Publications

Articles From 2012

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Curbing abuse of arrest warrants for debtors

By Helen W. Gunnarsson
February
2012
LawPulse
Page 70
The attorney general's office and a circuit court judge describe steps they're taking to help prevent debtors from being unfairly jailed for failure to pay.

The Dangers of Litigating in the Media

By Richard L. Miller II
January
2012
Article
Page 42
A look at the risks your client takes by publicly discussing an ongoing case and why doing so is usually a bad idea.

The DCFS youth scholarship recipient pool has been expanded. PA 097-0799

September
2012
Illinois Law Update
Page 464
The youth to whom the Department of Children and Family Services may award its available scholarship and fee waivers has been expanded.

Debate continues over controversial mechanics lien bill

By Adam W. Lasker
November
2012
LawPulse
Page 574
An attempt to legislatively overturn a recent supreme court ruling is pitting developers against bankers over whose claims have priority in foreclosure sales.

Defendant’s prior conviction for domestic battery admissible at murder trial

By Adam W. Lasker
May
2012
LawPulse
Page 234
In People v. Chapman, the supreme court upheld admission into evidence of the defendant's earlier conviction for domestic battery of the woman he was accused of murdering.

Defending Your Principals: Suing Agents Under the Revised Illinois Power of Attorney Act

By Ray J. Koenig and MacKenzie A. Hyde
October
2012
Article
Page 548
Suits against POA agents for breach of fiduciary duty and other claims are growing more common. Here's an in-depth review.

Definition of “service organization” includes safety inspectors

August
2012
Illinois Law Update
Page 404
On May 18, 2012, the first district of the Illinois Appellate Court clarified the meaning of a "service organization" as defined in section 5(a) of the Workers' Compensation Act's ("Act") exclusive remedy provision (820 ILCS 305/5(a)).

The Discontented Lawyer: A Call for a New Professionalism

By Cheryl Niro
November
2012
Article
Page 604
Research indicates that much of our lawyerly unhappiness is wired into us. But that doesn't mean we should give up on greater professional and personal satisfaction.

Do Supreme Court Matrimonial Interrogatories Call for Legal Conclusions?

By Joseph Gitlin
July
2012
Column
Page 384
How can we expect lay people to know what is and isn't "marital" and "nonmarital" property?

The Dodd-Frank Act’s Impact on Consumer Litigation

By Donna M. Goelz and Timothy J. Howard
February
2012
Article
Page 100
Dodd-Frank is the most comprehensive overhaul of the financial services industry in recent history. Here's what it means for businesses and consumer finance litigators.

Drivers may not use cell phones within 500 feet of an emergency scene. PA 097-0828

October
2012
Illinois Law Update
Page 520
Illinois lawmakers have amended section 12-610.1 of the Illinois Vehicle Code to prohibit anyone, at anytime, regardless of age, from using a wireless telephone while operating a motor vehicle within 500 feet of an emergency scene (625 ILCS 5/12).

Dynasty Trusts for Everyone

By Mary D. Cascino
August
2012
Column
Page 440
Dynasty trusts give even those of ordinary means a way to minimize estate taxes prospectively.

E-filing debuts at the supreme court

By Adam W. Lasker
March
2012
LawPulse
Page 126
The AG and appellate defender and prosecutor may now file documents electronically with the supreme court in an early step toward modernizing judicial-system technology.

Electric vehicle car sharing grants

December
2012
Illinois Law Update
Page 632
The recently amended Alternative Fuels Program ("AFP"), executing and as authorized by Sections 15 and 30 of the Alternate Fuels Act [415 ILCS 120/15 and 30], governs procedures for applying for alternate fuel vehicle rebates and electric vehicle car sharing grants. 35 Ill. Admin. Code 275.

Emergency Medical Services Access Law grants immunity from prosecution to those who experience or report drug overdoses. PA 097-0678

April
2012
Illinois Law Update
Page 184
Illinois lawmakers have amended the Illinois Controlled Substances Act (720 ILCS 570/414 new), the Methamphetamine Control and Community Protection Act (720 ILCS 646/115 new), and the Unified Code of Corrections (730 ILCS 5/5-5-3.1) in an effort to decrease drug-overdose deaths.

Eminent Domain: A New Valuation Timetable

By James M. Wagner and Patrick J. Kelly
September
2012
Article
Page 486
A recent case holds that compensation must reflect the value of the property when the payment is made, not earlier when the condemnation complaint was filed.

Employee must have opportunity to contest student loan obligation prior to garnishment. PA 097-0950

November
2012
Illinois Law Update
Page 580
The Higher Education Student Assistance Act (110 ILCS 947/80l-5) now requires the Illinois Student Assistance Commission to give a debtor employee notice before garnishing any of the following: a) salary, b) wages, c) commission, or d) bonuses.

Employer may not offset workers’ compensation award with credit

April
2012
Illinois Law Update
Page 184
An employer may not offset a benefits award with an excess credit under § 19(g) of the Illinois Workers' Compensation Act, according to a February 2, 2012 Illinois Appellate Court ruling.

Employment and Labor Law Resources for Illinois Attorneys

By Tom Gaylord
July
2012
Column
Page 382
Illinois-specific resources for labor and employment lawyers.

Employment covenants not to compete: the high court lays down the law

By Helen W. Gunnarsson
January
2012
LawPulse
Page 10
Rumors of the death of the legitimate-business-interest test as a measure for determining the legitimacy of restrictive covenants were greatly exaggerated, the supreme court says.

Enforcing Non-Compete Clauses in Illinois after Reliable Fire

By Kelly M. Greco, David J. Fish, and Shannon Barnaby
April
2012
Article
Page 196
A look at enforcing restrictive covenants in the wake of the Illinois Supreme Court's Reliable Fire ruling, complete with practice tips for lawyers on both sides of a non-compete case.

Estate Planning for 2012: Looming Lower Gift Tax Exclusion Limits

By David A. Berek
February
2012
Column
Page 110
Encourage wealthy clients to give tax-avoiding gifts now.

Ethics Hotspots in Client Relations

By Bonnie Booth
May
2012
Article
Page 244
Returning phone calls, carefully defining your scope of representation - such client-friendly behavior isn't just good business practice, it can keep the ARDC from your door.

Ethics Puzzlers: Facebook, Fees, and More

By Peter L. Rotskoff and Melinda J. Bentley
February
2012
Article
Page 84
What if opposing counsel wins a continuance to go to a funeral but takes an island vacation instead (and posts photos on Facebook)? Ethics authorities explore these and other hypotheticals.

Ex-husband lacks standing to sue for custody of former wife’s adopted child

April
2012
Illinois Law Update
Page 184
A person lacks standing to sue for custody when he is neither the biological parent nor the legal adopted parent of the child so long as the child is found in the custody of a legally recognized parent or guardian who is acting in the best interests of the child.

Exhaustion of Administrative Remedies in Property Tax Assessment Appeals after Millennium Park

By Antonio Senagore
August
2012
Article
Page 434
The Illinois Supreme Court recently held that a taxpayer could skip the administrative appeal process and challenge a property tax assessment directly in circuit court.

Failure to pursue rulings on pre-trial motions can be ineffective assistance of counsel

By Adam W. Lasker
May
2012
LawPulse
Page 234
A new supreme court criminal case underscores the importance of challenging - and if necessary, appealing - a judge's failure to rule on pre-trial evidentiary motions.

Family Law Practice-Management Tips

By H. Joseph Gitlin
January
2012
Column
Page 50
A veteran family lawyer offers rules for practice success.

Federal Administrative Law, Part 3: Agency Adjudications

By Tom Gaylord
March
2012
Column
Page 160
Federal agency adjudicatory decisions used to be hard to find, but now most are on the web.

Federal court: illegal alien’s recovery limited to foreign earning potential

By Adam W. Lasker
December
2012
LawPulse
Page 626
An undocumented alien can sue his former employer, but his recovery for future earnings is limited to what he could make outside of the U.S., an Illinois-based federal court ruled.

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