Publications

Articles From 2017

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Pages

1,335 new attorneys admitted to practice in Illinois

December
2017
Column
Page 44
The attorney roles grew by 1,335 last month as new lawyers took the oath at five locations across Illinois.

2017 IBF Gala; ISBA Assembly to elect delegates to ABA House.

October
2017
Column
Page 58
Senator Dick Durbin will be the featured honoree and speaker at the 2017 Illinois Bar Foundation Gala at the Four Seasons Hotel in Chicago Friday, October 20.

2017 Laureates inducted; announcing ISBA’s new online lawyer directory

May
2017
Column
Page 49
The ISBA Academy of Illinois Lawyers inducted its 2017 class.

2017 Spring Legislative Roundup

By Jim Covington
August
2017
Article
Page 22
The General Assembly approved legislation authorizing collaborative law in divorce, reducing the risk that appeals of administrative review are thrown out for minor errors, and limiting civil asset forfeiture, among other important action.

Absolving search fees for persons on parole

November
2017
Illinois Law Update
Page 20
Amendments to the Vital Records Act ensure that a search fee for birth and death records will not be required if the person presents a prescribed verification form completed by the Department of Corrections with the person's date of birth and social security number (410 ILCS 535/25(1)).

Accusations against judges: Balancing lawyer ethics and the First Amendment

By Matthew Hector
May
2017
LawPulse
Page 10
If you accuse a judge of misconduct, make sure your accusation is based on facts, not your subjective belief. Otherwise, you can run afoul of ethics rules.

Achieving a Better Life Experience (ABLE) Account Program establishes tax advantage for disabled or blind people

September
2017
Illinois Law Update
Page 18
The Office of the Treasurer adopted the ABLE Program, which establishes a tax-advantaged program for disabled or blind people.

Acknowledged Estate Planning Documents Are Self-Authenticating Evidence

By David M. Madden
November
2017
Article
Page 44
Having a document acknowledged by a notary when it's executed can overcome a challenge to its authenticity at trial and ensure it will be admissible into evidence.

Act reducing size of civil juries from twelve to six is facially unconstitutional and invalid

February
2017
Illinois Law Update
Page 20
The Illinois Supreme Court held that Public Act 98-1132, which limits the size of a civil jury to six people and increases the amount paid per day to jurors, is facially unconstitutional.

Actual knowledge of employee’s “particular unfitness” is not required to recover punitive damages for negligent employment

November
2017
Illinois Law Update
Page 20
A court may allow a claim for punitive damages in a negligent employment case if evidence reasonably supports a finding that the employer acted willfully, or with a certain level of gross negligence as to indicate a wanton disregard for the rights of others.

Administrative agencies should clarify the meaning of service date in notice provisions

May
2017
Illinois Law Update
Page 16
The Illinois Supreme Court affirmed a circuit court's finding of jurisdiction over a case despite the plaintiff's failure to file her complaint for judicial review of the Department of Children and Family Services' ("DCFS") decision within 35 days of service of notice.

Admissibility of Social Media Evidence in Illinois

By Richard S. Kling, Khalid Hasan, and Martin D. Gould
January
2017
Article
Page 38
Is social media evidence admissible in Illinois? The short answer is yes, if the proper requirements are met. Here's a look at the applicable law and how to lay proper foundation in Illinois.

The advantages of federal e-filing come to Illinois

By Matthew Hector
September
2017
LawPulse
Page 12
Illinois lawyers who practice in federal court look forward to PACER-like convenience from the statewide e-filing system.

Allegations of inadequate child supervision require “blatant disregard” of parental or caregiver responsibilities

July
2017
Illinois Law Update
Page 18
This amendment revises the Abused and Neglected Child Reporting Act ("ANCRA") by amending the criteria for making an allegation of inadequate supervision to require "blatant disregard" of parental or caregiver responsibilities.

Allocation of companion animal during the dissolution of marriage

December
2017
Illinois Law Update
Page 16
The Illinois Marriage and Dissolution of Marriage Act has been amended to address the allocation of companion animals

Amendment of Pharmacy Practice Act requires patient counseling

November
2017
Illinois Law Update
Page 20
The Pharmacy Practice Act regulations (41 Ill. Reg. 1283) have been amended to change the duty of pharmacists to provide counseling to patients about their prescription medications.

Amendments clarify caps on gainful employment income and disability benefits for the Teachers’ Retirement System

January
2017
Illinois Law Update
Page 20
The Teachers' Retirement System (TRS) adopted amendments to "The Administration and Operation of the Teachers' Retirement System." Additions to the disability benefits and disability retirement annuity sections clarify how contributions to retirement plans affect employment income calculations.

Amendments enable pyschologists and social workers to participate in the Medical Assistance Program

September
2017
Illinois Law Update
Page 18
New amendments adopted by the Department of Healthcare and Family Services ("HFS") allow licensed clinical psychologists ("LCPs") and licensed clinical social workers ("LCSWs") to enroll as providers in the Medical Assistance Program.

Amendments for apportioning business income in Illinois

November
2017
Illinois Law Update
Page 20
The Department of Revenue amended two sections of the Income Tax Code regulations (40 Ill. Reg. 15878, 16711) to provide an alternate formula for apportioning business income in Illinois.

Amendments to the Gramm-Leach-Bliley Act lessens administrative burdens on some financial institutions

July
2017
Illinois Law Update
Page 18
The Department of Insurance adopted amendments to the Personal Information Privacy Protection regulations regarding the treatment of personal information by insurance providers licensed by the Illinois Department of Insurance.

Amendments to the Property Tax Code affect notice for erroneous homestead exemptions

January
2017
Illinois Law Update
Page 20
Amendments to the Property Tax Code (eff. Aug. 19, 2016) provide additional requirements for notice in regard to erroneous homestead exemptions in counties with more than 3 million inhabitants.

Amendments to the Video Gaming Act give the Illinois Gaming Board exclusive authority over use agreements between terminal operators and gaming locations

October
2017
Illinois Law Update
Page 18
Adopted amendments to the Video Gaming Act (11 Ill. Adm. Code 1800 (eff. June 13, 2017)) replaces a previous emergency amendment from February 7, 2017, and implements the decision reached by the Illinois Supreme Court in J&J Ventures Gaming, LLC v. Wild Inc., 2016 IL 119870. This amendment provides the Illinois Gaming Board (IGB) with exclusive authority over use agreements between terminal operators and licensed video gaming locations.

An appeal does not automatically stay the enforcement of the board’s order in an unfair labor practice case

December
2017
Illinois Law Update
Page 16
The appellate process in section 11 of the Illinois Public Labor Relations Act is amended to reflect that the filing of an appeal to the Appellate Court does not automatically stay the enforcement of the Board's order.

Appeals of denied payments for ambulance services to be reviewed de novo and allow any documentation supporting medical necessity

July
2017
Illinois Law Update
Page 18
Amendments to Practice in Administrative Hearings revises the appeal process for ambulance providers whose payments have been denied or reduced, or who have been prohibited from enrollment as medical assistance providers.

Appellate courts lack jurisdiction to review temporary orders for child support and maintenance

May
2017
Illinois Law Update
Page 16
A trial court did not have jurisdiction to review temporary orders for child support and maintenance pursuant to Supreme Court Rule 306.

Are Courts Expanding an Insurer’s Duty to Pay for an Insured’s Independent Counsel?

By Randall W. Slade and Scott O. Reed
March
2017
Article
Page 48
Illinois cases have declined to require an insurer to pay for independent counsel merely because the plaintiff demanded more than the insurance limits. But several recent federal cases have.

Are You a Lincoln Lawyer?

By Guy Fraker and J. Steven Beckett
August
2017
Column
Page 44
In his "Notes for a Law Lecture," Lincoln left a blueprint for good lawyering. His advice is echoed in case law and the Illinois Rules of Professional Conduct.

Arguing Affidavits of Support

By Stephanie L. Tang
August
2017
Article
Page 34
U.S. citizens must complete an affidavit of support if they file for their immigrant spouse to become a permanent resident. But if the partners divorce, the support obligation created by the affidavit is strict and potentially indefinite.

Assembly OKs futures report, approves UBE and collaborative law proposals

January
2017
Column
Page 52
At its December 10 meeting, the ISBA Assembly approved the recommendations of the ISBA Task Force on the Future of Legal Services, voted to support adoption of the Uniform Bar Exam in Illinois, and endorsed legislation and an ethics rule change to expressly authorize collaborative law.

At the End of the Day

By Karen Erger
June
2017
Column
Page 44
Tips for leaving the office more satisfied with the work you've done today and more likely to succeed tomorrow.

Pages