2024 Articles

Absolute immunity for failure to provide adequate police protection

January
2024
Illinois Law Update
, Page 16
On Nov. 1, 2023, the Third District of the Illinois Appellate Court held that the Local Governmental and Governmental Employees Tort Immunity Act provides absolute immunity for the failure to provide adequate police protection.

All for Limited Scope

March
2024
Column
, Page 8
A reader promotes the benefits of limited-scope representation in mediations.

Alternative procedures for testing for drinking water contaminants added

March
2024
Illinois Law Update
, Page 18
The Pollution Control Board adopted amendments to its primary drinking water standards. The rulemaking incorporates seven additional alternative procedures for testing contaminants in drinking water.

Artificial Intelligence and the Authentic Attorney

By Ed Finkel
February
2024
Cover Story
, Page 18
Dipping your toes into AI? Don’t lose the human touch.

Authorized to Speak?

February
2024
Article
, Page 12
The ethical and practical realities of maintaining authorized contacts for clients.

Barring extraordinary circumstances, court order to sell assets prior to the final dissolution of a marriage is inappropriate

March
2024
Illinois Law Update
, Page 18
On Nov. 22, 2023, the First District of the Illinois Appellate Court held that a court order requiring the sale of marital assets prior to the final dissolution of a marriage is only permissible in extraordinary circumstances where that order is necessary to preserve the status quo.

Behind the Curtain

By Ed Finkel
April
2024
Cover Story
, Page 18
When banks deny access to those with powers of attorney, and what to do about it.

Being a Pronoun Pro

By Ed Finkel
March
2024
Cover Story
, Page 22
Respectful pronoun usage in the legal sector is a matter of professionalism, courtesy, respect, and competence.

Beneficial Information

By Amelia Buragas
February
2024
LawPulse
, Page 10
The Corporate Transparency Act’s new FinCEN filing requirements necessitates close attention to detail.

Bit by the Grammar Bug?

By Justice Michael B. Hyman
February
2024
Column
, Page 46
Remedies for 12 common grammar infirmities.

Business postcards and letters must disclose or disclaim senders’ affiliations

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Consumer Fraud and Deceptive Business Practices Act. It is an unlawful practice to knowingly send or cause to be sent a postcard or letter (“document”) if all of the following four criteria are met

Cannabis craft growers may now apply to increase their canopy space if certain criteria are met

April
2024
Illinois Law Update
, Page 14
The Department of Agriculture adopted amendments to the Cannabis Regulation and Tax Act. Cannabis craft growers may apply for an increase to their canopy space of either 3,000, 6,000, or 9,000 square feet, subject to the Act’s space maximums.

Cash value of resources exempted from Aged, Blind, or Disabled (ABD) Medical Assistance–No Grant (MANG) eligibility determination increased 

January
2024
Illinois Law Update
, Page 16
The Department of Healthcare and Family Services adopted an amendment to the Part titled Medical Assistance Programs.

Certain hospitals must have consultation agreements with a children’s hospital or another hospital’s pediatric unit

March
2024
Illinois Law Update
, Page 18
The Department of Public Health adopted amendments to its hospital licensing requirements. General acute or critical access hospitals that provide limited inpatient or observation services to pediatric patients must have a written agreement with a licensed pediatric unit if they do not have a pediatric unit, a board-certified pediatrician, or a board-eligible pediatrician in the hospital or on call 24 hours daily.

Certified Audit Pilot Program established; certain tax penalties waived if taxpayers hire a qualified practitioner to perform a certified audit 

January
2024
Illinois Law Update
, Page 16
The Department of Revenue adopted a new Part titled the Local Government Revenue Recapture Act and Certified Pilot Program. Taxpayers may now hire qualified practitioners to perform certified audits. The program runs from Jan. 1, 2021, to Dec. 21, 2025.

Change Your Outlook

By Danielle DavisRoe
February
2024
Column
, Page 42
Settings to change in Microsoft’s new Outlook interface.

Circuit court has jurisdiction to hear matters involving straightforward tax disputes that do not require agency expertise  

April
2024
Illinois Law Update
, Page 14
On Jan. 12, 2024, the First District of the Illinois Appellate Court held that circuit courts have jurisdiction to hear tax disputes if they are not complex and do not require agency expertise.

Cobranded alcoholic beverages bearing packaging similar to nonalcoholic beverages must not be displayed adjacent to soft drinks, fruit juices, bottled water, candy, or snack foods

January
2024
Illinois Law Update
, Page 16
The Illinois Liquor Control Commission adopted an amendment regarding the placement of cobranded alcoholic beverages in retail establishments.

Collection of biometric information from health care workers for health care treatment, payment, and operations under the Health Insurance Portability and Accountability Act is excluded from Biometric Information Privacy Act protections

March
2024
Illinois Law Update
, Page 18
On Nov. 30, 2023, the Illinois Supreme Court held that biometric information taken from health care workers for health care treatment, payment, and operations under the Health Insurance Portability and Accountability Act (HIPAA) is excluded from Biometric Information Privacy Act (BIPA) protections.

Conflict, Human Rights, and Free Speech

By Junaid "J" Afeef
April
2024
Column
, Page 42
The chair of the ISBA Human and Civil Rights Section Council reflects on the challenge of free speech amidst bitter tensions between pro-Palestine and pro-Israeli Americans.

Contemporaneous Time and Billing Records

By Charles J. Northrup
April
2024
Column
, Page 38
Don’t let ignorance or bad habits keep you from your responsibility—or your fee.

Conviction must be reversed where counts are indistinguishable to the jury, making it impossible to know if a conviction is unanimous

January
2024
Illinois Law Update
, Page 16
On Oct. 27, 2023, the Third District of the Illinois Appellate Court held that a conviction must be reversed if a jury was unable to differentiate between multiple counts, making it impossible to know if a conviction on any one of those counts was unanimous.

Courts unable to investigate legislature’s motives for passing a bill under the separation-of-powers doctrine

February
2024
Illinois Law Update
, Page 14
On Nov. 17, 2023, the First District of the Illinois Appellate Court held that legislative intent cannot be ruled on without invading the province of the legislature.

Crafting an Effective Generative-AI Policy

By Carlos Cisneros
February
2024
Article
, Page 32
Considering the business risks of artificial intelligence.

Defendants have the right to be physically present at detention hearings under the Pretrial Fairness Act

April
2024
Illinois Law Update
, Page 14
On Jan. 23, 2024, the Fourth District of the Illinois Appellate Court held that defendants have the right to be physically present at pretrial release hearings.

Defendants in detention but arrested prior to the SAFE-T Act taking effect must have the option to stand on terms of original pretrial conditions

February
2024
Illinois Law Update
, Page 14
On Nov. 9, 2023, the Fifth District of the Illinois Appellate Court held that a defendant arrested before the SAFE-T Act became effective and who remains in detention after being ordered released subject to pretrial conditions must be allowed to stand on those original terms.

Defendant’s water pump house located in plaintiff’s chosen venue constitutes an “other office” in motion to transfer venue analysis

January
2024
Illinois Law Update
, Page 16
On Oct. 18, 2023, the Fifth District of the Illinois Appellate Court held that a water pump house may constitute a corporation’s “other office” for the purpose of determining proper venue.

Definition of “delinquent minor” under the Juvenile Court Act of 1987 no longer applies to minors violating federal law

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Juvenile Court Act of 1987. For purposes of the Act, “delinquent minor” no longer refers to minors who violated or attempted to violate a federal law before their 18th birthday.

Department of Children and Family Services must create database regarding the safety of regulated consumer products, other products, and substances

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Child Care Act of 1969. The Department of Children and Family Services must create and maintain a database on the safety of consumer products, other products, and substances regulated by the department.

Documents obtained by the public access counselor from a public body for the purpose of addressing a request for review is exempt from the Freedom of Information Act

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Freedom of Information Act (FOIA). Documents obtained from a public body by the public access counselor for the purpose of addressing a request for review of such public body’s denial of a request to inspect or copy a public record are now exempt from FOIA.