Illinois Bar Journal

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2018 Articles

The Mindful Lawyer

By Ed Finkel
March
2018
Cover Story
Page 28
Mindfulness and meditation - even a few minutes daily - can reduce stress, help you connect with clients, and enable you to concentrate better. And now you can earn MCLE credit as you learn meditation techniques.

More Bang for Your Buck

By Ed Finkel
September
2018
Cover Story
Page 20
You've just renewed your ISBA membership—or are about to. Either way, it's time to consider all the benefits that come with ISBA membership, especially since the association has launched several new and improved benefits.

Mother dispositionally unfit to care for minors after failing to comply with requirements

May
2018
Illinois Law Update
Page 18
On January 31, 2018, the Appellate Court of Illinois for the Third District found the respondent mother dispositionally unfit and made the father sole guardian and custodian while terminating wardship of the minors.

Multiple methamphetamine manufacturing charges not improper under the one-act, one-crime doctrine

October
2018
Illinois Law Update
Page 18
On Aug. 6, 2018, the Fourth District Appellate Court of Illinois held that the one-act, one-crime doctrine is not violated when each count requires a different act.

My Pillow Case, Well Rested

By Pete Sherman
November
2018
LawPulse
Page 12
The Illinois Supreme Court rules against a Chicago law firm seeking legal expenses in its qui tam action against a pillow company.

Name change provided for in dissolution of marriage

April
2018
Illinois Law Update
Page 16
The Illinois Marriage and Dissolution of Marriage Act is amended and provides that the court order in a dissolution of marriage shall contain a provision authorizing the person to resume use of his or her former or maiden name, should he or she choose to do so.

Natural disaster credit for homeowners affected by 2017 flood

February
2018
Illinois Law Update
Page 18
The Illinois Income Tax Act has been amended to include section 226, which establishes a Natural Disaster Credit.

Network Adequacy and Transparency Act amended to limit its applicability and remove fines

September
2018
Illinois Law Update
Page 16
The amendatory act restricts the Network Adequacy and Transparency Act ("the Act") from applying to an individual or group policy for dental or vision insurance or to a limited health service organization with a network plan amended, delivered, issued, or renewed in Illinois on or after Jan. 1, 2019.

New documentation requirements for money pool agreements

March
2018
Illinois Law Update
Page 24
The Illinois Commerce Commission adopted new amendments requiring increased documentation relating to money pool agreements (Ill. Adm. Code 340.60) (eff. Dec. 15, 2017).

New exemptions to Retailers’ Occupation Tax

April
2018
Illinois Law Update
Page 16
The Department of Revenue adopted amendments to the Retailers' Occupation Tax Act (86 Ill. Adm. Code 130 (eff. Jan. 1, 2018)) excluding intangible personal property from the scope of the Retailers' Occupation Tax.

New factors used in calculating maintenance award duration

April
2018
Illinois Law Update
Page 16
The Illinois Marriage and Dissolution of Marriage Act is amended to adjust the minimum threshold for certain maintenance provisions and the factors used in calculating maintenance duration.

New guidelines for administrative hearings conducted by the Office of the Treasurer

August
2018
Illinois Law Update
Page 16
The Office of the Treasurer adopted a new Part titled Rules of Practice in Administrative Hearings (74 Ill. Adm. Code 730 (effective May 23, 2018)) providing guidance on administrative hearings conducted by the state treasurer that are not specifically provided for within the Illinois Administrative Code.

New requirement for grandparents and nonparents seeking visitation rights

October
2018
Illinois Law Update
Page 18
The Illinois Marriage and Dissolution of Marriage Act was modified to require that grandparents and great-grandparents seeking visitation rights for a grandchild with unmarried parents need only legally establish the parent-child relationship for the parent to whom they are related.

New road test requirements for restricted local driver’s licenses

June
2018
Illinois Law Update
Page 16
Issuance of Licenses regulations (92 Ill. Adm. Code 1030) (eff. Mar. 5, 2018) have been amended to modify the road test for persons applying for a restricted local driver's license.

New standards in evaluating the conduct of opioid-prescribing physicians

September
2018
Illinois Law Update
Page 16
Doctors prescribing opioids in Illinois will now be evaluated against the professionalism conduct standards outlined by a national medical board.

NIU law school lowers out-of-state tuition to in-state rate

By Matthew Hector
April
2018
LawPulse
Page 10
The Northern Illinois University College of Law hopes the move will result in a more diverse and competitive applicant pool.

No remittitur in personal injury trial when jury found willful and wanton conduct based on negligent hiring theory

October
2018
Illinois Law Update
Page 18
On June 28, 2018, the First District Appellate Court of Illinois held that given evidence as to management, reduction of safety managers, overtime hours, and prior OSHA violations, the plaintiff sufficiently established proximate cause in a willful and wanton conduct personal injury claim based upon a negligent hiring theory.

A non-attorney plaintiff may not collect legal fees charged to defendant

December
2018
Illinois Law Update
Page 14
On Sept. 14, 2018, the Third District Appellate Court of Illinois held that a plaintiff, who is not an attorney, cannot, under any circumstances, receive compensation for any legal services under Illinois law.

Noncompetes: Consideration, Peppered with Confusion

By Hon. John C. Anderson
November
2018
Article
Page 32
Courts hold that postemployment restrictive covenants must be supported by adequate consideration, generally characterized as "employment for a substantial period of time." But what is a "substantial period of time"? Illinois Supreme Court guidance would be helpful.

Notification requirement removed from corporate applications for banks and corporate fiduciaries

May
2018
Illinois Law Update
Page 18
A requirement under the Corporate Fiduciary Act (205 ILCS 620) that banks and savings banks file notice with the Department of Financial and Professional Regulation when they intend to establish a branch office has been removed.

Observe, Act, and Understand

By Jennifer M. Danish
December
2018
Column
Page 44
There is no contradiction between having a mental illness and being a successful attorney.

Office of Inspector General required to forward investigative reports to facility or agency where abuse or neglect occurred

October
2018
Illinois Law Update
Page 18
In July, the Department of Human Services (DHS) adopted amendments to the procedures the Office of Inspector General must follow when investigating alleged abuse or neglect occurring in state-operated facilities and community agencies

The opioid crisis in Illinois

By Matthew Hector
July
2018
LawPulse
Page 10
An update on the breadth and scope of opioid addiction in Illinois, from mass litigation to ethical considerations.

Opioid prescribers required to complete controlled substance continuing education hours

November
2018
Illinois Law Update
Page 18
The Illinois Controlled Substances Act is amended to mandate a Controlled Substance-Continuing Education requirement for opioid prescribers.

Out on a Limb?

By Ed Finkel
December
2018
Cover Story
Page 22
More attorneys are sharing their stories about mental illness and substance abuse. Are we ready to listen?

Out-of-court verbal agreement is grounds for equitable estoppel where one party relied on the other’s acquiescence and acceptance of payments

July
2018
Illinois Law Update
Page 16
The court affirmed the trial court's reduction of child support arrearage on the basis of equitable estoppel. Equitable estoppel exists where a party induces a second party to rely, to its detriment, on statements of conduct of the first party.

Outsourced Bookkeeping-Is Your Firm a Candidate?

By Jennifer Ramovs
August
2018
Column
Page 44
Many solo and small firm attorneys struggle with bookkeeping. Read on to be reminded of how important it is and to learn whether outsourcing is a good option for your firm.

Parent not entitled to relocation order when voluntarily underemployed

July
2018
Illinois Law Update
Page 16
The Illinois Appellate Court reversed a relocation order and found that the relocation was against the best interest of the children when the mother would remain in Illinois and the father could find favorable employment in Illinois.

Parenting-time proposals shift focus from children to parents, critics say

By Matthew Hector
May
2018
LawPulse
Page 12
Among other changes, controversial proposed legislation would impose a rebuttable presumption in favor of a 50/50 split in parenting time.

Park district protected by Tort Immunity Act for crack in trail pavement

March
2018
Illinois Law Update
Page 24
Plaintiff was bicycling on Lakefront Trail, a shared-use path along the shore of Lake Michigan, when his front wheel got caught in a crack in the pavement. He fell and was injured.

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