2016 Articles

Sales to Intentionally Defective Grantor Trusts: The Risks and Rewards

By Aaron D. Evans
February
2016
Article
, Page 34
Making installment sales to intentionally defective grantor trusts can be a valuable estate-freezing strategy. But there are pitfalls posed by recent IRS scrutiny.

Schedule Time for Yourself

By Umberto S. Davi
January
2016
Column
, Page 10
Don't forget to put "having a life" on your calendar.

Search-Based Tips for Better Website Marketing

March
2016
Column
, Page 56
Six tips to ensure that your website is meeting your marketing needs.

Second district holds that referral fee agreements need not include provision regarding attorneys’ joint assumption of financial responsibility

December
2016
Illinois Law Update
, Page 16
The Second District of the Illinois Appellate Court recently held that a written referral agreement for division of attorneys' fees did not have to contain an express statement that the lawyers assumed joint financial responsibility for representing the client.

Senate bill aims to limit law enforcement agency objections to concealed carry license applicants

August
2016
Illinois Law Update
, Page 18
Currently, the Firearm Concealed Carry Act (430 ILCS 66/15) allows any law enforcement agency to submit an objection to the Department of State Police before an application is considered by the Concealed Carry Licensing Review Board.

Senate bill proposed to raise the threshold monetary value for felony criminal property damage

July
2016
Illinois Law Update
, Page 18
Senate Bill 2907 would amend the Criminal Code of 2012 by increasing the threshold value of criminally damaged property in order for the destruction to be considered a felony crime.

Senate bill proposes a new tax deduction to account for “personal interest”

August
2016
Illinois Law Update
, Page 18
A recent Senate bill proposes a new tax deduction for individual taxpayers that, if passed, would modify an individual's adjusted gross income for calculating "base income."

Sentencing scheme for aggravated unlawful use of a weapon does not violate Illinois Constitution’s Proportionate Penalties Clause

March
2016
Illinois Law Update
, Page 26
On December 3, 2015, the Supreme Court of Illinois reversed a circuit court's order and held that section 24-1.6(a)(1), (a)(3)(C) of the Aggravated Unlawful Use of a Weapon (AUUW) statute does not violate the Proportionate Penalties Clause of the Illinois Constitution or the Equal Protection clauses of the United States and Illinois Constitutions.

Sexual Assault Survivors Emergency Treatment Act amended to restrict certain healthcare provider billing practices

April
2016
Illinois Law Update
, Page 18
The new section of the Sexual Assault Survivors Emergency Treatment Act (SASETA) provides details on reimbursement procedures for services rendered by hospitals and healthcare professionals to sexual assault survivors.

Sexual assault victims granted stricter protections and timely transfer of evidence from hospital to police

November
2016
Illinois Law Update
, Page 18
Upon the completion of hospital emergency services and forensic services, health care professionals providing forensic services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing.

The Shrinking Warranty of Habitability: Fattah v. Bim

By Kelly M. Greco
October
2016
Article
, Page 36
If a buyer waives the implied warranty of habitability and later sells the home, does that waiver protect the builder against claims by the second buyer, even if buyer #2 didn't know about the waiver? In Fattah v. Bim, the Illinois Supreme Court says "yes."

Sick leave benefits extended to absences relating to family members

November
2016
Illinois Law Update
, Page 18
The Employee Sick Leave Act now allows employees to use personal sick leave benefits provided by their employer for absences relating to family members.

Small businesses with direct shipping processes may have additional taxes

June
2016
Illinois Law Update
, Page 18
The Illinois Supreme Court's holding in Kean v. Wal-Mart Stores, Inc., 235 Ill.2d 351 (2009) spurred amendments to 86 Ill. Adm. Code 130 (eff. April 1, 2016) addressing the Department's regulations governing the taxability of transportation and delivery charges.

Sosin elected 3rd VP; 518 attorneys sworn in; ISBA voices opposition to nonlawyer investment in, ownership of law firms.

June
2016
Column
, Page 52
David Sosin of Orland Park won the 2016 race for ISBA third vice-president.

Stalking and cyberstalking statutes held unconstitutional for lack of mens rea requirement

September
2016
Illinois Law Update
, Page 18
On June 24, 2016, the First District of the Illinois Appellate Court vacated a defendant's conviction and sentence for stalking and cyberstalking, finding that both crimes are unconstitutional as they lack a mens rea requirement.

State and local government duties to employees in litigation limited

January
2016
Illinois Law Update
, Page 18
State and local government employees are now explicitly denied the benefits of governmental support when involved in criminal proceedings or investigations.

State must prove beyond a reasonable doubt a controlled substance was within 1,000 feet of a school

September
2016
Illinois Law Update
, Page 18
On June 17th, 2016, the Appellate Court of Illinois reversed a defendant's conviction for delivery of a controlled substance within 1,000 feet of a school.

Statewide forms released for interim fee awards, financial affidavits in divorce

By Matthew Hector
June
2016
LawPulse
, Page 12
The Illinois Supreme Court has released two required statewide forms for divorce cases, and legislators have introduced a bill to remove ambiguities in last year's IMDMA rewrite.
2 comments (Most recent June 1, 2016)

Stepping to Center Court

By Ed Finkel
July
2016
Cover Story
, Page 22
Joliet and Wheaton trial lawyer Vincent F. Cornelius, the first African American to lead the ISBA, will focus his year on new lawyers, diversity and inclusion, and high-quality CLE for small-firm lawyers.

Strict compliance with Illinois Supreme Court Rule 604(d) does not require attorney certificate to be filed prior to postplea motions

January
2016
Illinois Law Update
, Page 18
On November 4, 2015, the Supreme Court of Illinois held that the attorney certificate required by Illinois Supreme Court Rule 604(d) does not have to be filed at or prior to a defendant's postplea motion.

Study: Court fees and costs are too high, rising too fast

By Matthew Hector
December
2016
LawPulse
, Page 10
Filing fees and court costs are rising faster than inflation and having a disproportionate impact on the poor, according to a study commissioned by the Illinois General Assembly.
1 comment (Most recent December 8, 2016)

Summary judgment affirmed when plaintiff’s testimony is inadmissible under the Dead Man’s Act and no other proof of negligence available

December
2016
Illinois Law Update
, Page 16
The second district affirmed a summary judgment ruling for the defendant over the plaintiff's claims that the pleadings established a question of material fact.

Supercharged Social Media Marketing

By Ed Finkel
January
2016
Cover Story
, Page 24
Are you using Google Plus? Blogging? Using video? Describing yourself consistently across social media and the web? Find out what social media power users are doing to market their practices.

Tax on Legal Services Ahead? Help LAWPAC Help Lawyers

By Umberto S. Davi
February
2016
Column
, Page 10
This will be an important year in Springfield, and LAWPAC needs your help.

Taxing legal services still on the table

By Matthew Hector
February
2016
LawPulse
, Page 12
Studies by independent think tanks argue that while increasing service taxes is a good idea, extending that tax to professional services isn't.

Taxpayers subject to longer time frames for Department to claim deficiencies on returns and agency action affecting refund claims

November
2016
Illinois Law Update
, Page 18
The Department of Revenue adopted amendments to the guidelines it follows in determining the statute of limitations for filing deficiencies against a taxpayer and a taxpayer's ability to file refund claims.

Temporary increases in deductions for disabled residents in long term care expired prompting return to 2014 standards

November
2016
Illinois Law Update
, Page 18
The Department of Healthcare and Family Services adopted an amendment to the Medical Assistance Programs reducing personal need allowances for residents of assisted living facilities.

Testimony regarding lack of intent to gift does not rebut presumption of transmutation of nonmarital funds to marital property

October
2016
Illinois Law Update
, Page 18
The First District Appellate Court rejected all three arguments in a wife's appeal regarding the property division in her marriage dissolution.

Thank You, Bar Presidents

By Vincent F. Cornelius
December
2016
Column
, Page 9
An honor role of bar presidents from throughout the state.
2 comments (Most recent March 17, 2017)

Tips for Hiring Your First Associate

February
2016
Column
, Page 45
Don't forget to consider the cost of training.