Publications

Articles From 2013

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New exception to a public guardian’s obligations to a ward. PA 097-1094

April
2013
Illinois Law Update
Page 176
The Probate Act of 1975 has been amended to provide an exception to a public guardian's duty to maintain insurance on the real and personal property belonging to the guardian's ward. 755 ILCS 5/13-5.

The New Illinois Benefit Corporation Act

By Stephen Proctor
March
2013
Column
Page 156
The new law encourages creation of corporations that advance worthy public purposes.

The New Illinois Concealed Carry Law

By Caitlyn G. McEvoy
December
2013
Article
Page 620
Key provisions of concealed carry take effect next month. Here's a practical guide to the new law.

A New Law Overturns Cypress Creek

By Joseph R. Fortunato
April
2013
Column
Page 204
A new law puts contractors with secured liens ahead of lenders.

New law prohibits use of BPA in children’s food and beverage containers sold in Illinois. PA 097-1101

March
2013
Illinois Law Update
Page 124
The General Assembly has enacted the "Toxin-Free Toddler Act" regulating the presence of bisphenol A, commonly known as BPA, in children's food and beverage containers.

New limitations on possession of methamphetamine precursors. PA 097-1008

January
2013
Illinois Law Update
Page 16
The General Assembly has added a new section to the Methamphetamine Control and Community Protection Act. 720 ILCS 646/120 new.

New Limits on Subject Matter Waiver of Attorney-Client Privilege

By Hon. Gino L. DiVito, Brian C. Haussmann, and John M. Fitzgerald
July
2013
Article
Page 348
Illinois Rule of Evidence 502 and the Center Partners decision mean fewer business discussions fall outside attorney-client privilege.

New maximum reductions for senior citizens and general homestead exemptions. PA 098-0007

August
2013
Illinois Law Update
Page 392
The Property Tax Code has been amended to modify the maximum annual reduction for the Senior Citizens Homestead Exemption for the taxable years of 2012 and 2013. 35 ILCS 200/15-170.

New offenses and increased fines for unauthorized use of disability decals or license plates. PA 097-0844

July
2013
Illinois Law Update
Page 336
The law on use of disability license plates, decals, and devices has been expanded to explicitly provide for items issued to now-deceased individuals.

New proof of death requirements for life insurance and annuity forms

December
2013
Illinois Law Update
Page 612
To accommodate changes to the Illinois standard provisions for life insurance policies, 215 ILCS 5/224, the Illinois Department of Insurance changed two requirements for the construction and filing of life insurance and annuity forms. 50 Ill. Adm. Code 1405.

New reporting requirements to transport gas and operate gas pipeline facilities

December
2013
Illinois Law Update
Page 612
Effective September 10, 2013, the Illinois Commerce Commission adopted Minimum Safety Standards for Transportation of Gas and for Gas Pipeline Facilities. 83 Ill. Adm. Code 590.

New requirements enacted for Illinois gasoline stations to comply with the federal Americans with Disabilities Act. PA 097-1152

June
2013
Illinois Law Update
Page 284
Illinois lawmakers have amended the Motor Fuel Sales Act to make refueling more accessible and convenient for persons with disabilities. 815 ILCS 365/2.

New requirements for obtaining massage licenses

November
2013
Illinois Law Update
Page 560
As of January 1, 2014, applicants for massage licenses will be required to meet higher licensing standards. 68 Ill. Adm. Code 1284

New requirements for pet stores and remedies for wronged pet-owners

December
2013
Illinois Law Update
Page 612
Pursuant to a recent amendment of the Animal Welfare Act, immediately upon becoming aware of an outbreak of a contagious and life threatening disease, which includes diseases such as distemper or parvovirus, a pet shop operator is now legally obligated to notify the Illinois Department of Agriculture.

New restrictions and stronger penalties for using hand-held electronic devices while driving

November
2013
Illinois Law Update
Page 560
Section 12-610.2 of the Illinois Vehicle Code, which used to only prohibit the composing, sending, and receiving of electronic messages while driving, will soon prohibit any use of an "electronic communications devise" while driving. 625 ILCS 5/12-610.2.

New restrictions on demonstrations of vehicles with oscillating lights. PA 097-1173

June
2013
Illinois Law Update
Page 284
The Illinois Vehicle Code has been amended to limit the mounting and demonstration of oscillating, rotating, or flashing lights on vehicles, subject to certain exceptions (625 ILCS 5/12-215; 625 ILCS 5/12-609).

New rules for recordkeeping in prior unfounded child abuse reports. PA 097-1089

March
2013
Illinois Law Update
Page 124
The Abused and Neglected Child Reporting Act has been amended to provide new requirements for recordkeeping by the Illinois Department of Children and Family Services (325 ILCS 5/7.7).

New rules regulate marketing, consumer contracts by retail electric suppliers

March
2013
Illinois Law Update
Page 124
Newly implemented rules adopted in part 412 of title 83 of the Illinois Administrative Code regulate marketing practices and set ground rules for consumer contracts and dispute resolution applicable for retail electric suppliers.

New sex education requirement for schools. PA 097-1147

April
2013
Illinois Law Update
Page 176
Illinois lawmakers have amended the Critical Health Problems and Comprehensive Health Education Act to require new sex education curricula in schools. 105 ILCS 110/3.

New specifications for plumbers’ license cards. PA 097-1137

March
2013
Illinois Law Update
Page 124
Illinois lawmakers have amended the Illinois Plumbing License Law (225 ILCS 320/11, 16) to provide new requirements for plumbers' license cards.

New supreme court rules a boon to limited-scope representation

By Adam W. Lasker
August
2013
LawPulse
Page 386
Amended Rules 11, 13, and 137 create business opportunities for lawyers by making it easier to represent clients for part, but not all, of a lawsuit or transaction.

New supreme court rules promote foreclosure mediation

By Adam W. Lasker
April
2013
LawPulse
Page 170
New consumer-friendly rules, effective May 1, are designed to make the foreclosure process more fair and reduce the backlog of cases.

New written risk-reduction policy requirements for long-term care facilities

July
2013
Illinois Law Update
Page 336
Amendments to the Skilled Nursing and Intermediate Care Facilities Code (the "Code"), effective March 29, 2013, mandate additional minimum written resident care policies and procedures for long-term care facilities. See 77 Ill. Adm. Code 300.610.

No double jeopardy though jurors were sworn, high court rules

By Adam W. Lasker
June
2013
LawPulse
Page 278
The Illinois Supreme Court ruled in Martinez that, even though the jury was already empanelled, the defendant was not in jeopardy because the state stood silently by and presented no evidence.

No guardian ad litem fees for DCFS. PA 098-0089

September
2013
Illinois Law Update
Page 452
Guardianship cases that require the appointment of a guardian ad litem generally require that the petitioner pay for any guardian ad litem fees when the respondent is unable to pay. 755 ILCS 5/11a-10.

No judicial review until arbitration process is complete

April
2013
Illinois Law Update
Page 176
On January 22, 2013, the Illinois Appellate Court, First District, held that a dispute over a discovery order that arises in arbitration is not ripe for adjudication until a final award has been issued.

No jurisdictional defect when notice of appeal is e-filed, even though local rule required paper filing

September
2013
Illinois Law Update
Page 452
On June 20, 2013, the Illinois Supreme Court held, first, that electronically filing ("e-filing") a postjudgment motion when circuit court rules required a paper copy did not fail to toll the time for filing a notice of appeal; and, second, that e-filing a notice of appeal when circuit court rules required a paper copy did not deprive the appellate court of jurisdiction.

No More ‘Debtors’ Prison’: Greater Notice, Protections for Judgment Debtors

By Kelly M. Greco and Stephanie R. Hammer
March
2013
Article
Page 134
A recently enacted law gives debtors better notice of collection proceedings and protects their rights once they have begun.

Non-Traditional Non-Competes: Designing Non-Competition Agreements to Hold Up in Court

By Kenneth J. Vanko
November
2013
Article
Page 568
Lawyers for business seeking to restrict competition by ex-employees should consider creative options designed to stand up better to judicial scrutiny.

Of Traffic Tickets and Trusts

July
2013
Column
Page 367
Advising commercial drivers about traffic tickets, and why the next will you draft should have a supplemental needs trust provision.

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