Publications

Articles From 2009

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Bloggers - endorse with care

By Helen W. Gunnarsson
December
2009
LawPulse
Page 598
The FTC has issued new guidelines governing product endorsements by bloggers.

Blogs for Dummies Immigrants

By Karen Erger
October
2009
Column
Page 526
What's a blog, you ask? Read on.

Budget Act makes changes to state programs to comply with federal stimulus package. PA 096-0008

July
2009
Illinois Law Update
Page 336
The Illinois General Assembly has enacted the FY2009 Budget Implementation (Spring Supplemental) Act to make necessary changes to state programs, so that the governor's supplemental budget for Fiscal Year 2009 can be implemented in keeping with the provisions of the federal economic stimulus package (the American Recovery and Reinvestment Act of 2009).

The Business Attorney’s Guide to Copyright Law

By J. Joseph McCoy
January
2009
Article
Page 36
As copyright interests grow increasingly valuable, businesses that fail to protect their creative works run high legal risks.

A Busy Autumn Lies Ahead

By John G. O’Brien
August
2009
Column
Page 384
A look at ISBA events coming this fall.

A Busy Year with More to Come from ISBA’s Young Lawyers

By John G. O’Brien
November
2009
Column
Page 544
With the bar year not half over, the ISBA YLD has been active on many fronts.

Changes made to ensure a minor’s access to counsel. PA 095-0846

January
2009
Illinois Law Update
Page 16
Illinois lawmakers amended section 5 of the Juvenile Court Act of 1987 to provide for an accused minor's access to legal counsel.

Changes made to the rules implementing the Medical Practice Act of 1987 regarding the use of lasers

June
2009
Illinois Law Update
Page 284
The Department of Financial and Profes-Regulation altered the rules implement- sional ing the Medical Practice Act of 1987, 225 ILCS 60, by adding a section addressing the use of lasers. 68 Ill Adm Code 1285. 

Changing Pension Beneficiaries After Divorce: It’s More Important After Kennedy

By Leon I. Finkel and Hailee R. Bloom
September
2009
Article
Page 462
Now ex-spouses must change the beneficiary designation after divorce or risk inadvertently enriching their former partners.

Chapter 7 is Alive and Well Despite the “Means Test”

By Matthew M. Benson
September
2009
Article
Page 470
The "means test," which was expected to render Chapter 7 bankruptcies largely unavailable, only affects a handful of debtors.

Claimants Beware: Strict Deadlines Limit Federal Employment Discrimination Suits

By Kevin Bennardo
June
2009
Article
Page 304
This article reviews the applicable laws - including the Ledbetter Act - and Illinois-based cases.

Clean air set-aside rules updated

July
2009
Illinois Law Update
Page 336
The Illinois Environmental Protection Agency adopted new standards to regulate clean air set-asides under Title 35 of the Illinois Administrative Code. 

Code of Civil Procedure provides another opportunity to file an action

April
2009
Illinois Law Update
Page 174
On January 29, 2009, the Illinois Appellate Court, First District, reversed and remanded the decision of the Circuit Court of Cook County ruling the third-party com plaint untimely under section 13-204 of the Illinois Code of Civil Procedure (735 ILCS 5/13-204 (2006)).

The Collateral Source Rule after Wills v Foster

By Jennifer L. Tweeton and Erin N. Graham
April
2009
Article
Page 184
A review of the supreme court’s decision in Wills, which allows plaintiffs to recover the “reasonable” (i.e., undiscounted) value of their medical expenses, even if paid by Medicare or some other third party.

Coming January 1: New Rules of Professional Conduct

By Helen W. Gunnarsson
August
2009
LawPulse
Page 386
Among other things, the new rules clarify that flat fees do not constitute frowned-upon "advance payment retainers," which is good news for most lawyers.

Commission to Study Disproportionate Justice Impact Act enacted. PA 095-0995

March
2009
Illinois Law Update
Page 122
Illinois lawmakers enacted the Commission to Study Disproportionate Justice Impact Act to assess the “nature and extent of the harm caused to minority communities” by certain provisions of the Illinois Vehicle Code (625 ILCS 5/ et seq), Criminal Code of 1961 (720 ILCS 5/ set seq), Cannabis Control Act (720 ILCS 550/ et seq) and other listed laws.

Committee studies codification of evidence rules

By Helen W. Gunnarsson
February
2009
LawPulse
Page 64
A new supreme court special committee is charged with devising a more convenient organizational scheme for the Illinois rules of evidence.

Community Care Program updated

March
2009
Illinois Law Update
Page 122
The Department on Aging amended Title 89 Ill Adm Code 240, which regulates social services and governs the Illinois Community Care Program.

Correspondence from Our Readers

October
2009
Column
Page 486
Dressing for distress - nylons and sandals;  Settlement agreements: do the release first.

Correspondence from Our Readers

By Anthony C. Raccuglia
May
2009
Column
Page 218
Fending off foreclosure - who controls the debt?; Don't allow parties to depose their own experts.

Correspondence from Our Readers

January
2009
Column
Page 6
Involuntary commitment; polygraphs and rape victims.

Could a “Clunker” Program Solve the Real Estate Lending Problem?

By James K. Weston
October
2009
Column
Page 530
How about letting homeowners trade in their high-interest mortgages for fixed-term models?

Counties Code amended to address public facilities. PA 095-1002

April
2009
Illinois Law Update
Page 174
The Illinois General Assembly amended section 5-1006.5 of the Counties Code by adding terms which address "public facilities" in the "Special County Retailers' Occupation Tax" provision.

Court’s failure to grant continuance plain error

By Helen W. Gunnarsson
March
2009
LawPulse
Page 116
The high court rules that a judge’s failure to grant defense counsel’s request for a continuance in a murder trial was plain error requiring a new trial.

Creative ways to fend off foreclosure

By Helen W. Gunnarsson
March
2009
LawPulse
Page 116
Two lawyers think outside the box to help clients hang on to their homes, one by negotiating with lenders, the other by leveraging the power of Chapter 13.

Crime victims may present victim impact statements in mental health commitment hearings. PA 096-0117

October
2009
Illinois Law Update
Page 496
Illinois lawmakers have amended the Rights of Crime Victims and Witnesses Act to allow for victims of a violent crime to submit impact statements in cases where the defendant has been found not guilty by reason of insanity.

A Critical Look at the Shaken Baby Syndrome

By Roger H. Kelly and Zachary M. Bravos
April
2009
Article
Page 200
Recent research shows that factors other than abuse may be the cause of damage thought to result from shaking, the authors argue.

Cross-Examination of Experts: Saving the Best for Trial

By Keith L. Davidson
February
2009
Article
Page 94
A veteran litigator warns against revealing so much during discovery that you limit your ability to effectively cross-examine experts at trial.

CTA notice requirement eliminated

By Helen W. Gunnarsson
July
2009
LawPulse
Page 330
Plaintiff’s lawyers are cheering the removal of a notice requirement they say functioned “as a shield against unsuspecting plaintiffs” with legitimate claims against the CTA.

Daniels v Corrigan: Compliance with the law Does not establish agency

By Justin Lee Heather
November
2009
Article
Page 580
This article analyzes the first district's rejection of a plaintiff's assertion that a cab driver was the agent of the cab company.

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