Publications

Articles From 2009

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Making a Graceful Exit

By Helen W. Gunnarsson
May
2009
LawPulse
Page 220
Remember, the Former Employer From Hell still holds the power of a reference.

Making evidence meaningful

By Helen W. Gunnarsson
June
2009
LawPulse
Page 278
A veteran lawyer and trial judge tells litigators how to present evidence in a way that engages and wins over jurors.

Malpractice Top 40

By Karen Erger
August
2009
Column
Page 424
A review of chart-topping lawyer errors.

Managers’ Fiduciary Duty: Fixing the Illinois LLC Act

By Lin Hanson
September
2009
Column
Page 474
LLC members who exercise the power of a manager now owe a fiduciary duty to the company.

Mandatory retirement age for judges ruled unconstitutional

By Helen W. Gunnarsson
September
2009
LawPulse
Page 438
The Illinois Supreme Court rules that the statute requiring judges to retire at age 75 is unconstitutional and says mandating retirement for judges might require constitutional amendment.

Marital and Nonmarital Property: Calculating Reimbursements Under the IMDMA

By Roman J. Seckel
August
2009
Article
Page 412
A spouse's nonmarital estate can be reimbursed for contributions to the marital estate - and vice versa - but determining the value of those contributions can be tricky.

Measure of damages to pet may include the cost of veterinary care and treatment

March
2009
Illinois Law Update
Page 122
On December 31, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of Logan County awarding damages to the plaintiffs for tortious damage to their dog and modifying the damage award to equal the total costs of veterinary care required.

Memory Mastery

By Helen W. Gunnarsson
August
2009
LawPulse
Page 386
A presenter at the upcoming ISBA Solo and Small Firm Conference helps lawyers improve their memories and thereby enhance their practices.

A Message from the President-Elect

By John G. O’Brien
January
2009
Column
Page 8
Nominate Yourself for an ISBA Committee or Section

Missing Mortgage Funds and a Notary Conflict

By James K. Weston
July
2009
Column
Page 372
Financial institutions seem to be hoarding bailout money, not lending it.

New hearsay exception added for the intentional murder of a witness. PA 095-1004

February
2009
Illinois Law Update
Page 70
The Illinois General Assembly amended the Code of Criminal Procedure by adding section 115-10.6, which creates a new hearsay exception when evidence is offered against a party that has killed the declarant "intending to procure the unavailability of the declarant as a witness in a criminal or civil proceeding." 725 ILCS 5/115-10.6.

New law brings transparency to homestead assessments. PA 096-0122

November
2009
Illinois Law Update
Page 552
State lawmakers recently added new language to the state Property Tax Code to help homeowners understand and challenge changes in their property assessments. 

New Law Clarifies Illinois’ Sentencing Statutes

By John J. Cullerton, Peter G. Baroni, Daniel S. Mayerfield, Ryan J. Rohlfsen, and Paul H. Tzur
September
2009
Article
Page 466
A newly enacted reorganization of the Unified Code of Corrections helps bring sentencing up to date in Illinois.

New Law Promotes Private Trust-Administration Agreements

By Lyman W. Welch and Susan T. Bart
November
2009
Article
Page 562
The new Illinois virtual representation law allows more trustees and beneficiaries to resolve trust matters by private agreement.

New laws criminalize interference with the duties of a judicial officer. PA 095-1035

April
2009
Illinois Law Update
Page 174
Illinois lawmakers amended the Criminal Code of 1961 by adding two new sections making it a crime to interfere with the duties of a judicial officer, or attempt to bribe an officer's immediate family, staff, or other court employees. 720 ILCS 5/32-4e, 32-4f.

New lead and mercury labeling requirements PA 095-1019

June
2009
Illinois Law Update
Page 284
The Illinois General Assembly amended section 6 of the Lead Poisoning Prevention Act and added two new sections to the Mercury-added Product Prohibition Act. 410 ILCS 45/6, 410 ILCS 46/22, 23. 

New life insurance standards for reserve liabilities and nonforfeiture values

March
2009
Illinois Law Update
Page 122
The Department of Financial and Professional Regulation added a new Part to Title 50 entitled,Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values. 50 Ill Adm Code 1414, 32 Ill Reg. 19725. 

New open government legislation

By Helen W. Gunnarsson
July
2009
LawPulse
Page 330
A bill awaiting the governor’s signature would make the promise of open records real for more people, supporters say.

New program created to fund capital improvement projects for hospitals. PA 096-0037

September
2009
Illinois Law Update
Page 444
Illinois lawmakers have amended the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to create, subject to appropriation, a program to award grants to fund capital projects "to improve or renovate [a] hospital's facility or to improve, replace or acquire the hospital's equipment or technology." 

New RESPA Regulation Finally Arrives

By James K. Weston
January
2009
Column
Page 52
HUD has finally pushed out its RESPA regs. Here's an at-a-glance review.

New responsibilities for Electronic Registration and Titling Service Providers

January
2009
Illinois Law Update
Page 16
The Secretary of State amended section 1010.245 of Title 92, which deals with certificates of title and the registration of vehicles.   

New rules set standards for dementia care units

November
2009
Illinois Law Update
Page 552
The Department of Healthcare and Family Services (the department) recently adopted new rules creating a pilot program for Dementia Care Units in Supportive Living Facilities (SLF) across the state. 

New statute clarifies family law attorney-fee provisions

By Helen W. Gunnarsson
October
2009
LawPulse
Page 490

No after-the-fact extension of statute of limitations

By Helen W. Gunnarsson
November
2009
LawPulse
Page 546
The legislature can't revive a time-barred lawsuit by later extending the statute of limitations, the illinois Supreme Court holds.

No five-o’clock world for e-filing

By Helen W. Gunnarsson
January
2009
LawPulse
Page 10
Unless the rules specify otherwise, parties may electronically file up to midnight on deadline day with administrative agencies that permit e-filing, the supreme court holds.

No right to expungement for pardon recipients

By Helen W. Gunnarsson
May
2009
LawPulse
Page 220
Just because the the governor pardons you doesn't mean you're entitled to have your conviction expunged, the illinois Supreme Court held.

Nonlawyers in Administrative Adjudications

By Professor Jeffrey A. Parness
December
2009
Column
Page 636
Nonlawyers can represent an employer in administrative proceedings before the IDES.

Now More than Ever

By John G. O’Brien
July
2009
Column
Page 328
Tough economic times make ISBA membership essential to your practice.

Objections During Voir Dire Examination of Prospective Jurors

By Marc B. Stahl
January
2009
Article
Page 42
The Illinois legal community lacks a set of commonly understood, shorthand objections to identify improper questions during voir dire examination of prospective jurors.

Okay, are you really ready for the Red Flags Rule?

By Helen W. Gunnarsson
November
2009
LawPulse
Page 546
Implementation of the FTC's Red Flags rule, which requires lawyers to develop an identity theft prevention program, was postponed from August till November 1.

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