Publications

Articles From 2016

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Pages

The 2016 ISBA Poetry Slam

July
2016
Column
Page 52
ISBA lawyer-poets display their talent.

2016 Spring Legislative Roundup

By Jim Covington
August
2016
Column
Page 46
Bills decriminalizing cannabis possession and rewriting the LLC Act were among those approved this session.

Absent a voluntary undertaking, a corporation is not liable if a member hotel reveals a guest’s identity and room number without the guest’s consent

November
2016
Illinois Law Update
Page 18
The Illinois Appellate Court held that a corporation was not liable where it did not undertake a privacy standard to refrain from identifying hotel guests or their room numbers to others without the guest's consent.

Amendments to the Collection Agency Act define terms and apply Act to debt collection by collection agencies

July
2016
Illinois Law Update
Page 18
The Department of Financial and Professional Regulation amended the Collection Agency Act. The amendments add definitions for the terms "collection agency," "consumer credit," and "consumer debt."

Amendments to the Personal Information Protection Act expand protected personal information to include online account access information

July
2016
Illinois Law Update
Page 18
Amendments to the Personal Information Protection Act ("the Act") expand the classes of information protected under the Act

Another try for pot decriminalization

By Matthew Hector
May
2016
LawPulse
Page 10
Proposed marijuana decriminalization legislation would adopt the governor's amendatory veto from last year, lowering the allowable possession amount and the THC level for drivers.

Appellate court finds evidence of other sexual misconduct within a doctor-patient relationship admissible at trial to prove propensity

July
2016
Illinois Law Update
Page 18
In 2008, Ricardo Arze was indicted on two counts of criminal sexual assault and one count of unlawful restraint for sexually assaulting his former patient, M.S. Prior to trial, the State filed a motion to admit evidence of other crimes pursuant to section 115-7.3 of the Code of Criminal Procedure.

Appellate court upholds order of dissolution that found 401(k) retirement plan to be marital property and denied award of attorney fees

May
2016
Illinois Law Update
Page 16
On February 26, 2016, the Second District Appellate Court affirmed the circuit court's allocation of property in its order of dissolution of marriage and denial of attorney's fees to the wife.

Are Courts Moving Past the ‘Four Corners’ Rule in Duty-to-Defend Cases?

By Richard J. VanSwol
December
2016
Article
Page 30
Illinois courts seem increasingly willing to look beyond the terms of the policy and allegations of the complaint when deciding whether a liability insurer has a duty to defend its insured.

Are We Making Murderers? False Confessions and Coercive Interrogation

By Ed Finkel
April
2016
Article
Page 22
It's no secret that criminal suspects in Illinois and elsewhere confess to crimes they didn't commit, often after aggressive police interrogation. But how widespread are false confessions in the post-Jon Burge era?

Are You Getting File Retention Right?

By Ed Finkel
November
2016
Article
Page 22
Ethics rules and opinions provide a (mostly) clear picture of file retention best practices if you read them carefully. But cheap electronic storage is making discarding files a thing of the past.

Arrest but no prosecution in Fourth of July flag burning

By Matthew Hector
September
2016
LawPulse
Page 12
The Champaign County State's Attorney explains her decision not to charge an Urbana man arrested for violating Illinois' unconstitutional but still on the books flag-desecration law.

Attorney fees appropriate in termination of parental rights and adoption proceedings subsequent to divorce

August
2016
Illinois Law Update
Page 18
On May 27, 2016, the Appellate Court of Illinois held that the court may award attorney fees to a party in cases involving termination of parental rights and adoption proceedings under section 508 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

Avvo and the Ethics of ‘Lead Generation’

By Charles J. Northrup
April
2016
Column
Page 54
Lead-generating services are proliferating - don't step onto ethical thin ice.

Bath salts are a Schedule I drug

September
2016
Illinois Law Update
Page 18
On July 8, 2015, the governor signed SB 1129. The bill amends the definition of controlled substance in 720 ILCS 570/102 to include synthetic drugs.

Beware the Specter of the Nonrefundable Advance Fee

By Charles J. Northrup
October
2016
Column
Page 54
Any fee is refundable if it wasn't earned or isn't reasonable. Calling an advance fee "nonrefundable" is usually asking for trouble.

Bikes on Illinois roadways - does the law need a tune-up?

By Matthew Hector
July
2016
LawPulse
Page 12
Some say antiquated Illinois tort law creates a disincentive for municipalities to create safer, bike-friendly roadways.

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

March
2016
Column
Page 14
Learn about 2016 candidates for ISBA third vice-president, board of governors, and assembly.

Black Robe to Gold Watch

By Hon. Ron Spears
February
2016
Column
Page 46
What do aging citizens – and judges – mean for the justice system?

Borrower not entitled to set-off on deficiency judgment when bank resells house for more than purchase amount

September
2016
Illinois Law Update
Page 18
On June 28, 2016, the Second District of the Illinois Appellate Court held that borrowers could not receive a set-off against a deficiency judgment when the bank purchased their home at auction after a foreclosure and subsequently sold it for a higher amount.

Bringing an Unpaid Minimum Wage Claim in Illinois

By Brandon M. Wise
July
2016
Article
Page 36
Unpaid minimum wage claims can be rewarding - and confusing. Find out how to evaluate an unpaid minimum wage case and whether to bring it in federal or state court.

Businesses that engage in “hedging transactions” subject to new special rules for computing sales factor

June
2016
Illinois Law Update
Page 18
Non-resident business owners should be aware that amendments to section 3380 of 86 Ill. Adm. Code 100 (eff. Jan. 5, 2016) enacted new rules for the treatment of gains and losses from hedging transactions.

Cannabis ambivalence

By Matthew Hector
April
2016
LawPulse
Page 12
Medical cannabis users who are parents of minors may discover that the law exposes them to DCFS scrutiny, just one way cannabis users may be treated as "second-class patients."

The Challenge of Proving Negligent Spoliation in Illinois

By Joseph K. Nichele
September
2016
Article
Page 32
It's hard for plaintiffs to plead and prove claims for negligent spoliation of evidence. Here's why it's important - and difficult - for plaintiffs to establish a duty to preserve evidence.

Challenging Judgments After 30 Days: How to Seek 2-1401 Relief

By Ken Stalkfleet
November
2016
Article
Page 42
Section 2-1401 of the Code of Civil Procedure provides the way to overturn a judgment later than 30 days after its entry. This article reviews the various 2-1401 challenges and their requirements.

Changes to contracting with the OAG

May
2016
Illinois Law Update
Page 16
The Office passed the new rulemaking in order to bring the Attorney General's rule in line with amendments made by Pub. Act 0098-1076 to 30 ILCS 500, Illinois Procurement Code. 44 Ill. Adm. Code 1300 (eff. Feb. 11, 2016).

Changes to licensing requirements for day care homes and group day care homes

November
2016
Illinois Law Update
Page 18
The Department of Children and Family Services amended regulations involving licensed day care homes and group day care homes.

Child Support and College-Bound Children of Divorce

By Tiffany M. Alexander
January
2016
Article
Page 34
The author explains how custodial parents are entitled to support payments for an emancipated child's expenses the summer before college and while on break.

Ciao for Now

By Umberto S. Davi
June
2016
Column
Page 10
A look back at the 2015-16 bar year.

Circuit court does not have power to dismiss case for want of prosecution when State does not appear for 15 minutes

February
2016
Illinois Law Update
Page 18
On December 4, 2015, the Fourth District Appellate Court reversed the circuit court's dismissal of traffic charges against defendant Alberto Lopez.

Pages