Zoom has become the prevalent videoconferencing platform of the pandemic era. But there are other high-quality options, says Affinity Consulting’s Jeffrey R. Schoenberger in his Practice HQ column in the August Illinois Bar Journal. In the column, “Weaving a Virtual Presence: Web Meetings,” Schoenberger highlights the differences between Zoom, Microsoft Teams, Google Meet, and GoToMeeting. He also points out their respective features and benefits. Maybe you like what you’re using. But perhaps you’ve been too busy to try anything else. Heading into autumn, now is the time to explore other options and see what works best.
Illinois Bar Journal
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August 24, 2020 | Practice News
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August 17, 2020 | Practice News
In their August 2020 article, “Discovery Wars,” Madhavi K. Seth and Vikram S. Arora explore Illinois and federal professional and procedural rules when preparing a client’s employees as knowledgeable witnesses and contacting the adverse party’s employees for evidence. Being aware of the sanctions that attorneys may face for not meeting their obligations under the rules is important, Seth and Arora argue, not least because, in discovery, litigators can find themselves walking a fine line between zealous advocacy and ethical pitfalls. Modern American jurisprudence has led many attorneys to seek guidance on their obligations under Illinois procedural and professional conduct rules when preparing their client’s employees as witnesses and contacting an adverse party’s former or current employees during discovery.
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August 10, 2020 | Practice News
It is no secret that some defendants will go to great lengths to avoid being served. Some defendants are even willing to lie about having been served. As a result, the law on this issue has developed firmly in favor of plaintiffs. In the context of personal service, return of service is prima facie proof of proper service and courts are required to indulge in every reasonable presumption in favor of the return. But what happens when an officer has actually, and unrepentantly, served the wrong person? In his August Illinois Bar Journal article, “You Got the Wrong Guy,” Jake Crabbs prepares attorneys for the uphill battle ahead when they set out to prove a case of mistaken identity when the courts are disinclined to believe your client is telling the truth.
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July 31, 2020 | Practice News
In its August 2020 cover article, “Remote Reality,” the Illinois Bar Journal speaks with attorneys, judges, and court administrators throughout Illinois to report their experiences with holding court hearings and business remotely. According to several legal professionals interviewed, some form of remote court access is likely to stay in place or expand even after the COVID-19 pandemic has run its course. Meanwhile, courts in Illinois continue to experiment with and learn from their efforts as they figure out what has been working well and what hasn’t.
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July 27, 2020 | Practice News
The term “independent contractor” has historically been defined as “one who renders service in the course of an occupation representing the will of the person for whom the work is done only as to the result of the work and not as to the means by which it is accomplished, and is one who undertakes to produce a given result without being in any way controlled as to the method by which he attains that result.” But the label “independent contractor” does not absolve a hiring entity from tort liability for the latter’s own negligence when retaining some requisite degree of control over an independent contractor; nor is the label dispositive for determining whether an agency relationship existed between the two parties. As Gregory Jones shows in his July Illinois Bar Journal article, “Will the Real Independent Contractor Please Stand Up?”, causes of action against employers of independent contractors remain viable in certain instances. Jones also examines claims against independent contractors and various tests for vicarious liability.
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July 20, 2020 | Practice News
When a lawyer relocates to a new firm, timing and content are important when determining ethical responsibilities and what information may be shared with clients, colleagues, and the new and old firm. In their July 2020 Illinois Bar Journal article, “When Lawyers Relocate,” attorneys Michael Shakman and Diane Klotnia examine various opinions written by the Illinois State Bar Association and the American Bar Association as well as rules of professional conduct that provide guidance on avoiding conflicts of interest for the relocating lawyer and his or her old and new firms. Illinois lawyers especially face subtle differences in professional conduct rules regarding relocating, Shakman and Klotnia note. And, in certain relocation-based matters, state caselaw is not settled.
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July 13, 2020 | Practice News
There is no question that the speed of the legal acceptance of cannabis has outpaced the progress of scientific research into its use and the beneficial or harmful effects on the human body. The lack of conclusive research into the use of cannabis is illustrated by pseudoscientific claims made about the benefits of cannabis derivatives such as cannabidiol (CBD), a nonpsychoactive substance marketed as CBD oil that can be readily sourced at your local mall, convenience store, or health food store. Also, as Larry A. Davis shows in his July Illinois Bar Journal article, “Too High to Drive?”: The lack of science-based guidance on the safe use and proper regulation of cannabis is apparent in the inconsistent cannabis-based DUI laws that have been enacted in the course of the Illinois General Assembly’s legalization of medical and recreational cannabis. In his article, Davis explores these inconsistencies and their implications on DUI matters.
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July 6, 2020 | Practice News
From humble beginnings as a child working in his parents’ grocery store in southern Illinois to his well-earned reputation as the region’s preeminent pension law attorney, Dennis Orsey will bring a wealth of experience to his term as the 144th president of the Illinois State Bar Association. Orsey assumes his role as president during historic turmoil resulting from the COVID-19 pandemic and the economic downturn it has created. “There are going to be lots of firsts as we try to move forward and find our way through this maze,” Orsey says. To learn more about Orsey and his vision for the ISBA, read his featured profile in the Illinois Bar Journal’s July issue.
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June 29, 2020 | Practice News
In October 2019, the U.S. Supreme Court declined to grant certiorari to a case out of the Ninth Circuit, where the appellate court ruled that the Americans With Disabilities Act’s definition of “places of public accommodation” includes websites. In the Pointers From Practice HQ column in June’s Illinois Bar Journal, Affinity Consulting Group’s Jeff Schoenberger provides practical, easy-to-adopt tips for making your website more ADA compliant, even though federal guidance on the matter is far from clear.
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June 22, 2020 | Practice News
Direct-to-consumer (DTC) genetic tests are giving consumers unprecedented, inexpensive access to their genetic predispositions. As a result, state and federal governments have had to grapple with consumer-protection laws and private companies with airtight contracts and clear, conspicuous disclosures. Governments have an interest in robust privacy protections for consumers, yet companies that offer DTC genetic-testing services want to protect their brand and the integrity of their products. The general public stands to benefit significantly from the scientific advancements based on the study of genetic material. But in light of this rapidly growing landscape, what do our client patients, providers, and companies need to know? In her June Illinois Bar Journal article, “Inconclusive Results,” Haley J. Guion provides a history of DTC genetic testing, identifies key stakeholders in the genetic testing market, and outlines corresponding legal principles at issue for these players.