Publications

Articles From 2004

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Relocation: the Evolving Standard

By H. Joseph Gitlin
October
2004
Column
Page 546
Illinois courts are fine tuning the standard for determining when to permit a custodial parent to move out of state.

Reporting Child Abuse and Neglect: Good Faith Immunity for Health Care Providers

By Theodore R. LeBlang
July
2004
Article
Page 356
A look at how recent cases have construed the nature and scope of the immunity.

Representing a Creditor in an Assignment for the Benefit of Creditors

By Bruce C. Scalambrino
May
2004
Article
Page 263
Here's how to look out for creditors' interests in a common law "ABC."

Requirements Imposed to be Considered a Responsible Bidder for Purposes of the Illinois Procurement Code P.A. 093-0642

August
2004
Illinois Law Update
Page 398
In order to be considered a responsible bidder on a construction contract, bidders must now comply with all requirements set forth by Section 5 of the Illinois Procurement Code and must present satisfactory evidence of compliance to the appropriate construction agency. 

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?

Retailers to provide report listing monthly liquor purchases

September
2004
Illinois Law Update
Page 456
The Illinois Department of Revenue recently adopted amendments to 86 Ill Adm Code 130. 

Revisions Made Regarding Custodial Interviewing and Death Penalty Sentencing P.A. 93-0605

July
2004
Illinois Law Update
Page 340
Effective immediately, a pilot program requiring the recording of custodial interviews of suspects will be established in four police stations in the State of Illinois.

Revisiting Bulger v CTA: the Case for Admitting Transportation Company Investigation Results

By Jeffrey K. Kroll and J. Ryan Potts
April
2004
Article
Page 210
The authors argue that a transporation company's investigation report should be admissible at trial.

Ring in the New Year with Better Client Relationships

By Karen Erger
December
2004
Column
Page 650
Ten reminders for 2005.

Rule 756 requires mandatory disclosure of malpractice coverage

By Helen W. Gunnarsson
August
2004
LawPulse
Page 390
What the new rule means – and could portend – for Illinois lawyers.

Rules Adopted by the Department of Labor

August
2004
Illinois Law Update
Page 398
The Illinois Department of Labor recently adopted section 320 of Title 56 of the Illinois Administrative Code.

School Districts May Recover Costs for Payments Made to Various Public Transportation Units for Regular, Vocational, and Special Education Student Transport P.A. 93-0663

June
2004
Illinois Law Update
Page 292
Each school year, school districts may recover expenditures made to a regional transportation authority, or any of its service boards, a mass transit district, or an urban transport district under intergovernmental agreements with the district to provide for transportation of pupils.

School districts not responsible for educational portion of delinquent minor’s residential placement

December
2004
Illinois Law Update
Page 620
On September 23, 2004, the Illinois Supreme Court affirmed the appellate court's reversal of an order requiring a school district to fund the educational component of a minor's residential placement. D. D., a special education student.

School Technology Program extended to include funds for computer furniture

December
2004
Illinois Law Update
Page 620
The Illinois State Board of Education recently adopted amendments to the School Technology Program, 23 Ill Adm Code 575, effective on September 17, 2004.

Sealing court records: what’s the standard in Illinois?

By Helen W. Gunnarsson
July
2004
LawPulse
Page 334
Surprisingly, no statute or supreme court rule sets forth standards for sealing court records from the public.

Serving as Court-Appointed Receiver for a Missing Lawyer: A Step-by-Step Guide

By John Cesario
August
2004
Article
Page 425
When a sole practitioner dies; Rule 776 allows the court to appoint a receiver to wind up the practice. Here's how.

Seven Steps to Better Computer Security

By Todd Flaming
February
2004
Column
Page 101
Want to make your office less vulnerable to computer viruses, hackers, and the like? Here's a seven-step program.

Sexual Morality and Children of Divorce

By H. Joseph Gitlin
September
2004
Article
Page 468
How does parents' post-marital sexual behavior affect their right to custody and visitation? A look at Illinois law.

Should Lawyers Use E-mail to Communicate with Clients?

By Helen W. Gunnarsson
November
2004
Article
Page 572
While some lawyers are nervous about exchanging unencrypted e-mail with clients, others say just do it.

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.

Standards Governing Compliance, Financial and Performance Audit Requirements Amended P.A. 93-0630

April
2004
Illinois Law Update
Page 176
Effective immediately, compliance audits are to be performed in accordance with attestation standards issued by the American Institute of Certified Public Accountants, related AICPA Statements on Standards for Attestation Engagements.

Standing, for the purpose of a will contest, is not something that the plaintiff must plead and prove; it is an affirmative defense which the defendant must establish

July
2004
Illinois Law Update
Page 340
On April 1, 2004, the Illinois Supreme Court affirmed the appellate court's determination that the plaintiff's will contest should not have been dismissed for lack of standing.

State Board of Education Amends Certification Requirements

January
2004
Illinois Law Update
Page 16
The Illinois State Board of Education recently adopted amendments to 23 Ill. Adm. Code 25. Effective October 20, 2003.

State Creates a Fund for Proceeds from Emissions Trading of Nitrogen Oxide Permits P.A. 93-0669

June
2004
Illinois Law Update
Page 292
Effective immediately, the Illinois Environmental Protection Agency (IEPA) may sell nitrogen oxide emissions permits to sources in Illinois as a means of meeting U.S. Environmental Protection Agency.

State Recognizes Non-Public Elementary and Secondary Schools on a Voluntary Basis P.A. 93-0018

June
2004
Illinois Law Update
Page 292
Effective immediately, the State Board of Education will provide for the registration and recognition of non-public elementary and secondary schools. Such schools may voluntarily register with the Board of Education on an annual basis.

State Repeals the Soft Drink Industry Fair Dealing Act P.A. 93-0631

May
2004
Illinois Law Update
Page 242
Effective immediately, the state has repealed the Soft Drink Industry Fair Dealing Act. 815 ILCS 730/Act rep.

State Requires Construction Contract Bidders to Meet Certain Labor Standards P.A. 93-0642

March
2004
Illinois Law Update
Page 124
Effective June 1st, in order to be considered a responsible bidder on a construction contract, a bidder must comply with and present evidence of compliance with certain standards. 

State Updates Public Accounting Act Requirements and Testing to Take Advantage of Computer Technolog; P.A. 93-0629

May
2004
Illinois Law Update
Page 242
Effective December 2003, information regarding the educational requirements, the application process, the examination, and fees connected to the Public Accounting exam became available on the Board of Examiner's web site, as well as in printed documents available from the board's office.

“Sunshine in Litigation” Legislation: Boon or Bane?

By Martin J. Healy Jr. and David P. Huber
March
2004
Article
Page 138
Proponents argue that the "sunshine" proposal before the General Assembly promotes public safety, while opponents charge that it puts trade secrets at risk.

Supreme court upholds constitutionality of unsafe-building demolition law

By Helen W. Gunnarsson
May
2004
LawPulse
Page 236
The supreme court held recently that municipalities can tear down unsafe buildings as soon as the circuit court enters a demolition order.

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