Publications

Articles From 2015

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Counties can seek payment of default for fines and costs for collection

September
2015
Illinois Law Update
Page 18
The Counties Code has been amended to add a section allowing a county to collect payment of a fine or penalty.

The court may set conditions for minor and disabled victims using facility dogs during testimony

November
2015
Illinois Law Update
Page 20
This new section allows courts to set any conditions it finds just and appropriate for the use of a facility dog in taking testimony of a victim under specific circumstances.

Court reaffirms that inherent authority is no longer grounds for voidness

July
2015
Illinois Law Update
Page 18
On May 1, 2015, the First District Appellate Court affirmed a dismissal of a section 2-1401 petition for untimeliness.

Court-mandated risk assessment evaluation

January
2015
Illinois Law Update
Page 16
While setting bail and the conditions of release under the Code of Criminal Procedure of 1963, the court may order a risk assessment evaluation for a respondent facing any of the following charges:

Creating a Client-Centered Practice

By Ed Finkel
November
2015
Cover Story
Page 26
In a tough legal marketplace, putting clients first and providing excellent service is a must. It starts with putting yourself in the client's place.

Criminal justice reform commission seeks to shrink prison population

By Matthew Hector
April
2015
LawPulse
Page 10
Governor Rauner's Commission on Criminal Justice and Sentencing Reform has a goal of reducing the population of Illinois' overcrowded prisons by 25 percent over 10 years.

Cross-Motions for Summary Judgment: Be Careful What You Concede

By Michael M. Conway and Lauren M. Loew
November
2015
Article
Page 42
Plaintiffs and defendants often file competing cross-motions for summary judgment. But in Illinois, unlike in federal court, those motions may be taken as a concession that no issue of material fact exists.

Custody of pre-embryos awarded to woman despite sperm donor’s objection

By Matthew Hector
August
2015
LawPulse
Page 10
An Illinois court awarded custody and control of frozen pre-embryos to the woman whose eggs were fertilized to create them.

A Deep Dive into the Legislative Source Book

By Tom Gaylord
July
2015
Column
Page 54
A closer look at this repository of federal legislative and administrative resources.

Defendant obtains dashcam recordings through FOIA request

By Matthew Hector
June
2015
LawPulse
Page 10
After police said dashcam videos of a traffic-related marijuana arrest didn't exist, the defendant announced he already had them. How? He got them in response to a FOIA request.

DFPR overhauls regulations implementing the Illinois Controlled Substances Act

June
2015
Illinois Law Update
Page 16
Since its enactment in the 1970s, the Illinois Controlled Substances Act has undergone many changes. Yet, the regulations implementing the Act have failed to keep up.

Disclosure requirements for tobacco products

May
2015
Illinois Law Update
Page 16
Section 25 of the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003 was amended to read that any information received...

Dispute over the disposition of pre-embryos resolved by honoring the parties’ prior agreement

September
2015
Illinois Law Update
Page 18
On June 18, 2013, the First District of the Appellate Court held that in disputes regarding the disposition of pre-embryos, the court would honor any prior agreement between the parties.

Do municipalities have to follow the One Day Rest in Seven Act?

July
2015
Article
Page 29
Q. My client, a municipality, must have water tested every day. Are they subject to the consecutive-work-day limits of the One Day Rest in Seven Act?

Do you have to give clients their files?

November
2015
Article
Page 24
In Illinois, clients own briefs and other "end products" of the matter, but lawyers control early drafts and notes.

Does an unpublished decision or dissent help you get to the Illinois Supreme Court?

By Kirk C. Jenkins
September
2015
Column
Page 54
Given that Rule 23 orders should in theory break no new legal ground and are not citable in the trial courts as precedent, one would expect them to be rare on the supreme court's civil docket.

Don’t let opponents bury their own experts’ testimony

September
2015
Article
Page 22
Use the "missing witness" jury instruction to smoke out helpful testimony by your opponent's expert.

Drivers and passengers face new criminal penalties for willful violations of certain federal regulations

September
2015
Illinois Law Update
Page 18
This bill would amend the criminal violations provision of the Illinois Vehicle Code.

Election authority websites to post uncounted ballot information

May
2015
Illinois Law Update
Page 16
The Election Code has been amended to require election authority websites to post information regarding uncounted ballots.

Electronic filing of workers’ compensation rate and manual documents

January
2015
Illinois Law Update
Page 16
As of October 31, 2014, the Department of Insurance now requires that companies file their workers' compensation documents and rate information electronically through the System for Electronic Rate and Form Filing ("SERFF").

Eligibility for benefits under the short-time compensation program

March
2015
Illinois Law Update
Page 20
Pursuant to this Act, the Director of the Department of Employment Security has the authority to create a short-time compensation program, which is a form of unemployment benefits.

Eligibility for health reimbursement arrangements

April
2015
Illinois Law Update
Page 16
Under this amendatory act, the Illinois Board of Trustees retains the power to institute a health reimbursement arrangement that can provide, among other things, that...

Emergency rulemaking power conferred to HFS

June
2015
Illinois Law Update
Page 16
The Department of Healthcare and Family Services may adopt emergency rules to ensure that sections 5-5b.1 and 5A-2 of the Illinois Public Aid Code are implemented timely and expeditiously.

Employers must give pregnant employees reasonable accommodations

February
2015
Illinois Law Update
Page 18
It is a civil rights violation for an employer to refuse to make reasonable accommodations for pregnant employees. This is true no matter whether the employee is part-time, full-time, or probationary.

Ending the One-Man Show-Up

By Brendan Max
December
2015
Article
Page 36
In a show-up, police bring a suspect back to the scene for a witnesses i.d. This article discusses its inherent risks and suggests that face-recognition technology may offer an alternative.

The Equal Pay Act protects more employees

November
2015
Article
Page 25
Starting January 1, the Illinois Equal Pay Act will cover more workers and impose stiffer penalties on employers who violate its provisions.

Estate Planners Adopt and Adapt the New HCPOA Form

By Ed Finkel
April
2015
Cover Story
Page 20
Illinois has a new, plain-language statutory health care power of attorney, and lawyers are getting used to it – and, in some cases, tweaking it to suit their practices.

Expanding categories for penalties, fees, charges, and taxes in Tax Code

May
2015
Illinois Law Update
Page 16
Under this amendatory act, the terms "penalties," "fees," "charges," and "taxes" now ensnare the amount of the total Illinois corporate income taxes paid under section 602 and section 803 of the Illinois Income Tax Act...

Expansion of expedited SNAP eligibility

July
2015
Illinois Law Update
Page 18
Whereas before expedited Supplemental Nutrition Assistance Program ("SNAP") eligibility was granted to applicants after an in-person interview, the Department of Human Services has adopted a new rulemaking...

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