Publications

Articles From 2007

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Assembly restricts federal government employment verification systems. PA 095-0138

December
2007
Illinois Law Update
Page 632
Section 12 has been added to the Right to Privacy in the Workplace Act, prohibiting employers from using employment verification systems, including the Basic Pilot program. 820 ILCS 55/12. 

Attorney Independence? Remember the Alamo!

By Hon. Ron Spears
May
2007
Column
Page 272
Let's stand up for lawyers who represent unpopular clients.

Attorney Mistakes, Client Losses: New Visions After Vision Point

By Professor Jeffrey A. Parness
December
2007
Column
Page 664
Courts should grant extensions for “good cause” failures to comply. So what’s “good cause”?

Attorney’s defamatory statement privilege applies to preliminary letter to employer

March
2007
Illinois Law Update
Page 124
On December 22, 2006, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's dismissal of the claims against the defendant attorney because his allegedly defamatory statements were privileged and made in good faith. 

Bad faith needed for defendant to receive attorney fees under the Consumer Fraud Act

March
2007
Illinois Law Update
Page 124
On December 21, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, and the Circuit Court of Cook County, striking the defendants' petition for fees.

Bar Service: You Get More than You Give

By Joseph G. Bisceglia
August
2007
Column
Page 396
Renew the idealism that inspired you to become a lawyer.

Basic “right to privacy” inherently includes interests of secrecy and seclusion

February
2007
Illinois Law Update
Page 72
On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 

Beyond the Regs: Illinois Administrative Law Online

By Tom Gaylord
July
2007
Column
Page 382
A look at state agency Web sites that offer the agency's administrative decisions and more.

Bill would make involuntary commitment easier

By Helen W. Gunnarsson
August
2007
LawPulse
Page 398
But critics of the legislation say lack of resources, not a too-high commitment standard, is the problem with Illinois' mental health system.

Bread Upon the Waters

By Irene F. Bahr
February
2007
Column
Page 64
Recently initiated programs will serve ISBA lawyers for years to come.

Burdens of Proof

By Hon. Ron Spears
November
2007
Column
Page 604
Defining burdens of proof can be hard. But they're easier to understand than to define.

Can lawyers patent their legal techniques?

By Helen W. Gunnarsson
July
2007
LawPulse
Page 342
A patent issued on an estate-planning technique has that bar buzzing.

Celebrating Women in the Profession

By Irene F. Bahr
April
2007
Column
Page 168
The third woman president of the ISBA celebrates the growing prominence of women lawyers

Challenging Summary Suspension When A Defendant’s License is Suspended, Revoked, or Expired

By Hon. Charles P. Burns and Jeff Chan
May
2007
Article
Page 262
Do these defendants have standing to challenge a summary suspension?

Challenging the Constitutionality of the Illinois Consecutive Sentencing Statute

By Patrick Gallagher
February
2007
Article
Page 96
The author argues that the Illinois consecutive sentencing statute violates the Sixth Amendment by allowing judges rather than jurors to make findings of fact that increase a defendant's punishment.

Changes made regarding background checks for workers at Community Living Facilities

March
2007
Illinois Law Update
Page 124
The Department of Health has amended 77 Ill Adm Code 370. The amendment pertains to Community Living Facilities and background checks that workers are given. 

Changes Made to Business Corporation Act

September
2007
Illinois Law Update
Page 460
The Secretary of State has amended the rules governing the Business Corporation Act (Act), 805 ILCS 5/1.01 et seq, and has added a section that concerns amending a previously filed annual report.

Changes made to Department of Human Rights procedures

February
2007
Illinois Law Update
Page 72
The Department of Human Rights (department) has amended 56 Ill Adm Code 2520 to clarify and change the rules governing department procedures that follow the filing of a charge under the Illinois Human Rights Act.

Changes made to rules governing issuance of CDLs

August
2007
Illinois Law Update
Page 404
The Secretary of State has promulgated new rules concerning the issuing of commercial driver's licenses (CDLs) by amending definitions and requirements in 92 Ill Adm Code 1040, titled "Cancellation, Revocation or Suspension of Licenses or Permits." 

Changes to rules governing advertising of life insurance and annuities

November
2007
Illinois Law Update
Page 576
Several sections of Title 50, Section 909 of the Illinois Administrative Code have been amended and a new section added. 

Changing demographics lead to amended Elder Abuse and Neglect Act - PA 094-1064

January
2007
Illinois Law Update
Page 14
Due to the aging demographic of the country and the increasing prevalence of elder abuse, the Illinois General Assembly (General Assembly) amended the Elder Abuse and Neglect Act. 

Choosing the Right Retirement Plan for Your Law Firm

By Michael R. Maryn
April
2007
Article
Page 198
A summary of leading tax-favored retirement plans, along with advice for selecting the best one for you and your firm.

Clean Coal FutureGen for Illinois Act passed. PA 095-0018

December
2007
Illinois Law Update
Page 632
The Illinois General Assembly has created the Clean Coal FutureGen for Illinois Act which provides “liability protection and permitting certainty to facilitate the siting of the FutureGen Project in the State of Illinois.” 

Collateral source rule and med bills - plaintiff’s, defense bar each win one

By Helen W. Gunnarsson
July
2007
LawPulse
Page 342
Two districts of the appellate court construe Arthur v Catour, holding that plaintiffs can recover only what Medicare and Medicaid paid the provider - not the larger, undiscounted amount billed - and allowing a physician's expert testimony that a medical bill was reasonable.

Combating Orders-of-Protection Abuse in Divorce

By Scott A. Lerner
November
2007
Article
Page 590
Differences in the order-of-protection process under the IMDMA and the Illinois Domestic Violence Act create an opportunity for petioners to gain an unfair advantage in divorce. 

Correspondence from Our Readers

December
2007
Column
Page 618
Returning phone calls, etc.

Correspondence from Our Readers

November
2007
Column
Page 566
 Anti-SLAPP law gives "unwarranted protection".

Correspondence from Our Readers

October
2007
Column
Page 506
Animal law and the ISBA; dogs and damages; KSR and patenting legal techniques  

Correspondence from Our Readers

September
2007
Column
Page 450
Medicare and Medicaid; not the same thing.

Correspondence from Our Readers

May
2007
Column
Page 226
Report ARDC letters to your malpractice carrier

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