Publications

Articles From 2007

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Correspondence from Our Readers

April
2007
Column
Page 166
Keep morals in divorce practice.

Correspondence from Our Readers

March
2007
Column
Page 114
Series LLC Pitfalls.

Correspondence from Our Readers

January
2007
Column
Page 6
Don't be afraid to substitute judges.

Court holds “any and all damages” language key to indemnification clause’s unambiguity

May
2007
Illinois Law Update
Page 236
On March 8, 2007, the decision of the Circuit Court of Cook County was affirmed by the Illinois Appellate Court, First District. 

Court must assess best interests of child in considering contested removal agreement

May
2007
Illinois Law Update
Page 236
On March 8, 2007, the Illinois Appellate Court, Second District, reversed and remanded the decision of the Circuit Court of Lake County granting the petitioner's motion to dismiss the respondent's petition to enjoin removal of the parties' daughter Caylee. 

Court shows great deference to commission’s decisions in workers’ compensation cases

June
2007
Illinois Law Update
Page 292
On March 22, 2007, the Illinois Supreme Court affirmed the appellate court's holding that the findings of the Illinois Industrial Commission (Commission) in a worker's compensation action were not against the manifest weight of the evidence.

Court upholds support-arrearage payments at 60 percent of income

By Helen W. Gunnarsson
September
2007
LawPulse
Page 454
The third district upheld a ruling requiring an obligor to pay 60 percent of his income to pay off a child-support/maintenance arrearage totaling more that $200,000.

A Creditor’s Guide to Article 9 UCC Compliance

By Michael L. Weissman
April
2007
Article
Page 188
Here's what recent cases have to say about attachment and perfection pitfalls and other issues important to secured creditors.

Criminal defendants must be informed of right to counsel, Campbell says

By Helen W. Gunnarsson
January
2007
LawPulse
Page 8
A defendant's waiver of right to counsel was ineffective because the trial judge didn't inform him of the nature of the charges, the range of penalties, or his right to a lawyer.

CSI, Judge Judy and Civic Education

By Joseph G. Bisceglia
October
2007
Column
Page 508
Public fascination with the justice system gives lawyers an opening to teach lay people about the law.

Davis v Washington Narrows the Scope of “Testimonial” Hearsay

By Howard W. Anderson III
October
2007
Article
Page 546
Prosecutors can't introduce "testimonial" hearsay unless the defendant had a chance to cross-examine the unavailable declarant. Davis tells us when a statement is not "testimonial."

A Day for Justice

By Irene F. Bahr
May
2007
Column
Page 228
Raising awareness about judicial independence is more important than ever.

Day laborers protected under Minimum Wage Law -PA 094-1102

May
2007
Illinois Law Update
Page 236
The Illinois General Assembly (Assembly) has amended the Minimum Wage Law in order to protect the interests of day laborers and other short term employees. 

Deductions disallowed for transaction expenses between a taxpayer and certain persons

February
2007
Illinois Law Update
Page 72
The Illinois Department of Revenue has added a new section to 86 Ill Adm Code 100.

Defamation per se of candidate requires more than mean-spirited hyperbole

January
2007
Illinois Law Update
Page 14
The Illinois Appellate Court, Fifth District, recently affirmed the decision of the Circuit Court of Madison County, dismissing a defamation action brought by Maag, a judge in a retention election. 

Defining a Child-Support Payor’s “Net Income”

By Gregory C. Maksimuk
September
2007
Article
Page 478
What constitutes "net income" for purposes of calculating a payor's child-support obligation? A look at the cases.

Definition of neglected child expanded. PA 095-0443

November
2007
Illinois Law Update
Page 576
The Illinois General Assembly has amended Section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3. 

Deposition cross must remain within scope of direct

May
2007
Illinois Law Update
Page 236
On January 23, 2007, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Coles County, finding the circuit court had not abused its discretion in disallowing certain portions of deposition testimony offered by the defendant.

DHS staff must now report elderly self-neglect

August
2007
Illinois Law Update
Page 404
89 Ill Adm Code 10, "General Administrative Provisions," has been amended to add self-neglect to the list of elder abuse and neglect that department staff must report to the Department on Aging within 24 hours of discovery. 

Disciplining Attorneys and Other FLSA-Exempt Employees for Attendance Problems

By Jon D. McLaughlin
November
2007
Article
Page 600
Suppose your associate or paralegal shows up late for work. Can you dock her pay without transforming her fram an exempt to a nonexempt employee under the Fair Labor Standards Act?

Does the LLC Make the Illinois Close Corporation with S Election Obsolete?

By Gail Petravick and Coleen Troutman
October
2007
Article
Page 532
The LLC has many benefits and few negatives for closely held businesses. Will it make the Subchapter S election obsolete?

Does your order of dismissal do the job?

By Helen W. Gunnarsson
July
2007
LawPulse
Page 342
Case law from the United States Supreme Court and the seventh circuit interpreting the federal rules can make it hard for settling parties to draft orders of dismissal that allow the judge to retain jurisdiction.

Don’t Take Sides in a Divorce

By H. Joseph Gitlin
January
2007
Column
Page 48
 Lawyers serve their clients best when they are objective advocates, not sympathizing moralists.

Drafter beware

By Helen W. Gunnarsson
December
2007
LawPulse
Page 622
When it comes to drafting agreements for deed in lieu of foreclosure, you can’t be too careful.

The Dream and the Dreamkeeper(s)

By Irene F. Bahr
March
2007
Column
Page 116
Lawyers stand at the gates to challenge tyranny and abuse of power.

E-Discovery in Illinois Civil Actions

By Professor Jeffrey A. Parness
March
2007
Column
Page 150
Wholesale adoption of federal discovery rules by Illinois State courts may be unwise.

E-mail Ethics: An Audience with the Wizard

By Karen Erger
October
2007
Column
Page 552
Find out what to do if you misdirect an e-mail or reveal embarrassing metadata.

eDiscovery: A New Approach to Discovery in Federal and State Court

By Scott A. Carlson and Ronald L. Lipinski
April
2007
Article
Page 184
Changes in technology have altered the way lawyers deal with evidence. The electronic-discovery amendments to the federal rules reflect these changes.

Employers win pay-disparity case in Supreme Court

By Helen W. Gunnarsson
August
2007
LawPulse
Page 398
In Ledbetter, the Supreme Court rules that Title VII's filing deadline bars employment discrimination claims based on decisions that occurred outside the limitations period, even if the employee's current pay is lower because of the decisions.

Estate Planning for the Rest of Us

By Helen W. Gunnarsson
October
2007
Article
Page 520
Most people don't have estates large enough to owe tax when they die. But they still need estate-planning advice.

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