2013 Articles

Auction license holders will be able to obtain real estate auction certification to auction real estate

December
2013
Illinois Law Update
, Page 612
A person holding a valid license under the Auction License Act (225 ILCS 407/5 et seq.) and a valid real estate auction certification under newly added section 5-32 of the Real Estate License Act of 2000 (225 ILCS 454/5-32) may now conduct real estate auctions.

Automatic shutoff exceptions for certain underground storage tanks

November
2013
Illinois Law Update
, Page 560
The Illinois Office of the State Fire Marshal recently amended the requirements for petroleum underground storage tank ("UST") systems serving emergency power generators. 41 Ill. Adm. Code 175.

AVVO launches controversial lawyer bidding service

By Adam W. Lasker
February
2013
LawPulse
, Page 66
AVVO.com's new online service allowing lawyers to quote fees for prospective traffic-ticket clients sends the public the wrong message, ISBA-member critics complain.
1 comment (Most recent January 31, 2013)

Ban on zinc button batteries. PA 097-1107

April
2013
Illinois Law Update
, Page 176
Illinois lawmakers have amended the Mercury-added Product Prohibition Act to restrict the sale and distribution of zinc batteries. 410 ILCS 46/10 and 46/27.

Bank not negligent for processing fraudulent check

October
2013
Illinois Law Update
, Page 504
On July 31, 2013, the Third District Appellate Court held that a bank does not owe a common law duty of reasonable care when processing a fraudulent check.

The Battle Against Non-Lawyer Involvement in Legal Practice

By John E. Thies
January
2013
Column
, Page 8
How ISBA is fighting efforts to allow non-lawyer ownership.

Beware FATCA’s broad reach

By Adam W. Lasker
September
2013
LawPulse
, Page 446
Think a new law designed to ferret out taxable income parked offshore won't affect any of your clients? You might be unpleasantly surprised, tax experts warn.

Bill requires timely executed settlement releases in most civil cases

By Adam W. Lasker
September
2013
LawPulse
, Page 446
The law helps plaintiffs get timely settlement payments from "substandard" insurance companies, the chair of ISBA's Tort Section says.

Bill would eliminate “open-space” tax exemptions for recreational buildings

By Adam W. Lasker
March
2013
LawPulse
, Page 118
Should a busy clubhouse connected to a golf course be treated as "open space" and taxed at a low rate? Proposed legislation would end the judicially-created exemption.

Blogging, Marketing, and the Rules of Professional Conduct

By Charles J. Northrup
October
2013
Column
, Page 536
A recent Virginia case offers dos and don'ts for lawyer blogging.

Bump in social security benefits

December
2013
Illinois Law Update
, Page 612
The allowance for aged, blind, and disabled recipients of supplemental security income (SSI) recently increased from $519.90 to $531.90. 89 Ill. Adm. Code 113.

Caveat Emptor: Company B assumes fair-labor liability when it buys Company A

By Adam W. Lasker
August
2013
LawPulse
, Page 386
The federal successor-liability doctrine makes a buyer company responsible for the seller's Fair Labor Standards Act liability even if state law would hold otherwise, the seventh circuit rules.

Challenging a Trustee Plaintiff’s Standing to Maintain a Foreclosure Action in Illinois

By Damon Ritenhouse & Prashant Vallury
October
2013
Article
, Page 522
The authors describe a new strategy to help defend against trustee plaintiffs who may lack proper standing to bring a foreclosure suit.

Changes in election procedures due to religious observances authorized. PA 098-0004

August
2013
Illinois Law Update
, Page 392
Only for 2013, election authorities are being permitted to close early voting places on Good Sunday, Holy Saturday, and Easter Sunday, provided that these voting places remain open an additional two hours on the days of April 3, 4, and 5 of 2013. (10 ILCS/f/19A-15).

Changes in the Illinois Special Education Program and Services

October
2013
Illinois Law Update
, Page 504
The Illinois Department of Human Services recently adopted amendments affecting Illinois special education programs and their accompanying services. 89 Ill. Adm. Code 765.

Changes to Firearm Owners Identification Card procedures for certain individuals. PA 097-1131

February
2013
Illinois Law Update
, Page 72
A number of Acts related to the Firearm Owners Identification Card ("FOID card") have been changed to add new procedures and restrictions for individuals holding such cards and law enforcement agencies responsible for administering them.

Changes to law enforcement school drill requirements. PA 098-0048

September
2013
Illinois Law Update
, Page 452
Law enforcement drills involving evacuations or reverse-evacuations will now only consist of shooting incidents and will be geared towards preparing school personnel, and not students. 105 ILCS 128/20.

Changes to requirements for suppliers of riverboat gambling operations. PA 098-0012

August
2013
Illinois Law Update
, Page 392
Under the amended Riverboat Gambling Act, suppliers of gambling equipment to riverboat gambling operations have lessened requirements for providing source information on the products and devices supplied to these operations. 230 ILCS 10/8.

Changes to state procedures for sending property tax bills. PA 097-1084

March
2013
Illinois Law Update
, Page 124
Illinois lawmakers have amended the Property Tax Code to allow collectors to send property tax bills by way of e-mail upon the taxpayer's request.

Changes to the Child Health Examination Code

November
2013
Illinois Law Update
, Page 560
The Illinois Department of Public Health (the "Department") recently adopted amendments to rules that specify required immunizations for students entering kindergarten through twelfth grade. 77 Ill. Adm. Code 665.

Changes to the Newborn Metabolic Screening and Treatment Code

November
2013
Illinois Law Update
, Page 560
Effective July 31, 2013, the Department of Public Health (the "Department") amended the Newborn Metabolic Screening and Treatment Code by modifying its definitions section. See 77 Ill. Adm. Code. 661.

Changes to UCC forms

December
2013
Illinois Law Update
, Page 612
The Illinois Secretary of State recently updated the forms that may be used in UCC filings, and the font and case requirements for preparations of these forms. 14 Ill. Adm. Code 180.12.

Chicago event recognizes first national meeting of women lawyers

By Adam W. Lasker
August
2013
LawPulse
, Page 386
At an event this month, two female bar association presidents will help celebrate the 120th anniversary of the Chicago-based first national meeting of women lawyers.

Chicago-Kent’s solo-attorney incubator nurtures new lawyers

By Adam W. Lasker
January
2013
LawPulse
, Page 10
An innovative law school program gives a group of new admittees office space and real-world experience under the guidance of former profs.

Child sex offenders banned from participation in some holiday celebrations. PA 097-0699

May
2013
Illinois Law Update
, Page 228
Lawmakers have updated the Criminal Code of 1961 to add additional limitations to the activities of convicted child sex offenders in Illinois.

Coming soon: Illinois’ first statewide standardized court forms

By Adam W. Lasker
August
2013
LawPulse
, Page 386
Illinois is one of a very few states without statewide standardized court forms. That's beginning to change, thanks to the supreme court's Access to Justice Commission.
1 comment (Most recent August 2, 2013)

Concealed carry now law in Illinois. PA 098-0063

September
2013
Illinois Law Update
, Page 452
By enactment of the Firearm Concealed Carry Act, the state of Illinois may now issue licenses to carry concealed firearms to individuals 21 years of age and older who meet certain minimum qualifications and application requirements.

Corporate pleadings improper - but not void - when signed by non-attorney

By Adam W. Lasker
January
2013
LawPulse
, Page 10
In Downtown Disposal, the Illinois Supreme Court ruled that filings signed by a non-attorney are not null-and-void UPL and may be amended by lawyer.

Correspondence from Our Readers

December
2013
Column
, Page 602
More about Earlywine.

Correspondence from Our Readers

November
2013
Column
, Page 550
Cell phones behind the wheel, courthouse fashion, e-filing.