Publications

Articles on Law Pulse

McCuskey comes full circle

By Matthew Hector
April
2015
LawPulse
Page 10
Judge Michael McCuskey made the rare journey from the state to the federal bench and back again - and he's happy to leave federal court behind.

Amazon, tax collector

By Matthew Hector
March
2015
LawPulse
Page 14
A new law requires Amazon and other online retailers without a physical presence in Illinois to collect sales tax, the way their brick-and-mortar counterparts do.

Bill would let ‘Dreamers’ be Illinois lawyers

By Matthew Hector
March
2015
LawPulse
Page 14
Senate Bill 23 would allow noncitizens who meet the requirements of the federal Deferred Action for Childhood Arrival to apply for admission to the bar.

Is the switch to six-person juries constitutional?

By Matthew Hector
March
2015
LawPulse
Page 14
The challenge of choosing a six-person panel may make you rethink your jury-selection strategy. But some lawyers are asking whether the change in jury size violates the Illinois Constitution.

The sting of IOLTA overdraft alerts

By Matthew Hector
March
2015
LawPulse
Page 14
Since 2011, banks have been required to report IOLTA-account overdrafts to the Illinois ARDC. The resulting investigations often uncover bookkeeping mistakes that get lawyers into trouble.

Bills produce six-person (and better paid) juries and a new eavesdropping law

By Matthew Hector
January
2015
LawPulse
Page 10
Bills creating six-person civil juries and a new eavesdropping law were signed by the governor.

7th Circuit case shakes up the creditor’s bar

By Matthew Hector
December
2014
LawPulse
Page 566
Contrary to longstanding practice, collection cases must now be filed in the Cook County municipal district court where the debtor lives or the contract was signed.

E-filing comes to criminal court

By Matthew Hector
December
2014
LawPulse
Page 566
Effective last September, the Illinois Supreme Court expanded its electronic filing standards to include criminal and traffic cases.

Expanding recording of custodial interrogation, improving eyewitness ID

By Matthew Hector
December
2014
LawPulse
Page 566
Last year, more crimes were added to the list requiring recording of custodial interrogations, and the criminal code will soon change to reduce the risk of mistaken eyewitness identification.

ISBA ethics opinion: lawyers may advise clients on medical marijuana

By Matthew Hector
December
2014
LawPulse
Page 566
A new ISBA advisory opinion says that lawyers can advise clients in the medical marijuana business and counsel local governments about zoning for cultivation centers and dispensaries.

Federal minimum wage and overtime protection extended to home care workers

By Matthew Hector
November
2014
LawPulse
Page 518
Soon, in-home care workers will be protected by the FLSA. But will the law's exemptions and exceptions swallow the rule?

Legislative fine-tuning makes the small-estate affidavit more useful

By Matthew Hector
November
2014
LawPulse
Page 518
A new law makes the small-estate affidavit better for rounding up stray assets that didn't make it into probate-avoiding trusts and more palatable to banks and other entities.

Stronger workplace rights for pregnant women and new moms

By Matthew Hector
November
2014
LawPulse
Page 518
A new Illinois law, one of the most protective nationwide, requires employers to provide a range of reasonable accommodations to pregnant woman and new mothers.

The incredible, unciteable Rule 23 order

By Matthew Hector
October
2014
LawPulse
Page 466
Lawyers can cite magazine articles like the one you're reading in their pleadings and briefs - why can't they cite Rule 23 orders?

New residential real estate contract incorporates common modifications

By Matthew Hector
October
2014
LawPulse
Page 466
A new version of the widely used multi-board real estate contract incorporates the most common changes lawyers made in its predecessor.

Not-so-neighborly neighbors

By Matthew Hector
October
2014
LawPulse
Page 466
Rural and exurban property owners who want to keep hunters and others off their land sometimes find it hard to do. But liability limits protect those who open their land to the public.

Tort legislation medley

By Matthew Hector
October
2014
LawPulse
Page 466
The governor recently signed laws affecting UI/UIM arbitration, statutes of limitations for disabled plaintiffs, and service of process in gated communities.

Accepting credit-card payments? Mind your trust-account ps and qs

By Mark S. Mathewson
September
2014
LawPulse
Page 418
Make sure retainer-fee payments by credit card are going into your trust account and not your general office account, an ISBA ethics opinion admonishes.

New Illinois law limits criminal history checks on job applicants

By Matthew Hector
September
2014
LawPulse
Page 418
Beginning in January, employers won't be allowed to require prospective employees to disclose their criminal history on a job application.

Seventh circuit pilot program focuses on improving e-discovery

By Matthew Hector
September
2014
LawPulse
Page 418
A pilot program centered in Chicago is developing a set of procedures designed to improve the efficiency of electronic discovery in federal cases.

Spousal maintenance guidelines become law in Illinois

By Mark S. Mathewson
September
2014
LawPulse
Page 418
A new law, effective January 1, removes uncertainty from most maintenance decisions by creating a formula for determining the size and duration of awards.

ACLU sues over reaction to fake mayoral twitter account

By Matthew Hector
August
2014
LawPulse
Page 366
The lawsuit alleges that the mayor and other officials conspired to violate the First and Fourth Amendment rights of accountholder and tweeter Jon Daniel.

E-discovery rule changes allow format choice, prevent abuse

By Matthew Hector
August
2014
LawPulse
Page 366
Among other things, recent amendments to Illinois Supreme Court Rules 201 and 214 empower courts to tailor discovery if the burden of the request outweighs the benefit.

Medical marijuana implementation a work in progress

By Janan Hanna
August
2014
LawPulse
Page 366
The law took effect January 1, but the rules that would make it available to patients were approved only last month.

When caregivers take

By Janan Hanna
August
2014
LawPulse
Page 366
A bill awaiting the governor's signature would protect seniors from being taken advantage of by a caregiver or court-appointed guardian.

Discourage juror tweets through admonishment, not punishment

By Janan Hanna
July
2014
LawPulse
Page 314
Authors of a Chicago-based study of jury behavior conclude that jurors actually listen to instructions from judges not to communicate about the case.

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.

Revised health care power of attorney awaits governor’s signature

By Janan Hanna
July
2014
LawPulse
Page 314
The new law amends the Illinois HCPOA, with the goal of making it easier for patients to understand and fill out the short form so that more of them will.

Scaring sexters straight

By Janan Hanna
July
2014
LawPulse
Page 314
While felony child pornography charges remain a possibility in appropriate cases, most sexting incidents are best handled less aggressively, experts agree.

Still no eavesdropping law in Illinois

By Janan Hanna
July
2014
LawPulse
Page 314
The Senate passed an eavesdropping bill before the spring session ended, but the House failed to agree.

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