Publications

Articles From 2007

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No release of workers’ compensation claim where contrary to Illinois public policy

November
2007
Illinois Law Update
Page 576
On August 22, 2007, the Illinois Appellate Court, Second District, reversed the order of the Circuit Court of Du Page County and held that the defendants, John and Kelly Van Cleve, were entitled to judgment as a matter of law. 

No Supervision for Adult DUI Offenders Who Transport Minors?

By Ralph Strathmann
November
2007
Article
Page 596
A statute requiring prison time instead of court supervision for adult first-time DUI offenders who were transporting minors conflicts with existing law, this author argues.

Notice requirements for out-of-state Certified Public Accountants explained

May
2007
Illinois Law Update
Page 236
Effective February 15, 2007, the Illinois Department of Financial and Professional Regulation has amended 68 Ill Adm Code 1420. 

Nurse Educator Loan Repayment Program Implemented

September
2007
Illinois Law Update
Page 460
The Board of Education has created 23 Ill Adm Code 2758 to implement the Nurse Educator Loan Repayment Program, effective July 1, 2007. 

Of Principals and POAs: When Clients Need Protection from Themselves

By Helen W. Gunnarsson
November
2007
Article
Page 580
What can we do for elderly clients who aren't making good financial decisions because they aren't fully competent?

Opening Statements: Soup for the Jury’s Soul

By Hon. Ron Spears
February
2007
Column
Page 102
A good opening statement will shape jurors' perception of the case.

Oppositional depositions - telling your client not to answer

By Helen W. Gunnarsson
May
2007
LawPulse
Page 230
A recent federal case sheds light about when and how lawyers can counsel their clients to refuse to answer questions in a deposition.

An Overview of the Illinois Department of Financial and Professional Regulation

By Michael V. Favia and Marlene E. Siedlarz
August
2007
Article
Page 428
Attorneys representing doctors, dentists, and other licensees before the IDFPR need to know the agency's policies and procedures. Here's a primer.

Parent companies more vulnerable to suit for subsidiaries’ torts

By Helen W. Gunnarsson
April
2007
LawPulse
Page 170
Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.

Permanency Planning: Protecting Children from the Loss of Their Parents

By Sarah Unsicker
December
2007
Article
Page 656
How can Illinois parents plan for the possibility that they will die or otherwise not be there for their children? This article reviews the options.

Physical education exemption for special education students - PA 094-1098

July
2007
Illinois Law Update
Page 348
Section 27-6 of the School Code, 105 ILCS 5/27-6, has been amended by the Illinois General Assembly to allow physical education exemptions for special education students.

Pilot program for lifelong learning accounts established for health-care workers -PA 094-1006

May
2007
Illinois Law Update
Page 236
Last summer, the Illinois General Assembly added Section 605-430 to the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code. 20 ILCS 605/605-430. 

Pleading guilty online

By Helen W. Gunnarsson
May
2007
LawPulse
Page 230
New supreme court standards allow defendants in small traffic cases to plead guilty and pay up without a trip to the courthouse.

Please, Mr. Postman, Don’t Bring Me a Letter from the ARDC

By Helen W. Gunnarsson
March
2007
Article
Page 128
Odds are you'll be on the receiving end of an ARDC complaint. How should you respond?

POD and TOD accounts and your estate-planning arsenal

By Helen W. Gunnarsson
October
2007
LawPulse
Page 510
Payable/transfer-on-death accounts are handy probate-avoidance tools that can even be used to transfer real estate. Or can they?

Predatory lending database pilot program given a start date

March
2007
Illinois Law Update
Page 124
Effective December 21, 2006, the Department of Financial and Professional Regulation has added a new section to 38 Ill Adm Code 346. 

Predatory Lending: The Continuing Saga

By James K. Weston
October
2007
Column
Page 554
A new bill would redefine yet again the Illinois' anti-predatory-lending law.

Preserving the right to appeal an ambiguous ruling

By Helen W. Gunnarsson
July
2007
LawPulse
Page 342
What can you do to preserve your client's right to appeal when the trial court issues an order of ambiguous finality? The Waddick case may provide some lessons.

A Primer on Qualified Pension and Profit-Sharing Plans

By Stephen M. Margolin and Harvey S. Shifrin
July
2007
Article
Page 376
Pension and profit-sharing plans are more valuable than ever. Here's an overview for business advisors.

A pro-prosecution definition of “delay” under the Speedy Trial Act

By Helen W. Gunnarsson
January
2007
LawPulse
Page 8
Even some respected defense attorneys agree that the ruling will end form-over-substance gamesmanship.

Procedure for eminent domain by sanitary districts amended - PA 094-1106

June
2007
Illinois Law Update
Page 292
The Illinois Municipal Code changed 65 ILCS 5/11-147-1 by allowing a sanitary district and municipality to enter into a contract for use of the sanitary system even if the sanitary district and municipality are not adjacent. 

Professional licenses can be withheld for non-payment of taxes

August
2007
Illinois Law Update
Page 404
A new sub-section, 1100.560, has been added to 68 Ill Adm Code 1100, effective May 16, 2007. 

Public school services for special education students extended. PA 095-0014

September
2007
Illinois Law Update
Page 460
The Illinois General Assembly has amended the School Code to provide extended access to public school education for special education students.

Purchasers of condominiums at foreclosure sale to pay association fee - PA 094-1049

March
2007
Illinois Law Update
Page 124
Section 9 of the Condominium Property Act (Act) has been amended by adding paragraphs 4 and 5 to subsection (g). 765 ILCS 605/9(g). 

Putting a Spouse through School

By H. Joseph Gitlin
July
2007
Column
Page 386
It's easier for courts to compensate a divorcing spouse who put a partner through school.

Qualified physician must be present until medical discharge

August
2007
Illinois Law Update
Page 404
Sub-section 205.320 of 77 Ill Adm Code 205, titled "Ambulatory Surgical Treatment Center Licensing Requirements," has been amended, effective May 7, 2007. 

Race-Based School Assignments After Parents Involved in Community Schools

By Mark E. Wojcik
October
2007
Article
Page 526
The Supreme Court struck down a pair of race-based plans for assigning students to public schools. So what kinds of plans do pass constitutional muster?

Reforming Paternity Procedures: A Dannielynn in Illinois

By Professor Jeffrey A. Parness
June
2007
Column
Page 324
What would have happened if Anna Nicole Smith's daughter had been born in Illinois?

Remember to Give Back

By Joseph G. Bisceglia
November
2007
Column
Page 568
In a season of plenty, don't forget the less fortunate. Here are ways lawyers can help.

Retail merchants authorized to sell and process registration plates

April
2007
Illinois Law Update
Page 176
The Illinois Secretary of State has amended 92 Ill Adm Code 1010. The amendments allow "retail merchants" to be involved in selling and processing registration plates.

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