Publications

Articles on Confidential Information

Client Confidentiality in the Digital Age

By Ed Finkel
May
2015
Cover Story
Page 20
The pathways for breaching client confidentiality - whether due to simple carelessness or inadequate security - continue to multiply as technology advances.

Evaluating Protective Orders for Discovery Materials

By Jo Anna Pollock
November
2011
Article
Page 576
Litigants often seek protective orders to limit disclosure of clients' sensitive documents during discovery. But be wary of attempts by the requesting party to gain an unfair advantage.

ABA ethics, Part 2: Proposed rules address admission on motion, MJP and more

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
Proposed ABA model rules speak to admission on motion, multijurisdictional practice, disclosure of confidential information, and choice of law provisions in lawyer-client agreements.

Adoption in the Sunshine: Illinois’ Disclosure Law for Adult Adoptees

By Paul A. Rodrigues
August
2011
Article
Page 414
A look at the Illinois law that reverses years of presumptive confidentiality and gives adult adoptees access to their original birth certificates.

Court-ordered mental health reports not confidential under IMDMA

By Helen W. Gunnarsson
April
2011
LawPulse
Page 174

Illinois Family Mediations: The Case Against Allowing GALs

By Suzanne J. Schmitz
November
2010
Article
Page 576
Because their presence may hinder family mediation, GALs should be excluded, the author argues.

Attorney for the Trust: Does Attorney-Client Privilege Belong to the Trustee or the Beneficiary?

By Tina N. Babel
October
2010
Article
Page 524
Lawyers for trustees are sometimes surprised to learn that the attorney-client privilege actually belongs to trust beneficiaries. Here's a look at the confusing state of Illinois law.

Criminal Lawyers and the New Ethics Rules

By Randall Rosenbaum
June
2010
Column
Page 326
Now lawyers must keep "information" (not just "secrets") confidential.

Procedures for disposing of confidential records updated

February
2009
Illinois Law Update
Page 70
The State Records Commission amended Title 44 of the Illinois Administrative Code, which regulates Government Contracts, Procurement, and Property Management. 44 Ill Adm Code 4400.

Electronic Discovery: Dealing with Disclosure of Metadata

By Joseph R. Marconi
January
2009
Article
Page 24
The question isn't whether confidential client information will be disclosed during electronic discovery but what to do when it happens.

Subpoena for medical records

January
2009
Illinois Law Update
Page 16
On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).

The Open Meetings Act v. client confidentiality

By Helen W. Gunnarsson
October
2008
LawPulse
Page 498
A trial court's search for truth and the public's right to know may conflict with what local governments believe to be their right to confidential communications with counsel.    

New restrictions on the availability of confidential information to caregivers

July
2008
Illinois Law Update
Page 340
The Department of Children and Family Services (DCFS), amended 89 Ill Adm Code 431, which deals with the disclosure of foster children's confidential information. 

The Attorney-Client Privilege and the Common-Interest Doctrine

By James A. Hansen and Melinda S. Madison
April
2008
Article
Page 204
Under the common-interest doctrine, an attorney's advice to an insurance-company client might not be privileged in a later dispute with the insured.

Employers’ liability for employees’ loose tongues

By Helen W. Gunnarsson
July
2006
LawPulse
Page 338
The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 

Banks and Federal Grand Jury Subpoenas: Resolving the Hobbesian Dilemma

By Michael G. Cortina
April
2006
Article
Page 200
Try not to let your bank clients get caught between the conflicting dictates of state and federal privacy laws.

Danger lurks in p.i. confidentiality clauses

By Helen W. Gunnarsson
March
2006
LawPulse
Page 110
A recent case – involving none other than Dennis Rodman – holds that plaintiffs must pay tax on the portion of a settlement award deemed payment to a p.i. client for his or her silence.

Illinois restricts public use of social security numbers P.A. 093-0739

September
2004
Illinois Law Update
Page 456
Effective July 1, 2006, the Consumer Fraud and Deceptive Business Practices Act will have several additional measures restricting the use of social security numbers.

Social security numbers may not be printed on insurance cards P.A. 093-0728

September
2004
Illinois Law Update
Page 456
A person or entity may not print an individual's social security number on an insurance card.

Responding to HIPAA-violation complaints

By Helen W. Gunnarsson
May
2004
LawPulse
Page 236
Prevention is the best remedy; does your "covered entity" client have an adequate privacy policy in effect?

Customer information to be safeguarded under new regulations

October
2003
Illinois Law Update
Page 492
The Illinois Department of Insurance recently adopted rulemaking with the goal of providing better safeguards for customer information.

Department of Insurance restricts access to public records

March
2003
Illinois Law Update
Page 116
The Illinois Department of Insurance has adopted amendments under 2 Ill Adm Code 951 relating to Access to Public Records.

The Department of Professional Regulation may subpoena dentists’ patient appointment calendars, but not private patient files

March
2003
Illinois Law Update
Page 116
On December 5, 2002, the Illinois Supreme Court held that the Department of Professional Regulation may not subpoena a dentist's private patient files.

Bar associations, U.S. reps seek exemptions for lawyers from Gramm-Leach-Bliley

By Helen W. Gunnarsson
December
2002
LawPulse
Page 628
The New York State and American Bar Associations have filed lawsuits seeking declaratory judgments that the FTC's application of GLBA's privacy provisions to practicing attorneys is unlawful, and members of Congress have introduced legislation that would exempt lawyers from the Act.

Bill would require clergy to report abuse

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
HB 5002 would add clergy to the list of required reporters under the Abused and Neglected Child Reporting Act.

Contending with HIPAA Privacy Standards in Illinois

By Neville M. Bilimoria
August
2002
Article
Page 414
This article reconciles the strictures of the Health Insurance Portability and Accountability Act with Illinois privacy law.

The Gramm-Leach-Bliley Act: Does it Apply to You?

By Aaron W. Brooks and Megan G. Heeg
August
2002
Article
Page 412
Many argue that GLBA's disclosure and other requirements apply to lawyers. Here's what to do.

New limits on attorney-client privilege for government lawyers and agency clients

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
The seventh circuit holds that when federal prosecutors seek information from an agency attorney as part of a criminal investigation, the agency lawyer must talk.

Availability of access to records of psychological treatment further narrowed

May
2002
Illinois Law Update
Page 232
On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.

New right of access granted to criminal history

January
2002
Illinois Law Update
Page 14
On October 1, 2001, the Department of State Police (department) adopted four new provisions to section 1210 of the Illinois Administrative Code.

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