Illinois Bar Journal

Articles on Law Pulse

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.
2 comments (Most recent December 8, 2014)

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.
3 comments (Most recent October 26, 2014)

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.

Your client got a Getty Images demand letter? Here’s what to do

By Matthew Hector
November
2014
LawPulse
, Page 518
Getty Images is famous for sending fear-inducing copyright-infringement notices to individuals and small businesses. Here's what to do if your client gets one.
2 comments (Most recent October 28, 2014)

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?
1 comment (Most recent September 25, 2014)

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.
2 comments (Most recent February 20, 2015)

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.
1 comment (Most recent August 28, 2014)

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.
1 comment (Most recent July 8, 2014)

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.
3 comments (Most recent July 20, 2014)

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.

Condo unit owners can’t withhold payment

By Janan Hanna
June
2014
LawPulse
, Page 266
Condo unit owners may not withhold assessments even if the condo association fails to make repairs and perform maintenance, a divided Illinois Supreme Court rules.

Juvenile Justice, Part I: Automatic expungement of juvenile records

By Janan Hanna
June
2014
LawPulse
, Page 266
Proposed legislation would require the state police to expunge arrest records when juveniles turn 18 if they were never charged and have no recent arrests.
1 comment (Most recent June 3, 2014)

Juvenile Justice, Part II: An end to automatic transfers to adult court?

By Janan Hanna
June
2014
LawPulse
, Page 266
A legislative proposal would stop the automatic transfer of juveniles to adult court, requiring that judges determine whether the transfer is appropriate.

Unionized college football - is a Wildcat strike on the way?

By Janan Hanna
June
2014
LawPulse
, Page 266
What might the NLRB ruling in favor of Northwestern football players seeking to unionize mean for the players - and for collegiate sports? Lawyers for labor and management opine.

Bill would let nonlawyers represent taxpayers in county tax appeals

By Janan Hanna
May
2014
LawPulse
, Page 214
A now-dormant legislative proposal would authorize nonlawyers to represent taxpayers in county tax appeals. The ISBA is leading the fight against it.

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