Illinois Bar Journal

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2016 Articles

Court rejects right-of-publicity claim against Avvo

By Matthew Hector
November
2016
LawPulse
Page 12
A federal district court found that Avvo did not run afoul of the Illinois Right of Publicity Act by creating profile pages without plaintiffs' consent and using them to sell advertising to competing attorneys.

Court requires divorce lawyers to give earned fees to opposing counsel

By Matthew Hector
February
2016
LawPulse
Page 12
In In re Squire, the appellate court expanded the reach of the IMDMA's "leveling the playing field" provision by requiring a spouse's attorney to disgorge already earned fees to the other side.

Court reverses contempt order regarding failure to disgorge attorney’s fees to pay opposing party’s interim attorney’s fees

December
2016
Illinois Law Update
Page 16
In an unusual case where neither of the divorcing parties participated in the appeal, a former attorney for the respondent secured the reversal of a contempt order against him and the underlying interim fee order.

Court sanctions lawyer over witness’s improper comments

By Matthew Hector
January
2016
LawPulse
Page 12
A Chicago lawyer was fined more than $68,000 because a witness he represented made comments in violation of a court order, which resulted in a mistrial.

Court system readies for mandatory e-filing

By Matthew Hector
October
2016
LawPulse
Page 12
The AOIC has hired a Texas firm to create a statewide e-filing system, which is scheduled to roll out next year in the supreme and appellate court.

A court-ordered Facebook post

January
2016
Article
Page 32
A concurring appellate justice opines that a trial judge's contempt order forcing a litigant to post a retraction on Facebook violates the First Amendment.

Courts Sanction Sovereign Citizens - and Lawyers - for Frivolous Appeals

By Natalie Burris
November
2016
Article
Page 36
You've heard about forfeitures, but have you handled one? Here's a primer on how to prosecute or defend your first forfeiture case.

Criminal penalties established for the transportation of more than a certain amount of beer, wine, or spirits into the state without a license

December
2016
Illinois Law Update
Page 16
Any person, without a valid license to do so, who transports from out-of-state into Illinois 108 liters (28.53 gallons) or more of wine, 45 liters (11.88 gallons) or more of distilled spirits, or 118 liters (31.17 gallons) of beer shall be guilty of a Class 4 felony for each offense.

Criminal records may be sealed based on educational achievements made during sentence

April
2016
Illinois Law Update
Page 18
Amendments to the Criminal Identification Act allow sealing of certain eligible criminal records upon termination of a petitioner's last sentence.

Dating, Maintenance, and Miller

By Leon I. Finkel & Katelyn A. Blanchard
April
2016
Article
Page 34
In a ground-breaking ruling, the second district in Miller found that an intimate dating relationship was not a de facto marriage that triggered termination of maintenance after divorce. The ruling is a step forward, the authors argue.

DCFS expands and refines its terminology

August
2016
Illinois Law Update
Page 18
The Department of Children and Family Services ("DCFS") adopted amendments that change pertinent definitions to 12 Parts. 89 Ill. Adm. Code 300 (eff. May 16, 2016).

Declining court caseloads reflect societal, other changes

By Matthew Hector
March
2016
LawPulse
Page 20
Civil court dockets shrank by 25 percent from 2010 to 2014. What's causing the decline?

Defendant must have choice to take or refuse breathalyzer

October
2016
Illinois Law Update
Page 18
The Second District Appellate Court suppressed defendant's Portable Breath Test ("PBT") results because the officer did not present the defendant with a choice to take or refuse the PBT.

Defendants may be found guilty of murder beyond a reasonable doubt without eyewitnesses, physical or forensic evidence, or a confession

June
2016
Illinois Law Update
Page 18
On November 12, 2015, the Third District of the Illinois Appellate Court affirmed Drew Peterson's first degree murder conviction and sentencing on the grounds that his guilt was proven beyond a reasonable doubt.

Definition of “sexual abuse” expanded for employees of state-operated facilities and community agencies

April
2016
Illinois Law Update
Page 18
The Department amended the Part on the Office of Inspector General Investigations of Alleged Abuse or Neglect in State-Operated Facilities and Community Agencies pursuant to Pub. Act 99-323. 59 Ill. Adm. Code 50 (eff. Jan. 5, 2016).

Dentists can now administer flu vaccine

November
2016
Illinois Law Update
Page 18
The professional regulations governing dentists added a new section that allows dentists to administer flu vaccines.

Department of Labor may refer joint equal pay and human rights complaints to the Department of Human Rights

March
2016
Illinois Law Update
Page 26
Amendments to 56 Ill. Adm. Code 320 (eff. Dec. 21, 2015) allow for the Department of Labor (DOL) to determine, at any time during a pending complaint, to refer such matter to the Department of Human Rights (DHR) if the complaint also alleges a violation of the Illinois Human Rights Act.

Digital Assets Act gives access to decedents’ online accounts

By Matthew Hector
September
2016
LawPulse
Page 12
After a false start in 2015, the legislature delivered and the governor signed a bill this year that gives fiduciaries the power to access email, social media, and other digital assets of a decedent.

Directors must report students who separate from post-graduate clinical training programs

May
2016
Illinois Law Update
Page 16
The Department amended the Medical Practice Act of 1987 to update reporting requirements for directors of post-graduate clinical training programs. 68 Ill. Adm. Code 1285 (eff. Mar. 4, 2016).

Discovering a Defendant’s Identity: The Evolution of Rule 224

By Kimberly Glasford
April
2016
Article
Page 28
For plaintiffs who need to identify defendants before suing for damages - or, perhaps, hope to "out" or shame them - Illinois Supreme Court Rule 224 can be an option. But despite a few decisions interpreting the rule, the law remains uncertain.

Divorce judgment based on negotiated postnuptial agreement not unconscionable simply for being favorable to one side

July
2016
Illinois Law Update
Page 18
On May 3, 2016, the Third District Appellate Court affirmed the circuit court's denial of a husband's motion to vacate judgment for dissolution of marriage claiming that the parties' postnuptial agreement was unconscionable.

DNA Evidence and the Confrontation Clause after People v. Barner

By Julia Kaye Wykoff
August
2016
Article
Page 36
Supposed the prosecution's expert testifies about a lab report conducted by a scientist the state didn't call. Is the defendant's right to confront adverse witnesses violated? Not if the report was done for reasons other than proving the defendant's guilt.

Don’t Let a Disruption Be a Practice Disaster

By Jennifer Ramovs
November
2016
Column
Page 54
Can you keep your practice running in the face of fire, flood, or other natural or man-made events?

Don’t Make Outlook Your ‘Practice Management Software’

By Jennifer Ramovs
October
2016
Column
Page 51
Outlook is a powerful personal manager, but it's not a replacement for a true law practice management program.

Driver’s licenses may be suspended or revoked for illegal possession of medical cannabis

February
2016
Illinois Law Update
Page 18
The Secretary added "illegal possession of medical cannabis in a motor vehicle" to the list of offenses for which a license may be suspended or revoked in the section titled "Cancellation, Revocation or Suspension of Licenses or Permits."

Dually licensed facilities will continue to qualify for enhanced rates

November
2016
Illinois Law Update
Page 18
Amendments to the Department of Human Services regulations replaced the prior existing emergency-measure that allowed for dually licensed facilities to qualify for an enhanced rate in certain circumstances.

DUI and Blood Alcohol Tests after Birchfield v. North Dakota

By David J. Robinson & Tess Schwartz
October
2016
Article
Page 28
Though Birchfield will have little impact on most DUI cases in Illinois, its real importance for defense lawyers is that it requires both warrantless BAC breath tests and blood-draws to be performed incident to arrest.

DuPage launches mandatory e-filing

By Matthew Hector
January
2016
LawPulse
Page 12
Effective January 1, DuPage County will be the first Illinois circuit court to require electronic filing for all new civil cases and any new filings in existing cases.

The Edifying, Satifying, Malpractice-Claim-Defying Power of Story

By Karen Erger
June
2016
Column
Page 48
The tales seasoned lawyers tell of their challenges - unhappy clients, errors, unreasonable opponents - can help developing lawyers find their way around similar obstacles.

Education grants established for persons exonerated of wrongful convictions

April
2016
Illinois Law Update
Page 18
The Commission adopted a new Part titled Grant Program for Exonerees pursuant to Pub. Act 99-199. 23 Ill. Adm. Code 2743 (eff. Jan. 7, 2016).

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