-pay registration certificates

April
2023
Illinois Law Update
, Page 16
The Department of Labor (DOL) adopted amendments to the Part titled Equal Pay in Employment, which implements section 11 of the Equal Pay Act of 2003 (Act). The Act requires Illinois businesses employing more than 100 employees to file annual reports with the U.S. Equal Employment Opportunity Commission to apply for equal-pay registration certificates from the DOL every two years.

Section 301 of the Labor Management Relations Act preempts Biometric Information Privacy Act claims

June
2023
Illinois Law Update
, Page 16
On March 23, 2023, the Illinois Supreme Court held that section 301 of the Labor Management Relations Act (LMRA) preempts Biometric Information Privacy Act (BIPA) claims from bargaining unit employees under collective bargaining agreements (CBA).

Section 65 of the Firearm Concealed Carry Act implicates a public policy that may serve as grounds for alleging retaliatory discharge

September
2023
Illinois Law Update
, Page 16
On June 20, 2023, the First District of the Illinois Appellate Court held that section 65 of the Firearm Concealed Carry Act (“Act”) implicates a public policy that can serve as the grounds for alleging retaliatory discharge.

Serving, Learning, and Growing

By Ed Finkel
February
2023
LawPulse
, Page 10
Justice Elizabeth M. Rochford’s passion for public service led her to the bench.

Seven in Seven

By Jeffrey R. Schoenberger
May
2023
Column
, Page 40
Cybersecurity in plain English.

Seven Ineffective Habits

By Jeffrey R. Schoenberger
March
2023
Column
, Page 42
Technology can’t solve bad habits, but it can make breaking them easier.

Signing bonus not adequate consideration for confidentiality and nonsolicitation agreement signed by employee after employment had commenced

August
2023
Illinois Law Update
, Page 14
On May 22, 2023, the Third District of the Illinois Appellate Court held that a signing bonus did not constitute consideration for an employee’s confidentiality and nonsolicitation agreement because the signing bonus was not specifically designated as such.