Publications

Articles From 2004

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Grandparents granted the right to initiate child custody proceedings under IMDMA P.A. 093-1026

November
2004
Illinois Law Update
Page 568
The Illinois Marriage and Dissolution of Marriage Act has been amended by modifying the child custody proceeding requirements imposed by section 601(b)(4). 

Grant of the defendant’s motion to quash arrest and suppress evidence was affirmed because the seizure of evidence was unjustified under the plain-touch exception to the warrant requirement

July
2004
Illinois Law Update
Page 340
On April 2, 2004, the Second District Appellate Court affirmed the judgment of the Circuit Court of Kendall County, granting the defendant's motion to quash arrest and suppress evidence. 

Granting leave to amend a complaint does not constitute a final order, therefore a plaintiff’s right to take a voluntary dismissal is preserved

February
2004
Illinois Law Update
Page 70
On November 20, 2003, the Illinois Supreme Court reversed the judgments of the appellate and circuit courts, which denied the plaintiff's motion to voluntarily dismiss count III of a multi-count complaint. 

Hall v Henn discourages neighborliness, critics say

By Helen W. Gunnarsson
June
2004
LawPulse
Page 286
Critics fear that the supreme court's interpretation of an immunity statute will discourage landowners from making their property available to others.

A Hard Way to Make a Living

By Ole Bly Pace III
November
2004
Column
Page 560
The results of the ISBA law-firm economic survey are in.

Have Online Citators Made Print Obsolete?

By Phill Johnson
March
2004
Column
Page 155
Have we reached the point that using print citators to track the subsequent treatment of a case begs a malpractice suit?

Helping Employers Respond to Social Security Number “No-Match” Letters

By Alisa B. Arnoff
August
2004
Article
Page 429
Here's how lawyers can help employer clients protect themselves from actions by the feds and employees.

Higher discounts for voluntary filing of liquor tax returns and electronic funds transfers

November
2004
Illinois Law Update
Page 568
Effective on July 27, 2004, the Department of Revenue recently adopted amendments to 86 Ill Adm Code 420. 

Higher standard for challenging special use permits applies prospectively, court says

By Helen W. Gunnarsson
October
2004
LawPulse
Page 508
A second district case says the higher due process requirements do not apply retroactively.

Highlights of the 2004 ISBA Law Firm Economic Benchmarking Survey

By Virginia Grant
December
2004
Article
Page 624
How well are ISBA lawyers doing economically? Our recent economic survey provides answers to this and other questions.

Horse racing and breeding rules amended to provide for foals produced by embryo transplants

October
2004
Illinois Law Update
Page 514
The Illinois Department of Agriculture recently adopted amendments to 8 Ill Adm Code 290. These changes took effect on July 23, 2004. 

How Long Must Illinois Lawyers Retain Case Files?

By Anton F. Mikel
February
2004
Article
Page 76
A look at Illinois' murkey law dealing with who owns the contents of client files and how long lawyers have to keep them.

How the New Governmental Ethics Legislation Affects Lawyers

By Jim Covington
February
2004
Column
Page 68
If you practice before any of 32 state agencies and commissions or represent local governmental entities, take a close look at the newly enacted ethics-in-government legislation

How to Increase Your Personal Income

By Paul Sullivan
January
2004
Column
Page 45
The key: make sure you're recognized as an "expert," especially by prospective clients.

How to represent an apartment buyer

By Helen W. Gunnarsson
April
2004
LawPulse
Page 170
Contributors to an ISBA e-mail discussion group create a primer that describes what any attorney should insist upon when representing the buyer of an apartment building.

How to Respond to an ARDC Complaint

By Michael L. Shakman and Arthur W. Friedman
October
2004
Article
Page 530
You get the dreaded letter from the ARDC– what do you do? Here's a step-by-step guide.

Illinois adopts asthma prevention and control program P.A. 093-1015

December
2004
Illinois Law Update
Page 620
Effective August 24, 2004, the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois was amended by adding section 2310-338 to provide an asthma prevention and control program. 

Illinois Agencies on the Web

By Phill Johnson
September
2004
Column
Page 493
More and more information is available on state agency Web sites, much of it useful to lawyers and – best of all – free.

Illinois Future Teacher Corps Program Amended

April
2004
Illinois Law Update
Page 176
On January 25, 2004, the Illinois Student Assistance Commission adopted amendments to its Illinois Future Teacher Corps Program ("IFTC"). 

Illinois Military Family Relief Fund Act Implemented

January
2004
Illinois Law Update
Page 16
The Illinois Department of Military Affairs, pursuant to its authority under the Illinois Military Code, has adopted new regulations to provide monetary grants to families of Illinois National Guard members and Illinois residents serving in the Reserve components after the terrorist attacks of September 11, 2001.

Illinois’ new WARN law

By Helen W. Gunnarsson
November
2004
LawPulse
Page 562
There's already a federal law requiring employers to notify workers about layoffs and closing; effective January 1, there'll be a state law to go with it.

Illinois OKs speaking in (native) tongues in the workplace

By Helen W. Gunnarsson
January
2004
LawPulse
Page 10
Habla Espanol in the workplace? You can now with impunity, as long as it's your native language and you're talking about non-work-related matters.

Illinois pension recipients win at high court

By Helen W. Gunnarsson
August
2004
LawPulse
Page 390
The U.S. Supreme Court upholds ERISA's "anti-cutback" provision, ruling that pension plans can't retroactively limit the kinds of jobs workers can take after they retire.

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.

The Illinois Supreme Court’s Latest Last Word on Statutory Retroactivity

By Robert C. Feldmeier
May
2004
Article
Page 260
For the third time in 10 years, the Illinois Supreme Court has changed the rule governing when statutes apply to events and litigation that predate their enactment.

The Illinois Workers’ Compensation Commission

By Helen W. Gunnarsson
December
2004
LawPulse
Page 614
The Illinois Industrial Commission will get a new name to go with its new, more efficient approach to doing business, the chair says.

Illinois’ “zero tolerance law” does not deny equal protection or due process

July
2004
Illinois Law Update
Page 340
On April 15, 2004, the Illinois Supreme Court upheld the constitutionality of the "zero tolerance law," finding that it does not deny equal protection or due process. 

In order to satisfy the requirements of §5/18-2 of the Illinois Probate Act, a creditor must unequivocally demonstrate its intention to pursue a claim against the estate and not against the codebtor/administrator in his or her individual capacity.

March
2004
Illinois Law Update
Page 124
On December 18, 2003, the Appellate Court of Illinois, Fourth District, affirmed the trial court's judgment dismissing a creditor's claim against an estate as untimely.

An In-House Counsel’s Guide to Preserving Attorney-Client Privilege

By Joseph J. Siprut
November
2004
Article
Page 586
Steps company lawyer-business advisors can take to protect attorney-client privilege.

Increasing Your Civility Quotient

By Karen Erger
February
2004
Column
Page 103
Civility isn't just a nice thing; it is a hallmark of professionalism and a key component of malpractice prevention.

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