Publications

Articles From 2014

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Juvenile Court Act consent provision survives constitutional challenges

October
2014
Illinois Law Update
Page 472
On August 4, 2014, the Illinois Supreme Court held that section 5-615 of the Juvenile Court Act of 1987, 705 ILCS 405/5-615 ("the consent provision"), is constitutional.

Juvenile Justice, Part I: Automatic expungement of juvenile records

By Janan Hanna
June
2014
LawPulse
Page 266
Proposed legislation would require the state police to expunge arrest records when juveniles turn 18 if they were never charged and have no recent arrests.

Juvenile Justice, Part II: An end to automatic transfers to adult court?

By Janan Hanna
June
2014
LawPulse
Page 266
A legislative proposal would stop the automatic transfer of juveniles to adult court, requiring that judges determine whether the transfer is appropriate.

The last word on People v Elliott is ‘rescind’

By Janan Hanna
March
2014
LawPulse
Page 114
A man's conviction for driving on a suspended license stands even though the underlying suspension is rescinded, the Illinois Supreme Court rules, after thoroughly analyzing the meaning of "rescind."

Lawyer sues after his YouTube post of client leads to suspension

By Janan Hanna
May
2014
LawPulse
Page 214
A lawyer who was disciplined for posting a YouTube video of police buying drugs from his client has filed a federal lawsuit challenging his suspension.

A Lawyer’s Duty to Understand Technology: The Forest and the Trees

By Charles J. Northrup
April
2014
Column
Page 196
Lawyers' ethical obligation to understand technology comes under the heading competence.

The Leadership Journey

By Paula H. Holderman
May
2014
Column
Page 212
Reflections on an exhilarating, exhausting year.

Legal malpractice claims by clients and non-clients are subject to the same repose period

May
2014
Illinois Law Update
Page 220
On February 21, 2014, the Illinois Supreme Court held that the time limits for claims against attorneys arising out of the performance of professional services apply to actions by non-clients, resolving a split among the districts of the appellate court.

Legislative fine-tuning makes the small-estate affidavit more useful

By Matthew Hector
November
2014
LawPulse
Page 518
A new law makes the small-estate affidavit better for rounding up stray assets that didn't make it into probate-avoiding trusts and more palatable to banks and other entities.

License renewal application fees changed for new and used car dealers

April
2014
Illinois Law Update
Page 168
The Illinois Vehicle Code has been amended to require both new and used car dealers to pay a license renewal application fee to be determined by the amount of automobiles sold by the dealer in the prior year, as per the following scheme: for 25-200 automobiles sold, a fee of $150; for 200-300 automobiles sold, a fee of $300; and for 300 automobiles or more sold, a fee of $500.

License required for distribution of medications in shortage

January
2014
Illinois Law Update
Page 16
The Wholesale Drug Distribution Licensing Act has been amended to require wholesale distributors of drugs in shortage to be specially licensed by the Department of Financial and Professional Regulation.

Licensing requirements for private detectives, private alarm and security contractors, fingerprint vendors, and locksmiths

July
2014
Illinois Law Update
Page 320
Applicants seeking licensure as a private detective, private alarm contractor, private security contractor, fingerprint vendor, or locksmith must submit their applications within three years of receiving a passing license examination score. 68 Ill. Adm. Code 1240 (eff. March 25, 2014).

Licensing standards for child welfare agencies, day care homes, and group day care homes

February
2014
Illinois Law Update
Page 68
The Illinois Department of Children and Family Services recently adopted amendments that alter the licensing standards for child welfare agencies, day care homes, and group day care homes. 89 Ill. Adm. Code 401, 406, 408 (eff. Nov. 30, 2013).

Local Counsel in the Digital Age: The Rise of the Coverage Attorney

By Charles R. Wolf
July
2014
Article
Page 328
More law firms are taking cases from far-flung places, and they need local counsel to make court appearances on their behalf. Find out more about this growing source of business.

Long Odds: Commercial Mortgagors Fighting to Keep Their Property During Foreclosure Have Few Options

By Tracy Steindel Ickes
March
2014
Article
Page 144
Illinois law presumes lenders are entitled to possession of commercial property during foreclosure, and defendant-mortgagors aren't likely to overcome that presumption.

Looking for Free Legal Information? Check out the Law Library of Congress

By Tom Gaylord
March
2014
Column
Page 148
There might be a broken link here or there, but the Law Library of Congress is still a great portal to free legal resources.

Low Cost Technology for Highly Productive Lawyers

By Ed Finkel
January
2014
Article
Page 20
Now more than ever, great technology tools - many especially designed for lawyers - are amazingly affordable if not free. But don't forget the crucial difference between "frugal" and "cheap."

Low-Tech Is Not an Option

By Paula H. Holderman
March
2014
Column
Page 112
Lawyers must get comfortable with practice-related technology or risk losing business and running afoul of ethics rules.

Luxury Tax: Collecting from High-Income Judgment Debtors

By Andrew N. Plasz
June
2014
Article
Page 294
The author argues that wages used for investments or to purchase luxuries should be subject to collection by a judgment creditor.

Make Your Personal Style Work for You

By Ed Finkel
August
2014
Article
Page 380
Afraid you're too shy to get up and do what needs to be done to market your practice? Fear not. Good marketing is more about listening than talking.

The Medical Cannabis Act and Illinois DUI Law

By Larry A. Davis
March
2014
Article
Page 128
The Medical Cannabis Act makes important changes to DUI law, some of which are likely to inspire litigation.

Medical cannabis cultivation centers

October
2014
Illinois Law Update
Page 472
The Department of Agriculture ("DOA") adopted amendments to implement Pub. Act 98-0122, which creates a pilot program for the cultivation and distribution of medical cannabis. 8 Ill. Adm. Code 1000 (eff. July 25, 2014).

Medical Marijuana Comes to Illinois

By Ed Finkel
April
2014
Article
Page 172
What will the Medical Cannabis Act mean for patients? For employers? Others? Prepare to advise clients about what some are calling the most restrictive medical marijuana law in the country.

Medical marijuana implementation a work in progress

By Janan Hanna
August
2014
LawPulse
Page 366
The law took effect January 1, but the rules that would make it available to patients were approved only last month.

Meeting and vote required for dissolution of non-profit residential cooperatives

January
2014
Illinois Law Update
Page 16
The General Not For Profit Corporation Act of 1986 has been amended to impose new requirements on nonprofit corporations organized for the ownership or administration of a residential cooperative property.

Member Service in Two Great Spaces

By Richard D. Felice
August
2014
Column
Page 364
The ISBA's Springfield and Chicago offices are worth a fresh look.

Merely looking elsewhere does not satisfy the distraction exception to the open and obvious rule

December
2014
Illinois Law Update
Page 572
On September 18, 2014, the Illinois Supreme Court held that a woman who tripped on a sidewalk crack while looking ahead to her destination did not satisfy the distraction exception to the general rule that premises owners are not liable for harm caused by open and obvious dangerous conditions.

Minors may use personal tanning equipment in private residences

August
2014
Illinois Law Update
Page 372
On January 1, 2014, the Tanning Facilities Code ("Code") took effect, prohibiting anyone under eighteen years old from using tanning equipment in tanning facilities.

Mixed-motive claims: alive and well under the Illinois Human Rights Act?

By Nicholas Biersbach
April
2014
Article
Page 191
It isn't clear whether federal rulings limiting mixed-motive claims will influence state courts' interpretation of the Illinois Human Rights Act.

Modified procedures for inventorying and accessing natural heritage data

April
2014
Illinois Law Update
Page 168
The Nature Preserves Commission (the "Commission") recently developed policies that clarify the type of data inventoried and maintained by the Commission, assess fees on those accessing the data, and limit how natural heritage data may be used. 17 Ill. Adm. Code 4020 (eff. Jan. 10, 2014).

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