Publications

Articles From 2019

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“Transportation companies” defined and subject to Illinois income tax liability

January
2019
Illinois Law Update
Page 16
DOR adopted an amendment to the Income Tax Code (86 Ill. Adm. Code 100 (effective Oct. 12, 2018)), providing a definition of "transportation company" for purposes of the apportionment formula for taxpayers providing transportation services.

18 Quick and Easy Tech Tips for 2019

By Ed Finkel
February
2019
Cover Story
Page 20
A sneak preview of Affinity Consulting partner Barron Henley's ISBA Free On-Demand CLE program, "60 Legal Tech Tips, Tricks, Gadgets, and Websites in 60 Minutes."

Abraham Lincoln and the Illinois Supreme Court

By John A. Lupton
January
2019
Column
Page 46
Lincoln's appellate skills helped establish his reputation as a lawyer's lawyer.

Amendment to the Equal Pay Act prohibits wage discrimination against African-American employees

February
2019
Illinois Law Update
Page 14
The Equal Pay Act of 2003 is amended to prohibit employers from discriminating between employees.

Amendment to the Illinois Public Aid Code provides for Medicaid Long-Term Care Provisional Eligibility

February
2019
Illinois Law Update
Page 14
The Illinois Public Aid Code has been amended by changing section 11-5.4 ("Expedited long-term care eligibility determination and enrollment").

Amendment to the School Code creates Emotional Intelligence and Social and Emotional Learning Task Force

February
2019
Illinois Law Update
Page 14
The School Code has been amended to create an Emotional Intelligence and Social and Emotional Learning Task Force. The task force is created to develop curriculum, create assessment guidelines, and establish best practices on emotional intelligence and social and emotional learning.

Cannabis and Controlled Substances Tax Act repealed due to unconstitutionality

January
2019
Illinois Law Update
Page 16
DOR also repealed the Cannabis and Controlled Substances Tax Act (86 Ill. Adm. Code 428 (effective Oct. 4, 2018)), because the underlying statute was declared unconstitutional and is no longer enforced.

Cases dismissed for failure to state a cause of action should not be awarded attorney fees under anti-SLAPP statute

February
2019
Illinois Law Update
Page 14
A condominium association's board sued the property's owner seeking declaratory judgment regarding a parking-place lease.

Clients From Hell

By Karen Erger
January
2019
Column
Page 48
A concise field guide to common and problematic client species you may encounter in the field.

Code of Criminal Procedure amended to allow informant testimony with less than 30-day notice

February
2019
Illinois Law Update
Page 14
The Code of Criminal Procedure of 1963 is amended by changing section 115-21 ("Informant Testimony") as follows. Courts may permit the prosecution to disclose its intent to introduce the testimony of an informant with less notice than the 30-day notice required under subsections (c) and (d) of this section, if the court finds that the informant was not known prior to the 30-day notice period.

Crossing the Threshold

By Charles J. Northrup
January
2019
Column
Page 52
What are your ethical duties regarding an impaired lawyer?

Cybersecurity training instituted for state employees

March
2019
Illinois Law Update
Page 20
The Department of Innovation and Technology adopted new rules labeled Mandatory Cybersecurity Training, in accordance with new legislation (80 Ill. Adm. Code 4000 (effective Jan. 1, 2019)).

DCFS adopts the reasonable and prudent parent standard

February
2019
Illinois Law Update
Page 14
The Department of Children and Family Services adopted amendments to Licensing Standards for Foster Family Homes (89 Ill. Adm. Code 402), Licensing Standards for Group Homes (89 Ill. Adm. Code 403), and Licensing Standards for Children Care Institutions and Maternity Centers (89 Ill. Adm. Code 404), all effective Oct. 31, 2018.

Do You Worry About How Much You Worry?

By Diana Uchiyama
March
2019
Column
Page 44
When anxiety crosses the threshold from normal to excessive, it's time to seek help.

Don’t Think Disaster Can’t or Won’t Happen

By Jennifer Ramovs
January
2019
Column
Page 44
Planning ahead is the only way to deal with unforeseen disasters. Learn best-practice tips to implement in your firm before disaster strikes.

A Doobious Dilemma

By Rhys Saunders
January
2019
LawPulse
Page 10
Should Illinois legalize recreational marijuana, an amendment to the Illinois Rules of Professional Conduct adopted in 2016 may already provide cover for attorneys who counsel clients engaged in pot-related ventures.

Election residency changes enfranchise long-term patients

January
2019
Illinois Law Update
Page 16
Election restrictions placed on those in healthcare facilities have been modified to be less onerous on those patients in long-term care.

Fertility treatments must be covered by Illinois insurers in cases of iatrogenic infertility

January
2019
Illinois Law Update
Page 16
An amendment to the Illinois Insurance Code expands the fertility obligations of health insurers with enrollees who are facing iatrogenic infertility.

A Firm Stance

By James F. McCluskey
February
2019
Column
Page 8
As the Illinois Supreme Court weighs options for fee sharing with nonlawyers, the ISBA remains opposed.

Former attorney is not considered a “party” after seeking fees and costs

January
2019
Illinois Law Update
Page 16
Seeking attorney fees and costs under section 508(c) of the Illinois Marriage and Dissolution of Marriage Act does not constitute a "distinct cause of action" that allows the other party to, in return, seek fees resulting from the hearing on the section 508(c) petition.

From the Newsletters - Estate Planning for Second Marriages

By Richard W. Kuhn
March
2019
Article
Page 24
Practical advice for estate planning attorneys encountering this emerging client demographic.

From the Newsletters - Renewable Energy Construction Contracts

By Nathan Hinch
February
2019
Article
Page 18
Before giving away the (solar or wind) farm, caveat emptor tips for land owners and bidding contractors.

Full consideration of interest factors must be given in setting permanency goals

March
2019
Illinois Law Update
Page 20
On Nov. 21, 2018, prior to the birth of the minor, the Illinois Department of Children and Family Services had opened cases against the respondent mother as to her six other children.

Gear Up

By Ed Finkel
January
2019
Cover Story
Page 20
A Carbondale attorney's tips for using your own courtroom presentation technology.

General and Boilerplate Objections: Curbing Routine Abuse of the Discovery Process

By Gregory R. Jones
February
2019
Article
Page 24
The impropriety of general and boilerplate objections; and, recommendations and potential solutions for curtailing them.

General Member Referral Directory

January
2019
Column
Page 28
Find a qualified ISBA member when a case falls outside of your area of practice.

Get the Tax Facts

By Jesse Bowman
March
2019
Column
Page 48
The Illinois Department of Revenue's website makes researching taxes less daunting.

Getting Your House in Order

By James F. McCluskey
January
2019
Column
Page 8
ISBA's Financial Health & Wellness Subcommittee to help retiring lawyers looking to sell their practice.

Hemingway’s Way

By Justice Michael B. Hyman
March
2019
Column
Page 46
We can learn much from Hemingway's sparse, crisp prose, which did not come naturally to him either.

Illinois food rules correspond with FDA rules

March
2019
Illinois Law Update
Page 20
The Department of Public Health repealed 41 sections of the existing food code and simultaneously introduced new provisions in Illinois that align Illinois' grading system methods with those of the Food and Drug Administration (FDA) (77 Ill. Adm. Code 750 (effective Dec. 7, 2018)).

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