Publications

Articles on Fraud

They’re Just Like Us

By Karen Erger
February
2015
Column
Page 48
When law firm partners steal, the losses are enormous.

More cyberscams looking for lawyer-victims

By Janan Hanna
July
2014
LawPulse
Page 314
Beware out-of-country residential real estate clients bearing cashier's checks.

Fraudulent misrepresentation claim concerning construction project is subject to five-year statute of limitations

April
2014
Illinois Law Update
Page 168
On January 24, 2014, the Illinois Supreme Court held that a fraudulent misrepresentation claim in a contract action for property damage is subject to a five-year statute of limitations.

Sole member of LLC shielded from personal liability for alleged frauds committed by LLC

March
2014
Illinois Law Update
Page 120
On December 20, 2013, the Illinois First District Appellate Court, as a matter of first impression, held that the sole member of a limited liability company (LLC) that sold a condominium unit was not personally liable for alleged frauds committed by that LLC.

New scams target real estate lawyers

By Helen W. Gunnarsson
November
2011
LawPulse
Page 550
Scammers are using smartphones and apps to steal home-sale proceeds.

Rebate offers need to be accompanied by conspicuous and clear disclosures. PA 097-0308.

November
2011
Illinois Law Update
Page 556
Retailers offering merchandise rebate offers must now abide by new disclosure requirements. (815 ILCS 505/2LLL new).

A Divorce Lawyer’s Guide to the Illinois Fraudulent Transfer Act

By Andrew R. Schwartz, Thomas J. Kanyock, and Karen Jeffreys
September
2011
Article
Page 462
Sometimes a dissipation-of-assets claim under the IMDMA isn't enough when a recalcitrant spouse hides assets. Never fear - the Illinois Uniform Fraudulent Transfer Act is here.

Consumers protected from unrequested shipment practices by sellers. PA 096-1306

January
2011
Illinois Law Update
Page 16
Illinois law no longer allows sellers of merchandise to ship additional, similar merchandise to consumers at their expense without the consumer's approval. 815 ILCS 505/2III.

Disabled persons now protected under the Home Repair Fraud Act. PA 096-1026

September
2010
Illinois Law Update
Page 452
The Illinois General Assembly has passed a bill making it a felony for anyone to commit fraud in connection with a home repair project undertaken to aid a disabled person. (815 ILCS 515/5)

The Case for a Narrow Commercial Fraud Exception to the Moorman Doctrine

By Travis J. Quick
June
2010
Article
Page 318
Society is best served by requiring the parties - typically sophisticated business buyers and sellers - to bargain for contract protection, the author argues.

The right to a jury trial is not guaranteed in an action nonexistent at common law.

October
2009
Illinois Law Update
Page 496
On July 27, 2009, the Illinois Appellate Court, Fifth District, reversed the judgment of the Circuit Court of Jackson County and remanded the case for a bench trial.

Fraudulent Misrepresentation in Illinois Employment Cases

By Richard J. Gonzalez
September
2008
Article
Page 464
More at-will employees who have been misled by employers' oral promises are suing for fraudulent misrepresentation instead of breach of contract.

Fraudulent misrepresentation tort limited to business

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
Fraudulent misrepresentation applies only to business-related, not personal, injury, the Illinois Supreme Court rules.

The CFAA: New Remedies for Employee Computer Abuse

By Linda K. Stevens and Jesi J. Carlson
March
2008
Article
Page 144
The Computer Fraud and Abuse Act provides a path to federal court for employer-victims of computer abuse by employees and other insiders.

Asked and Answered

April
2007
Column
Page 210
"Fraud" versus "fraudulent misrepresentation."

Bad faith needed for defendant to receive attorney fees under the Consumer Fraud Act

March
2007
Illinois Law Update
Page 124
On December 21, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, and the Circuit Court of Cook County, striking the defendants' petition for fees.

The Mortgage Rescue Fraud Act

By James K. Weston
January
2007
Column
Page 52
This law, effective January 1, is designed to protect soon-tobe-forclosed landowners from a "rescue" scam.

New rules for work-at-home solicitations - PA094-0999

December
2006
Illinois Law Update
Page 650
The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act (Act), adopting new rules to govern the solicitation of work-at-home employees. 815 ILCS 505/2XX. 

Fraudulent concealment keeps legal malpractice defendants on the hook

By Helen W. Gunnarsson
November
2006
LawPulse
Page 578
A tortfeaser who fraudulently conceals a legal malpractice cause of action can be sued even after the statute of repose has run, the supreme court held last month. 

Employer sues ex-employee under computer fraud law for deleting data - and wins

By Helen W. Gunnarsson
September
2006
LawPulse
Page 458
A company used civil provisions of the Computer Fraud and Abuse Act against a departing employee who irrevocably deleted business information from his laptop.

A big win for Big Tobacco

By Helen W. Gunnarsson
February
2006
LawPulse
Page 62
The Illinois Supreme Court barred plaintiffs' class action claim and overturned a $10-plus billion award against Philip Morris. But experts doubt the case will have much precedential power outside Illinois.

Reducing Real Estate Fraud – Thumbprints and How Much More?

By James K. Weston
April
2005
Column
Page 208
Two different bills requiring notaries to maintain logbooks and record thumbprints are introduced this session.

Internet service providers now regulated by the Consumer Fraud and Deceptive Business Practices Act P.A. 093-1016

December
2004
Illinois Law Update
Page 620
Effective in 2005, Internet service providers will be regulated by the Illinois Consumer Fraud and Deceptive Business Practices Act. 

Using No-Reliance Clauses to Prevent Fraud-in-the-Inducement Claims

By Joseph Wylie
October
2004
Article
Page 536
Plaintiffs are using fraud-in-the-inducement theory to turn breach-of-contract allegations into tort claims. A new case gives defendants a way to fight back.

Consumer Fraud Act protections for car dealers deemed “special legislation”

By Helen W. Gunnarsson
December
2003
LawPulse
Page 594
A recent Illinois Supreme Court case hands car buyers a victory.

Consumers Protected from Fraud in Auto Repair P.A. 093-0565

December
2003
Illinois Law Update
Page 600
Effective January 1, 2004, the state will require more effective information sharing between consumers and facilities making car repairs. 

Legislature Increases Penalties for Home Repair Fraud P.A. 93-0542

November
2003
Illinois Law Update
Page 550
The Legislature added a provision to the Home Repair Fraud Act providing that if a person commits aggravated home repair fraud.

Exception under Consumer Fraud Act for misleading statements inapplicable to realtors; amended complaint sufficiently pled claim of negligent misrepresentation, violations of Consumer Fraud Act, Real Estate License Act

July
2003
Illinois Law Update
Page 332
On April 15, 2003, the Appellate Court of Illinois, Second District, affirmed in part and reversed and remanded in part the order of the circuit court of DuPage County dismissing the plaintiff's amended complaint with prejudice.

Post-Enron 10b-5 Secondary Actor Liability: A New Standard for Attorneys

By Daniel A. Ninivaggi, Stephen J. Senderowitz, and James J. Cotter
July
2003
Article
Page 350
Attorneys now might be as liable for false or misleading disclosures as their issuer clients

The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In

By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan
April
2003
Article
Page 172
Our annual review of the leading cases.

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