Publications

Articles From 2015

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Pages

20 Quick and Dirty Risk Management Ideas for Lawyers

By Karen Erger
August
2015
Column
Page 50
This risk-management speed drill will keep best practices top of mind. Ready, set, go!

40 Years and Counting

By Umberto S. Davi
December
2015
Column
Page 10
Congratulations to Bob Craghead for 40 years of service to the ISBA.

50 Columns In: What Have We Learned?

By Tom Gaylord
May
2015
Column
Page 48
A look back at eight years of columns.

90-day treatment program violates the Juvenile Act’s 30-day detention limit

April
2015
Illinois Law Update
Page 16
On February 9, 2015, the Fourth District Appellate Court held that a 90-day treatment program that subjects participants to physical control, a regimented structure, and surveillance amounts to detention for purposes of the Juvenile Court Act of 1987, 705 ILCS 405/1-1 et seq. ("Juvenile Act").

The ABCs of LLLTs

By Ed Finkel
September
2015
Article
Page 20
Proponents say limited license legal technicians provide legal representation to people who couldn't otherwise afford it. Critics argue they'll compete with underemployed lawyers and lower the quality of legal services.

Access to public records updated to comply with Freedom of Information Act

October
2015
Illinois Law Update
Page 18
The Department of Human Rights repealed "Access to Public Records of the Department of Human Rights," and adopted a new section with the same title in order to reflect changes made to the Freedom of Information Act. 2 Ill. Adm. Code 926 (eff. June 24, 2015).

Accountant holds accountant-client privilege, which is not subject to testamentary exception

June
2015
Illinois Law Update
Page 16
On March 19, 2015, the Illinois Supreme Court held that the accountant-client privilege in the Public Accounting Act is held by the accountant and is not subject to the testamentary exception.

Adult Protective Services investigations into abuse of disabled adults

April
2015
Illinois Law Update
Page 16
Whereas before the Department of Human Services' Office of Inspector General would investigate allegations of abuse, neglect, and financial exploitation of adults, Public Act 98-0049 transferred that responsibility to the Illinois Department of Aging ("IDoA").

Affidavits of Support: Another Option for Divorcing Immigrant Spouses

By Molshree Sharma
April
2015
Article
Page 32
In addition to seeking spousal maintenance, divorcing immigrants might have another, and perhaps better, way to seek support – suing to enforce the affidavit of support signed by their spouses.

Aggravated unlawful use of a weapon statute’s FOID card and minor provisions are severable from its unconstitutional provisions

October
2015
Illinois Law Update
Page 18
On July 13, 2015, the Illinois Supreme Court held that sections 24-1.6(a)(1), (a)(3)(A), and (d)(2) of the aggravated unlawful use of a weapon ("AUUW") statute are unconstitutional.

Alternate insurance disclosure for persons under protective order

June
2015
Illinois Law Update
Page 16
New regulations by the Department of Insurance require insurance providers to provide alternate methods of disclosure for persons under a protective order.

Amazon, tax collector

By Matthew Hector
March
2015
LawPulse
Page 14
A new law requires Amazon and other online retailers without a physical presence in Illinois to collect sales tax, the way their brick-and-mortar counterparts do.

Amendments to Structural Pest Control Code’s penalty and recordkeeping provisions

November
2015
Illinois Law Update
Page 20
The Department of Public Health adopted amendments to the Structural Pest Control Code regarding record management and penalties for violations of licensing rules. 77 Ill. Adm. Code 830 (eff. August 7, 2015).

America Mourns a President, Illinois Lawyers Mourn a Colleague

April
2015
Column
Page 46
The Illinois Supreme Court's post-assassination memorial service focused on Lawyer Lincoln.

America, the Immigrant’s Dream

By Umberto S. Davi
July
2015
Column
Page 10
America is a place where a 14-year-old from Sicily has the freedom and opportunity to prosper.

Anatomical pathology services may not be marked up in patient bills

February
2015
Illinois Law Update
Page 18
Physicians ordering anatomical pathology services for patients to be provided by a third party may not mark up the cost of such services.

Anonymous online posting saga continues

By Matthew Hector
October
2015
LawPulse
Page 12
Comcast finally reveals the subscriber - a lawyer - whose account was used to post allegedly defamatory remarks about a Stephenson County official. The defendant vows to fight on.

Are Courts Headed for a Market Failure?

By Ron D. Spears
August
2015
Column
Page 52
Dissatisfied litigants and other unhappy "consumers" of justice are increasingly choosing private options.

Attorney General may enjoin payment of Illinois Pension Plan benefits to felons

May
2015
Illinois Law Update
Page 16
The Illinois Pension Code has been amended to add a new cause of action available to the Attorney General.

Background checks for prospective cannabis cultivators

April
2015
Illinois Law Update
Page 16
The Compassionate Use of Medical Cannabis Pilot Program Act has been amended to change the procedure for background checks of prospective cultivation center agents.

Background checks required for state-recognized non-public schools employing student teachers

December
2015
Illinois Law Update
Page 18
The School Code has been amended to provide for mandatory background checks at state-recognized non-public schools employing student teachers.

BAIID-only restrictions to be included on driver’s licenses

April
2015
Illinois Law Update
Page 16
The Secretary of State has adopted new rules that allow it to place a restriction on the driver's license of a person required to operate vehicles equipped with a Breath Alcohol Ignition Interlock Device ("BAIID")

Barbering programs now allowed in cosmetology schools

January
2015
Illinois Law Update
Page 16
The Department of Financial and Professional Regulation now allows cosmetology schools to implement barbering programs as a part of their regular curriculum.

The Beau Brindley case: Witness preparation v. coaching

By Matthew Hector
November
2015
LawPulse
Page 14
Beau Brindley was acquitted of charges that he coached witnesses to lie. So where's the line between zealous preparation and improper coaching? It isn't always easy to see.

Best Practices for Billing, Robot Lawyers?

September
2015
Column
Page 50
5 tips for better billing; will a robot take your job?

Bill expands requirements for disclosing data breaches

By Matthew Hector
July
2015
LawPulse
Page 12
Collectors of data will have to notify consumers and the Illinois Attorney General about a broader range of breaches if a newly passed bill becomes law.

Bill would decriminalize pot possession, tie DUI to impairment

By Matthew Hector
June
2015
LawPulse
Page 10
HB 218 would lower the penalty for possessing small amounts of marijuana to a fine and change DUI law so that drivers could no longer be charged for registering only trace amounts of cannabis.

Bill would let ‘Dreamers’ be Illinois lawyers

By Matthew Hector
March
2015
LawPulse
Page 14
Senate Bill 23 would allow noncitizens who meet the requirements of the federal Deferred Action for Childhood Arrival to apply for admission to the bar.

Bills produce six-person (and better paid) juries and a new eavesdropping law

By Matthew Hector
January
2015
LawPulse
Page 10
Bills creating six-person civil juries and a new eavesdropping law were signed by the governor.

Bios of candidates for third vice-president and the board of governors

March
2015
Column
Page 9
Learn about 2015 candidates for ISBA third vice-president, board of governors, and assembly.

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