Publications

Articles From 2013

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Online offerings let lawyers earn LL.M.s at home

By Adam W. Lasker
May
2013
LawPulse
Page 222
Two Illinois law schools are pioneers in the rapidly expanding field of LL.M. distance-learning programs.

Opportunities and Pitfalls in the New Illinois Directed Trust Statute

By Daniel P. Felix
June
2013
Article
Page 292
The new law allows unbundling of trustee investment and distribution responsibilities and adds a supervising trust protector.

#Oyez, #Oyez: Why Judges Should Let Reporters Tweet from the Courtroom

By Esther Seitz
January
2013
Article
Page 38
The author argues that Illinois courts should embrace tweeting and other microblogging by reporters as an immediate and non-disruptive way to acquaint the public with the workings of the judiciary.

Parental Notice of Abortion Act withstands challenge under Illinois Constitution

September
2013
Illinois Law Update
Page 452
On July 11, 2013, the Illinois Supreme Court held (1) the privacy clause is not the basis for the right to abortion under the Illinois Constitution; (2) the due process clause in the Illinois Constitution guarantees protections equal to those guaranteed by the due process clause in the United States Constitution; and (3) the statutory requirement that minors must give notice to an adult family member or obtain a judicial waiver to receive an abortion is not unduly burdensome on that minor's right to have confidential medical information.

Perfecting a Mechanics Lien: What You Need to Do it Right

By Howard M. Turner and Michael T. Nigro
May
2013
Article
Page 254
Two seasoned attorneys offer practical tips to help you perfect mechanics liens on behalf of your contractor clients.

The Perils of Unpaid Internships

By Christopher Keleher
December
2013
Article
Page 626
As courts grapple with whether unpaid internships violate minimum wage laws, businesses - including law firms - should review their programs.

Population increased for liquor control commissioner restriction. PA 098-0010

August
2013
Illinois Law Update
Page 392
Under the Liquor Control Act of 1934, the mayor or board of trustees president (or their designee) shall be the local liquor control commissioner for their respective locality. 235 ILCS 5/4-2.

Pre-need funeral contracts see more consumer protection

December
2013
Illinois Law Update
Page 612
The Comptroller recently amended the Illinois Funeral or Burial Funds Act to clarify the consumer protections for pre-need funeral and burial services. 38 Ill. Adm. Code 610.

Predicting Maintenance Awards

By H. Joseph Gitlin
April
2013
Column
Page 206
A look at all divorce cases affirming maintenance since 1977.

Presumption of vesting of health benefits under collective bargaining agreement

July
2013
Illinois Law Update
Page 336
On May 2, 2013, the Illinois Appellate Court, Third District, held that a city's decision to reduce retired employees' health benefits promised under a collective bargaining agreement should be analyzed as a matter of contract, subject to a presumption in favor of the vesting of these benefits.

A Primer on Medical Records as Evidence

By Brion Doherty
February
2013
Article
Page 82
Knowing how and when medical records are admissible in a p.i. trial means understanding the business records hearsay exception.

Principal must have full knowledge or have indicated agent had authorization to ratify contract

May
2013
Illinois Law Update
Page 228
On March 8, 2013, the Illinois Appellate Court, First District, held there must be evidence that a principal indicated an agent was authorized to bind the principal to a contract prior to its signing, or that the principal had knowledge of the contract, for the principal to be liable under claims of apparent authority or ratification.

Procedures implementing limitations on licensing health care workers upon criminal charges or conviction

April
2013
Illinois Law Update
Page 176
Recently adopted administrative rules issued by the Department of Financial and Professional Regulation (the "Department") establish procedures implementing amendments to the Civil Administrative Code of Illinois (the "Code"), 20 ILCS 2105/2105-15(i), barring licensing of health care workers who have been convicted of enumerated offenses. See 68 Ill. Adm. Code 1130.

Procurement of Domestic Products Act shall apply to the Public Community College Act. PA 097-1105

March
2013
Illinois Law Update
Page 124
The Public Community College Act is amended to alter the list of state laws and related administrative rules that apply to the Act. 110 ILCS 805/1-3.

“Professional account” exception to the Right to Privacy in the Workplace Act

December
2013
Illinois Law Update
Page 612
Under the Right to Privacy in the Workplace Act, an employer may not request an employee or prospective employee to disclose passwords or account information concerning his or her private social networking accounts.

Protecting Settling Plaintiffs When a Defendant Goes Bankrupt

By Christopher B. Lega
April
2013
Article
Page 200
Most settlement agreements ignore an important risk - that the defendant will file for bankruptcy shortly after settlement. Here's how to protect plaintiffs.

Public community colleges must meet new standards to receive state grants. PA 097-1160

April
2013
Illinois Law Update
Page 176
Starting July 1, 2013, public community colleges will need to maintain a lower in-district tuition and fee rate to qualify for state equalization grants. 110 ILCS 805/2-16.02.

Public searchable databases of those who ignore toll liabilities

November
2013
Illinois Law Update
Page 560
Section 10 of the Toll Highway Act has been amended to allow for the Tollway Authority to keep records or searchable databases on their website of individuals or entities who have been issued one or more final orders of liability and owe more than $1,000 in tolls, fines, unpaid late fees, or other administrative costs. 605 ILCS 10/10.

Pursuing Claims for Grief Under the Wrongful Death Act

By Elizabeth Felt Wakeman and Gregory J. Barry
January
2013
Article
Page 34
Thanks to a 2007 statutory change, juries are permitted to consider grief, sorrow, and mental suffering in wrongful death cases. Here's advice for trial lawyers about how to approach this relatively untested element of wrongful-death damages.

Putting Spring in Your POAs

December
2013
Column
Page 640
Should you put springing clauses in your health care and property POAs?

The Race for Relevancy

By Paula H. Holderman
July
2013
Column
Page 328
ISBA is taking steps to increase its value to Illinois lawyers.

Rainmaking in Dry Times

By Ed Finkel
June
2013
Article
Page 288
How do you attract new clients and retain existing ones in this economy? Consultants and Illinois lawyers offer battle-tested tips.

Reaching Out to Generation Next

By Ed Finkel
August
2013
Article
Page 400
Young lawyers have different needs than their more senior colleagues. New President Paula Holderman wants to make sure the ISBA speaks their language.

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

By Richard D. Felice
December
2013
Column
Page 605
Nominate yourself for a section council or committee for 2014-15.

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

By Richard D. Felice
November
2013
Column
Page 553
Looking for a chance to lead? To grow? To make a difference in the Illinois State Bar Association and the legal profession? Then consider nominating yourself for one of our many section councils and committees for 2014-15.

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

By Richard D. Felice
October
2013
Column
Page 497
Looking for a chance to lead? To grow? To make a difference in the Illinois State Bar Association and the legal profession? Then consider nominating yourself for one of our many section councils and committees for 2014-15.

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

By Paula H. Holderman
January
2013
Column
Page 7

Real Estate and Avoiding Probate: The Case for Land Trusts

By David J. Lanciotti
February
2013
Article
Page 86
While both land trusts and transfer on death instruments allow residential real estate to transfer outside probate, the land trust has important advantages for some clients, this author argues.

Record-retention, other amendments to the State Records Act

September
2013
Illinois Law Update
Page 452
The Illinois Secretary of State (the "Secretary") recently adopted amendments to regulations that will implement changes governing the management and retention of records, deleting outdated references, and implementing new guidelines and regulations regarding management of technologies not contemplated in the earlier version of the rule. 44 Ill. Adm. Code 4400.

Recording police interrogations: bill would expand beyond homicide cases

By Adam W. Lasker
February
2013
LawPulse
Page 66
Illinois was among the first states to require taped interrogations in homicide cases. Now it lags behind as other states pass broader laws. Proposed legislation would put Illinois back in the front ranks, proponents say.

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