Publications

Articles From 2005

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Pages

The 2005 Amendments to The Illinois Mechanics Lien Act

By Howard M. Turner
December
2005
Article
Page 630
The changes make the act simpler and easier to understand, this author opines.

2005 Illinois Spring Session Roundup

By Jim Covington
August
2005
Column
Page 394
Brief summaries of bills lawyers should know about.

The 80/20 Rule of Legal Research

By Thomas Keefe
May
2005
Column
Page 258
The 80/20 rule has implications for how you do–and pay for–legal research.

The ABCs of D&O Insurance: An Illinois Lawyer’s Guide

By Anjali C. Das
June
2005
Article
Page 304
A look at common D&O policy provisions and exclusions with a view toward helping lawyers advise corporate clients.

The ABCs of QDROs

By Helen W. Gunnarsson
January
2005
Article
Page 18
QDROs are an increasingly painful – and important – part of practice. And ignoring them won't make the pain go away.

Accomplishments, Challenges, and Opportunities

By Ole Bly Pace III
June
2005
Column
Page 272
A reflection on the bar year.an for it.

Acts revised for trauma reporting PA094-0671

December
2005
Illinois Law Update
Page 622
The hospital Licensing Act (210 ILCS 85/1 et seq) has been amended to require more rigorous reporting of certain traumas sustained by patients under the age of majority.

Adding Insult to Overseas Injury: A Failure of the Forum Non Doctrine

By James E. Pfander
June
2005
Column
Page 314
Under current doctrine, foreign mass-tort plaintiffs are often left with little or nothing.

Additions made to activities child sex offenders may not engage in PA 093-0905

March
2005
Illinois Law Update
Page 116
Effective January 1, 2005, it is unlawful for a child sex offender to knowingly conduct or operate any type of business in which he or she photographs, videotapes, or takes a digital image of a child. 

Adjusted penalty for misuse of horse medication on race day

March
2005
Illinois Law Update
Page 116
The Illinois Racing Board recently amended 11 Ill Adm Code 603, effective December 1, 2004. 

Administrative Dissolution: Tearing a Hole in the Corporate Veil

By Lin Hanson
June
2005
Column
Page 312
Involuntary dissolution for failure to pay taxes or fees can put directors and officers at risk.

Admission of Facts in Discovery: Avoiding the Rule 216 Trap

By John J. Hynes
August
2005
Article
Page 402
Failure to comply with discovery requests can lead to dire consequences. Find out what's at stake and what to do about it.

Advantage to Creditor: Understanding Preference Actions and Available Defenses

By Edward S. Margolis
November
2005
Article
Page 590
The bankruptcy reform law adds some new pro-creditor wrinkles to defending preference actions.

All constitutional requirements must be met in order for property to qualify for a charitable-use property tax exemption

March
2005
Illinois Law Update
Page 116
On December 2, 2004, the Illinois Supreme Court reversed the orders of the appellate and circuit courts, which reversed the Illinois Department of Revenue's (Department) holding that the property in question was not tax exempt. 

Allowing Disparate Impact Claims Under the ADEA

By Lori D. Ecker and Joseph M. Gagliardo
April
2005
Article
Page 198
Will the U.S. Supreme Court allow older employees to prove age discrimination based on employers' facially neutral practices?

Amended insanity defense does not violate the equal protection clause of the Illinois Constitution

February
2005
Illinois Law Update
Page 68
On November 19, 2004, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Du Page County, denying the defendant's motion for a new trial and sentencing him to jail for 45 years.

Amended requirements for telecommunications carriers to receive grants

May
2005
Illinois Law Update
Page 232
The Illinois Commerce Commission amended 83 Ill Adm Code 759, effective March 1, 2005.

Amendments to North Point Marina vendor identification and access

April
2005
Illinois Law Update
Page 170
Effective January 10, 2005, 17 Ill Adm Code 230 has been amended by the Department of Natural Resources to add requirements for North Point Marina vendors.

Anti-predatory-lending statute takes effect January 1

By Helen W. Gunnarsson
December
2005
LawPulse
Page 614
An amendment to the Real Property Disclosure Act will create a new predatory lending database. But some worry that it could unintentionally penalize good-guy lenders in targeted neighborhoods.

Appellate Jurisdiction Over Child Protection Orders

By Charles P. Goldbert and Kass A. Plain
September
2005
Article
Page 466
When can lawyers for parents, children, and other parties seek appellate review in child protection cases? This article discusses the details.

Apportioning Liability in Third-Party Cases: Recent Issues

By Elliot R. Schiff
January
2005
Article
Page 38
The author recommends that nonparties, settling defendants, and plaintiffs not be considered when apportioning liability.

Are series LLCs right for your clients?

By Helen W. Gunnarsson
November
2005
LawPulse
Page 558
This form of business organization, newly authorized in Illinois, can help some clients limit personal liability while enjoying certain advantages of partnership.

Are You a “Rules Lawyer”?

By Karen Erger
December
2005
Column
Page 650
You'd better be. Test your knowledge of the Rules of Professional Conduct and stay on the ARDC's good side.

Attorney has no right to contingency agreement fees if client does not appeal unfavorable decision

November
2005
Illinois Law Update
Page 564
On August 5, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County dismissing the plaintiff's complaint. 

Attorney-Approval Clauses and Residential Real Estate Contracts: Mere Modification or More?

By Helen W. Gunnarsson
February
2005
Article
Page 72
Most home-sale contracts empower attorneys to propose modifications. But do those "proposals" effectively nullify the contract?

Attorney-client privilege waived when the party asserting the privilege places the privileged communication directly at issue in the case

January
2005
Illinois Law Update
Page 14
On November 5, 2004, the Illinois Appellate Court, Second District, affirmed in part, vacated in part, and remanded the Circuit Court of Lake County's decision to grant the defendant's discovery motion requesting access to communications between the plaintiff's husband and a medical malpractice attorney. 

Avery Raises Doubts About the Class Action Fairness Act

By James E. Pfander
December
2005
Column
Page 648
The supreme court's recent class-action certification case calls the need for CAFA into question.

Avoiding the Cliff-Hanger Ending

By Karen Erger
February
2005
Column
Page 96
Beware: dissolving law firm can end up sans malpractice coverage.

The Bankruptcy Abuse Reduction Fiasco?

By Helen W. Gunnarsson
June
2005
LawPulse
Page 274
Here's a thumbnail sketch of the new Bankruptcy Act provisions that place new burdens on lawyers to verify information in clients' petitions.

Bankruptcy Reform for Non-Bankruptcy Lawyers

By Bruce C. Scalambrino
October
2005
Article
Page 518
Though bankruptcy reform may be bad news for consumers and their attorneys, creditors will find much to like in the new law.

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