Publications

Articles From 2012

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Pheasant, partridge, quail, and rabbit hunting regs amended

December
2012
Illinois Law Update
Page 632
The Department of Natural Resources (the "DNR") recently adopted amendments to the regulations hunting of cock pheasant, Hungarian partridge, bobwhite quail, and rabbits.

Photos of sex with a 17-year-old are illegal even though underlying sex acts are not

By Adam W. Lasker
August
2012
LawPulse
Page 398
The Illinois Supreme Court finds the state has a rational basis for outlawing photos of a 17-year-old's sex acts, though the underlying sex acts were consensual and thus lawful.

Planning for Retirement: A Life Guide for Attorneys

By Gary R. Gehlbach
October
2012
Article
Page 530
As attorneys age and the practice of law becomes more challenging, retirement beckons for many. Planning for that day, however, should be an early-career project.

Practitioners and title industry unite to iron out new TODI law

By Adam W. Lasker
April
2012
LawPulse
Page 178
Title companies are working with drafters of the new transfer-on-death-instrument law to clear up questions and help prevent uncertainty.

A Practitioner’s Guide to Expunging and Sealing Criminal Records in Illinois

By Joshua D. Carter
December
2012
Article
Page 642
Clearing criminal records is important business for many clients – here's a quick guide.

Preventing Deposition Abuse in Illinois

By Jeffrey A. Parness
March
2012
Column
Page 162
Illinois courts should require prediscovery conferrals and other deposition-management techniques, the author opines.

Program review for private colleges and universities

July
2012
Illinois Law Update
Page 352
The Board of Higher Education (“the Board”) recently adopted amendments to the regulations governing private colleges and universities. 23 Ill. Adm. Code 1030.

Promotion of breastfeeding is now mandatory in hospitals providing birthing services. PA 097-0713

September
2012
Illinois Law Update
Page 464
Illinois lawmakers have enacted the Hospital Infant Feeding Act, which states that every hospital providing birthing services must implement an infant feeding policy that promotes breastfeeding.

Proposal would stop employers from seeking social network passwords

By Adam W. Lasker
May
2012
LawPulse
Page 234
Proposed legislation would forbid employers from asking for employees' and job applicants' social-media passwords, but some lawyers argue for a public-safety exception.

Protecting anonymous online speakers: Stone v Paddock Publications

By Helen W. Gunnarsson
January
2012
LawPulse
Page 10
Plaintiffs seeking pre-suit discovery to unmask the anonymous online posters who allegedly libeled them must first state facts that support a defamation claim, the first district held.

Protection against harassment for the victims of sex crimes. PA 097-0468

June
2012
Illinois Law Update
Page 292
Illinois lawmakers have amended the Criminal Code of 1961 to protect victims of sex crimes and their family members from harassment (720 ILCS 5/12-7.4).

Qualified defamation privilege applies to statements in condominium assessment lien

July
2012
Illinois Law Update
Page 352
On May 17, 2012, the first district appellate court held that statements made in a condominium assessment lien are not absolutely privileged when the condominium association does not enforce the lien by judicial foreclosure.

Rabbit hunting season may be extended by one month. PA 097-1001

November
2012
Illinois Law Update
Page 580
The Illinois Wildlife Code has been amended to extend the possible open hunting season for cottontail, jack, and swamp rabbits (520 ILCS 5/2.27).

Radon testing required at least once every three years in day care centers. PA 097-0981

November
2012
Illinois Law Update
Page 580
Illinois lawmakers have amended the Child Care Act of 1969 by adding section 5.8. 225 ILCS 10/5.8. Beginning January 1, 2013, licensed day care centers, licensed day care homes, and licensed group day care homes must be tested for radon at least once every three years in accordance with the Illinois Emergency Management Agency.

Railroads owe no duty of care to children who climb on moving trains

By Adam W. Lasker
November
2012
LawPulse
Page 574
The supreme court rules that moving freight trains pose an open and obvious danger to child trespassers.

Raising the Ante(Diluvian)

By Karen Erger
February
2012
Column
Page 108
More about the pros and cons of e-calendars.

Ready to Lead? Nominate Yourself for an ISBA Committee or Council

By Paula H. Holderman
December
2012
Column
Page 625

Real Estate and Malpractice

By Karen Erger
December
2012
Column
Page 662
Real estate law now generates more claims than any other practice area.

The Real Prisoner’s Dilemma

By Hon. Ron Spears
August
2012
Column
Page 442
Defendants have a Constitutional right to effective counsel during plea bargains.

Recovering Attorney Fees for Defending Frivolous Claims

By Monte L. Mann and John Haarlow Jr.
September
2012
Article
Page 474
There are two routes to attorney fees for defending frivolous claims - a motion for Rule 137 sanctions and, rarely, a malicious prosecution claim. Here's a look at both.

Recovery for damage to local government-owned roadway property. PA 097-0373

June
2012
Illinois Law Update
Page 292
Illinois lawmakers have amended the Illinois Highway Code to allow local governments to request recovery for the costs of repairing or replacing damaged or destroyed local government-owned roadway property.

Registration of Smaller Sources Program

March
2012
Illinois Law Update
Page 132
The Illinois Pollution Control Board ("the Board") created a new Registration of Smaller Sources (ROSS) Program intended to simplify air regulatory requirements by requiring sources with low emissions to register with the Illinois Environmental Protection Agency ("the Agency") rather than requiring an air permit as authorized by sections 9.14 and 27 of the Environmental Protection Act. 35 Ill Adm Code 201.175.

The Revestment Doctrine: Alive and Well or On Its Last Legs?

By Kristopher N. Classen
February
2012
Article
Page 94
Under the revestment doctrine, litigants can "revest" the trial court with otherwise expired jurisdiction by participating in a case without objection 30 or more days after entry of the final order. But recent rulings draw the viability of the doctrine into question.

Rules committee hears proposals on divorce, criminal law, evidence issues

By Helen W. Gunnarsson
January
2012
LawPulse
Page 10
Proposals address financial disclosure in divorce, how judges describe defendants' decision not to testify, and how to handle inadvertent disclosure of documents.

Savings are not ‘income’ for child-support calculation

By Adam W. Lasker
July
2012
LawPulse
Page 346
The Illinois Supreme Court rules that a noncustodial parent’s savings are not “income” but can nonetheless be used for support if circumstances warrant.

Savings withdrawals do not qualify as net income for child support calculations

August
2012
Illinois Law Update
Page 404
On May 24, 2012, the Illinois Supreme Court held that, for purposes of determining child support under section 505 of the Illinois Marriage and Dissolution of Marriage Act ("the Act"), an individual does not have net income when withdrawing money from a personal savings account.

School immunization records shall be made publicly available. PA 097-0910

November
2012
Illinois Law Update
Page 580
Illinois lawmakers have amended the School Code (105 ILCS 5/27-8.1), requiring all public school districts and registered nonpublic schools to make immunization records publicly available by December 1 of each year.

Schools to collect data on active duty parents. PA 097-0505

August
2012
Illinois Law Update
Page 404
The General Assembly has amended the School Code to introduce a new school survey (105 ILCS 5/22-65 new).

Secretary of State empowered to terminate fraudulent financing statements

By Adam W. Lasker
October
2012
LawPulse
Page 514
An amendment to the Illinois UCC penalizes filing of false financing statements or liens and gives the secretary of state authority to investigate, punish, and even terminate false filings.

Service of process not required for adoption defendants under age 14. PA 097-0988

December
2012
Illinois Law Update
Page 632
The Illinois Adoption Act has been amended to provide that service of process is not required for minor defendants to an adoption proceeding who are a) under the age of 14 and b) have been or will be appointed a guardian ad litem under the Act. 750 ILCS 50/7.

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