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.
Illinois Bar Journal
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July 27, 2020 | Practice News
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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.
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June 15, 2020 | Practice News
In her June Illinois Bar Journal Article, “Illinois’ Progressive Prevailing Wage Act,” Kara M. Principe shows why the Act is arguably one of the most progressive prevailing-wage laws in the nation, especially at a time when many states have been acting to repeal similar laws. According to Principe, the most substantial amendments relate to how rates are ascertained and how they are challenged. The amendments also create minority- and local-employment-reporting requirements as well as require new information to be listed on certified payroll records. Principe also explains why penalties for violating the Act are consequential.
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June 8, 2020 | Practice News
Despite how simple celebrities like Henry Winkler and Tom Selleck make reverse mortgages out to be on their television commercials targeting seniors, loss mitigation for reverse mortgages confounds homeowners, advocates, and judges alike. In his June 2020 Illinois Bar Journal article, “Reverse Mortgages Gone Bad,” Matthew Hulstein explains what families can do to bring a reverse mortgage out of default and keep their home.
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June 1, 2020 | Practice News
In the Illinois Bar Journal’s June cover story, “Search and Assist,” Thomas Hamilton, vice president of strategy and operations for the legal-research firm ROSS Intelligence, tells the IBJ that “[t]o the extent that lawyers—especially sole practitioners and partners at small firms—also are business people, there’s an enormous suite of AI tools they can leverage to run a more profitable and streamlined business. At the same time, in their capacity as legal professionals, there are now AI tools available that allow them to provide higher-quality work more efficiently and effectively.” Thomas and other technology experts discuss the fast-evolving ways artificial intelligence is making a home in the legal industry, to your benefit.
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May 26, 2020 | Practice News
An underdiscussed but vitally important aspect of today’s criminal justice system is the ever-expanding role of assessments charged to convicted defendants in criminal cases. These fines and fees charged by states and municipalities aim to minimize the cost of criminal prosecutions on the taxpayers and deter future criminal activity. Nationally, convicted persons are charged an average of $13,607 for conviction-related costs, including restitution and attorney fees. As Benjamin Sardinas notes in his May Illinois Bar Journal artilcle, “The Ball Is in Your Court,” nearly half of convicted persons’ families who helped cover those costs say they could not afford such fees and 38 percent of those families found court fees and fines the most difficult among the costs of conviction. Since the passage of Illinois Supreme Court Rule 472, correcting errors in the calculation and imposition of court assessments have become part of the responsibilities of trial prosecutors and defense attorneys. Sardinas reviews the history of correcting errors in sentencing, the changing legal landscape in the wake of Rule 472, and suggests how criminal trial attorneys may challenge assessments and sentencing errors to prevent their incidence and prevalence.