Publications

Articles From 2011

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Pages

The 2011 Rewrite of the Illinois Workers’ Compensation Act

By Richard D. Hannigan
August
2011
Article
Page 400
Make no mistake, this is not the workers' comp act you knew two months ago. This article highlights key changes.

2011 Spring Session Legislative Roundup

By Jim Covington
August
2011
Column
Page 392
A summary of key legislation from this year's session.

ABA Ethics, Part 1: new opinions on lawyer websites, e-mail/client confidentiality

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
New ethics opinions give helpful e-advice, particularly for lawyers with websites.

ABA ethics, Part 2: Proposed rules address admission on motion, MJP and more

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
Proposed ABA model rules speak to admission on motion, multijurisdictional practice, disclosure of confidential information, and choice of law provisions in lawyer-client agreements.

Absolute immunity for child reps

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
Immunity from liability is absolute for child representatives working within the scope of their court-appointed duties.

Accident reports to be provided to government agencies upon request. PA 096-1147

March
2011
Illinois Law Update
Page 124
The Illinois Vehicle Code has been amended to require the Department of Transportation to provide upon request copies of written accident reports to federal, state, and local agencies conducting highway safety research and studies. 625 ILCS 5/11-408.  

Active Duty Military: A Special Class of Distressed Homeowners

By Steven B. Bashaw
October
2011
Column
Page 532
Being forced to sell a home in this economy is a recipe for financial misery.

Administrative Agencies, Regionalized Perinatal Health Care Code, Public Health

May
2011
Illinois Law Update
Page 228
The Illinois Department of Public Health recently overhauled its rules regarding the Regionalized Perinatal Health Care Code. 77 Ill Adm Code 640.

Adoption in the Sunshine: Illinois’ Disclosure Law for Adult Adoptees

By Paul A. Rodrigues
August
2011
Article
Page 414
A look at the Illinois law that reverses years of presumptive confidentiality and gives adult adoptees access to their original birth certificates.

Adoption law pointers

By Helen W. Gunnarsson
September
2011
LawPulse
Page 434
The August Child Law Section newsletter includes an adoption law legislation roundup and helps lawyers help clients find birth parents and readopt after surrendering parental rights.

Advancing D&O Litigation Expenses: The Power of the Perk

By Jennifer A. Waters and Peter V. Baugher
January
2011
Article
Page 36
Many companies promise officers and directors an advance of litigation expenses for suits filed against them. But employers may be surprised by the potential costs of this perk.

An aggravated DUI charge based on trace evidence of methamphetamine did not require the state to show that impairment was the proximate cause of the victims’ deaths

July
2011
Illinois Law Update
Page 336
An appellate court erred when it reversed the conviction of a man convicted at trial of driving under the influence (DUI) even though there was no evidence of a casual link between impairment caused by a trace amount of methamphetamine and a car accident that killed two people. (See LawPulse in the June IBJ for more about Martin.)

All driver’s license applicants must provide social security numbers. PA 097-0263

October
2011
Illinois Law Update
Page 496
The Illinois Vehicle Code has been amended to remove the social security number exemption for all driver's license applicants. (625 ILCS 5/6-106, 6-110, and 6-510).

Amendments clarify and define standards for abuse and neglect of children

May
2011
Illinois Law Update
Page 228
The Department of Children and Family Services (department) recently amended regulations to address federal guidelines established under the Child Abuse Prevention Treatment Act.

Amendments to regulations governing barbershops and related entities

April
2011
Illinois Law Update
Page 180
The Department of Financial and Professional Regulation recently adopted amendments adding more stringent sanitary, safety and compliance standards for barbershops and other related entities including cosmetology centers.

‘Appy ‘Olidays!

By John G. Locallo
December
2011
Column
Page 602
Deck your smartphone with some of these lawyer-friendly apps.

Arbitration agreements unenforceable for lack of mutuality

November
2011
Illinois Law Update
Page 556
On August 18, 2011, the Appellate Court for the Fifth District of Illinois affirmed the circuit court's denial of a motion to compel arbitration.

Are courts cracking down on refusals to answer requests to admit?

By Helen W. Gunnarsson
February
2011
LawPulse
Page 66

Are Inherited IRAs Exempt from Creditors in Bankruptcy?

By Justin F. Polach
December
2011
Article
Page 628
Standard IRAs are exempt in bankruptcy and thus unavailable to creditors. But what if the debtor inherited the IRA account - is it likewise exempt? A look at the evolving case law.

Are Nonprofit Hospitals Charitable Institutions?

By Antonio Senagore
February
2011
Article
Page 96
Is a nonprofit hospital a "charitable use" that qualifies for a property tax exemption? The author reviews the Illinois Supreme Court's Provena decision and predicts its likely effects, one of which is legislation to protect hospitals.

Assaulting a probation officer constitutes aggravated assault. PA 096-1398

August
2011
Illinois Law Update
Page 388
Illinois lawmakers have amended the Criminal Code of 1961 to expand instances when an assault constitutes aggravated assault. 720 ILCS 5/12-2.

Attention estate planners: new Medicaid asset transfer rules finally adopted

By Helen W. Gunnarsson
November
2011
LawPulse
Page 550
New state regulations, passed in response to federal requirements after years of delay, make it harder for nursing home care recipients to both shelter assets and stay eligible for Medicaid.

Avoiding Legal Malpractice After Union Planters

By Matthew S. Dionne
June
2011
Article
Page 306
In Union Planters, the Illinois Appellate Court held that a legal malpractice plaintiff need not prove a "case-within-a-case" in an action arising out of transaction-based legal malpractice.  

B-DIT, B-DIT: Tax Planning More Thrilling than Michael Jackson

By Katarinna McBride
May
2011
Column
Page 262
Here's a new asset-protection strategy so cool you can dance to it.

Back seat passengers must wear seatbelts. PA 097-0016.

September
2011
Illinois Law Update
Page 440
The Illinois Vehicle Code has been amended to require all passengers to wear safety belts. (625 ILCS 5/12-603.1). Formerly, the requirement only applied to a driver, front seat passenger, and other riders under the age of 19.

Batson Objections to Peremptory Challenges: Don’t Sidestep the Three-Step Procedure

By John M. Broderick
April
2011
Article
Page 198
A party making a Batson objection to an opponent's peremptory challenge should have to show that removing the would-be juror amounts to purposeful racial discrimination, the author argues.

Berry and discovery depositions: hard cases make new rules

By Helen W. Gunnarsson
January
2011
LawPulse
Page 10

The bloody truth about DUI testing

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
Just because the state has blood test results to use against your DUI client doesn't mean the case is over, a defense lawyer argues.

Briefer Briefs: Writing and Speaking Tips from the Supreme Court

By Tom Gaylord
July
2011
Column
Page 368
Interviews with Supreme Court justices about effective advocacy are themselves good models.

Pages