Publications

Articles From 2013

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Electric utility environmental disclosures may now be made electronically or through the mail. PA 097-1092

January
2013
Illinois Law Update
Page 16
The General Assembly has amended the Public Utilities Act to alter the environmental disclosure delivery requirements.

Electronic communications made through city council members’ personal devices during public meetings are subject to FOIA

October
2013
Illinois Law Update
Page 504
On July 16, 2013, the Fourth District Appellate Court upheld a binding opinion issued by the Illinois Attorney General that found text messages and emails sent or received from city council members' personal devices during public meetings were public records subject to disclosure under the Illinois Freedom of Information Act ("FOIA"). 5 ILCS 140 et seq. (2010).

Electronic filing continues to expand in Cook County

By Adam W. Lasker
October
2013
LawPulse
Page 498
Five court divisions and nearly 16,000 registrants are participants in the Cook County Circuit Court's e-filing program.

Electronic insurance cards now accepted

November
2013
Illinois Law Update
Page 560
The Illinois Vehicle Code has been amended to allow for the electronic display of insurance information for the proof of insurance that is required to be carried in the vehicle. 625 ILCS 5/7-602.

Electronic Medical Records: Metadata As Evidence in Litigation

By James G. Meyer, Jonathan P. Tomes, and Lee Neubecker
August
2013
Article
Page 422
Unlike paper files, electronic medical records contain autogenerated metadata that can make or break a case. Here's what to look for.

Emergency Procedures for Malpractice Survival

By Karen Erger
December
2013
Column
Page 644
Prepare for the unlikely event of malpractice - alleged or real.

Employee or Independent Contractor?

By Mark S. Mathewson
August
2013
Column
Page 429
An ISBA CLE program helps general practitioners distinguish the two.

Employers and Concealed Carry; Mortgage Scams

October
2013
Column
Page 535
It's time for employers to start designing workplace rules to accommodate concealed carry.

Employers and Immigration Law: Be Careful Who You Hire - and Who You Don’t

By Douglas A. Hass
July
2013
Article
Page 360
Employers are barred from hiring people not legally authorized to work in the U.S. They're also forbidden from discriminating against noncitizens. Here's how they can avoid the squeeze.

Employers barred from requesting social media passwords. PA 097-0875

May
2013
Illinois Law Update
Page 228
Illinois employers are now prohibited from requesting or requiring password or account information or demanding access to employees' or prospective employees' social networking profiles. 820 ILCS 55/10.

Encouraging collaboration between farmers’ markets and convention centers. PA 097-1015

July
2013
Illinois Law Update
Page 336
The Illinois General Assembly passed a resolution effective this year to encourage collaboration between farmers' markets and convention centers.

Enforcing night speed limits on the Fox Chain O’Lakes

October
2013
Illinois Law Update
Page 504
Effective July 5, 2013, the Illinois Department of Natural Resources adopted an amendment which allows Conservation Police Officers and local law enforcement officers to enforce the night speed limits designated by the Fox Waterway Agency on the Fox Chain O'Lakes. 17 Ill. Adm. Code 2030.30(g)(2).

Enhanced remedies for victims of autodialers

December
2013
Illinois Law Update
Page 612
Residential telephone subscribers who receive a call from an autodialer in violation of the Automatic Telephone Dialers Act, which includes receiving such a call between the hours of 9 p.m. and 9 a.m., will now be able to bring an action for statutory damages.

Environmental Law Resources for Illinois Attorneys

By Tom Gaylord
May
2013
Column
Page 260
There's a plenty of free, online primary environmental law.

Estate Planning for Clients Who Don’t

By Regina Rathnau
March
2013
Article
Page 138
Even when clients resist comprehensive estate planning you can help them better prepare for the inevitable.

Ethics and Email Discussion Groups

By Christina J. Oleson
September
2013
Article
Page 464
Email discussion groups let you get quick answers from fellow lawyers, but they pose ethical pitfalls. Here's how to avoid trouble.

Ethics and the Unsolicited Email

By Charles J. Northrup
July
2013
Column
Page 370
You don't have to respond to unsolicited email, but there's a right way if you do.

The Ethics of Lost Laptops, Cloud Computing

By Mark S. Mathewson
November
2013
Column
Page 588
What duty do you have to clients if your laptop is stolen?

Ethics opinion: Non-Illinois lawyers may practice immigration law in state

By Adam W. Lasker
December
2013
LawPulse
Page 606
New ISBA ethics opinions say non-Illinois lawyers can practice immigration law in the state, a lawyer can't be a municipality's prosecutor and hearing officer at the same time, and more.

Every lawyer’s guide to Illinois banking law.

By Chad Montgomery and Ranti Oseni
September
2013
Column
Page 484
Does a bank owe a fiduciary duty to depositors? Do usury laws put a cap on the interest rates banks can charge? Learn the often surprising answers to these and other banking-law questions.

Facebook: What Family Lawyers Should Know

By Adam C. Kibort
July
2013
Article
Page 344
A look at Facebook-related issues that arise during divorce and suggestions for advising your clients.

Failure to report the death or disappearance of a child under 13 years of age. PA 097-1079

June
2013
Illinois Law Update
Page 284
Illinois lawmakers have amended the Criminal Code of 1961 by adding the offense of "Failure to report the death or disappearance of a child under 13 years of age." 720 ILCS 5/10-10 new.

Family members no longer exempt from prosecution for aiding fugitive. PA 097-0741

July
2013
Illinois Law Update
Page 336
Any individual over the age of 18 is now guilty of a Class 4 felony if he or she actively "aids or assists" a criminal offender in escaping a jurisdiction in which the offender "is to be arrested, charged, or prosecuted."

Fastcase and HeinOnline Team Up

By Tom Gaylord
September
2013
Column
Page 482
HeinOnline and Fastcase subscribers now have access to each other's data.

Federal law impliedly allows Illinois courts to remove federal bans on firearm possession resulting from state convictions

December
2013
Illinois Law Update
Page 612
On September 12, 2013, the Illinois Supreme Court held that Illinois courts can remove federally imposed firearm bans for persons with state convictions by following the procedures in the Illinois Firearm Owners Identification Card Act ("FOID Card Act"), 430 ILCS 65/10(c).

Fighting UPL after Downtown Disposal

By Kimberly Glasford
November
2013
Article
Page 574
Downtown Disposal held that a layman's UPL on behalf of a corporation does not automatically void the proceedings. But the author argues that lawyers still have many UPL-fighting tools.

Forcing Lenders to Comply with the Home Affordable Modification Program

By Andrew J. Hawes
June
2013
Article
Page 308
The seventh circuit rules that borrowers can sue lenders for state law breach of contract and other claims related to a trial period plan payment agreement.

The Fourth Year Law Student

By Karen Erger
April
2013
Column
Page 208
You survived law school - now your legal education really begins.

Fracking Comes to Illinois

By Leonard S. Kurfirst and Colin P. O’Donovan
August
2013
Article
Page 404
What exactly is fracking? How big an impact might it have in Illinois? This article reviews the process and the new state law.

FREE CLE from ISBA

By Janan Hanna
July
2013
Article
Page 340
ISBA members can earn up to 15 MCLE credit hours per year at their computers and mobile devices. Here's how it works.

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