2019 Articles

Can You See It? Predicting an Augmented Future for Illinois Attorneys

By Alexander E. Porter
June
2019
Article
, Page 38
Augmented reality technologies and the inherent legal issues that arise from them.

Cannabis and Controlled Substances Tax Act repealed due to unconstitutionality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DOR also repealed the Cannabis and Controlled Substances Tax Act (86 Ill.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.

The CaseLaw Access Project: 360 Years in the Making

By Jesse Bowman
July
2019
Column
, Page 50
A free database developed by the Harvard Law School Library Innovation Lab provides access to American and territorial caselaw dating back to 1658.

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.

A Cautionary Tale for In-house Counsel

By Sari Montgomery, Scott Kozlov, & Nancy Vincent
July
2019
Column
, Page 52
Illinois Supreme Court Rule 716 and the Illinois bar.

Chicago can ban food trucks from parking within 200 feet of restaurants

August
2019
Illinois Law Update
, Page 16
On May 23, 2019, the Illinois Supreme Court held sections 7-38-115(f) and 7-38-115(l) of the Municipal Code of Chicago to be constitutionally valid.

Chicago police practice of arresting upon “investigative alert” is unconstitutional

December
2019
Illinois Law Update
, Page 16
The defendant was arrested solely on the authority of an “investigative alert.”

Chinese herbology requires proof of status

November
2019
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Acupuncture Practice Act to include new training and certification requirements for those licensed under the Act.

Cities and counties, not townships, control zoning process for wind farms

July
2019
Illinois Law Update
, Page 16
or areas that exist outside a city’s jurisdictional limits, the county is the only body that can enact wind-farm zoning regulations, even if the county has not “formed a zoning commission and adopted formal zoning.”

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.

College Student Credit Card Marketing and Debt Task Force

September
2019
Illinois Law Update
, Page 14
The Credit Card Marketing Act of 2009 was amended to create the College Student Credit Card Marketing and Debt Task Force.

Coming to a Deal Near You: Representations and Warranties Insurance

By Stephen Sayre & Brendan Cahill
November
2019
Article
, Page 34
What you need to know about representations and warranties insurance when navigating the sale of your client’s business.

Commission alters document submission requirements

September
2019
Illinois Law Update
, Page 14
The Illinois Commerce Commission (ICC) adopted amendments to Rules of Practice (83 IAC 200; 42 Ill. Reg. 19323) that permit the certification of documents under the procedures established in the Code of Civil Procedure.

Communicating With Clients

September
2019
Article
, Page 13
Communicating with clients through Facebook and texting: pros and cons. 

Companies may delegate authority to approve securities transactions

April
2019
Illinois Law Update
, Page 14
The Department of Insurance has adopted new amendments applying to internal security standards and fidelity bonds that define companies subject to the rulemaking and amends rules for securities transactions (50 Ill. Adm. Code 904 (effective Jan.11, 2019)).

Confidentiality and Client Communications in Illinois

By Jeffrey A. Parness
November
2019
Article
, Page 30
There are pitfalls for attorneys who assume that a privilege follows whenever client communications are preceded simply by promises to maintain confidences.

Confiscation of car keys tantamount to arrest requiring probable cause

July
2019
Illinois Law Update
, Page 16
On May 6, 2019, the Third District Appellate Court affirmed the circuit court’s decision to grant the defendant’s motion to suppress evidence because the police officer did not have probable cause to search the defendant’s vehicle without a warrant for evidence of driving with an open container of alcohol.

A Consistent Position

By James F. McCluskey
April
2019
Column
, Page 8
The ISBA continues to support the longstanding ban on fee sharing with nonlawyers; meanwhile, the ARDC and the Chicago Bar Foundation have revised their arguments for lifting it.

Consolidated real estate prelicense education and continuing education licenses

April
2019
Illinois Law Update
, Page 14
The Department of Financial and Professional Regulation issued a rulemaking which consolidates the licenses for providers of real estate prelicense education and continuing education into a single education provider license (68 Ill. Adm. Code 1450 (effective Jan. 25, 2019)).

Consumer complaint filing requirements aligned with electronic tracking and maintenance

May
2019
Illinois Law Update
, Page 14
The Department of Insurance (DOI) adopted amendments to Insurance Department Consumer Complaints (50 Ill. Adm. Code 926), Construction and Filing of Life Insurance and Annuity Forms (50 Ill. Adm. Code 1405), Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits (50 Ill. Adm. Code 1412), Insurance Oversight Data Collection (50 Ill. Adm. Code 2907), and Summary Document and Disclaimer (50 Ill. Adm. Code 3401), all effective Feb. 25, 2019.

Conviction reversed after playing video in open court chilled jury deliberations

October
2019
Illinois Law Update
, Page 14
On July 23, 2019, the Third District Appellate Court reversed and remanded a defendant’s conviction, holding that a clear or obvious error occurred when the lower court required the jury to view and listen to video and audio recordings of the arrest in the courtroom in the presence of the parties, their attorneys, and the trial judge, as the presence of these third parties chilled jury deliberations.

Corporate liability possible under Gender Violence Act

August
2019
Illinois Law Update
, Page 16
On May 17, 2019, the Third District Appellate Court of Illinois held that in certain circumstances, a corporation or other legal entity may be held civilly liable under the Gender Violence Act.

County can get injunctive relief to remove unsafe garbage or waste from private property

October
2019
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Counties Code to provide an additional remedy for counties that find residential properties of one acre or less containing concentrations of unsafe garbage and other waste.

Court correct in barring reduced medical treatment testimony and issuing punitive-damage award

December
2019
Illinois Law Update
, Page 16
Plaintiffs were awarded $19.155 million, plus $35 million in punitive damages, following a jury trial for injuries sustained in a rear-ender vehicular accident in Indiana.

Court’s own driving knowledge considered judicially noticed fact when it ruled on evidence suppression

May
2019
Illinois Law Update
, Page 14
A traffic stop based on failure to signal a lane change led to police finding methamphetamine after searching the defendant's vehicle.

Cracking Open the Corporate Coffer

By Thomas Drysdale
August
2019
Article
, Page 38
Unclear Seventh Circuit precedent and conflicting district court opinions have left unresolved whether corporate financial information is discoverable in relation to a punitive-damages claim in federal court.  
1 comment (Most recent August 13, 2019)

Criminal sex crimes statute of limitations

October
2019
Illinois Law Update
, Page 14
Under current law, prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse must be commenced within 10 years of the commission of the offense if the victim reported the offense within three years of the commission.

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)).