Presumptions and powers of attorneyBy Patrick M. KinnallyCivil Practice and Procedure, July 2018In Collins and Richard v. Noltensmeier, the appellate court upheld the the trial court's order granting summary judgment in favor of the plaintiffs, finding that the defendant was unable to demonstrate by clear and convincing evidence that she had authority to self-deal.
The Presumptively Void Transfers to Caregivers Act in Illinois: Mercy with justiceBy Kenneth F. BergTrusts and Estates, October 2018The Presumptively Void Transfers to Caregivers Act amended Article IV of the Illinois Probate Act, making presumptively void certain instruments executed after January 1, 2015, that transfer property to caregivers in excess of $20,000. This article defends the act as passed by the legislature.
The Presumptively Void Transfers to Caregivers Act in Illinois: Mercy with justiceBy Kenneth F. BergReal Estate Law, May 2018The Presumptively Void Transfers to Caregivers Act amended Article IV of the Illinois Probate Act, making presumptively void certain instruments executed after January 1, 2015, that transfer property to caregivers in excess of $20,000. This article defends the act as passed by the legislature.
Presumptively Void Transfers to caregivers – A bit of mercy please?By Paul PetersonTrusts and Estates, October 2018Caregivers are a necessary and desired part of our society. Yet some caregivers are guilty of fraud, duress, or undue influence. This article reflects on the issue and how the Presumptively Void Transfers Article of the Illinois Probate Act can be amended.
Presumptively Void Transfers to caregivers – A bit of mercy please?By Paul PetersonReal Estate Law, January 2018Compared to the existing financial elder abuse sections in the Probate Act, the Transfer Article has the assumption of guilty until proven innocent, more stringent burdens of proof, stricter punishments and no possibility of judicial leniency. This article asks that the burden of proof be amended, that judges be allowed to void just the transfer to the caregiver where appropriate and be given the same discretion to mitigate the loss of the entire transfer as is given in the other sections dealing with financial elder abuse in the Probate Act.
Preventing and addressing sexual harassment todayBy Robert L. MillerGovernment Lawyers, March 2018While the law provides limits on the legal filing of complaints against employers, the issue of responding to a new internal complaint about behaviors from years past remains.
Pro bono anywhereBy Nicole CaprettaSenior Lawyers, February 2018With Illinois Legal Aid Online's Virtual Advice Clinic, lawyers can provide meaningful pro bono advice from their living rooms. Learn how you can volunteer!
Probable cause in your DUI caseBy Hon. Joel BergTraffic Laws and Courts, October 2018An at-a-glance reference for the next time you have a summary suspension or motion to suppress hearing in a DUI case.
Probate citation proceedings: Part 2By Cary A. LindTrusts and Estates, January 2018The goal of Citation proceedings is to recover assets that are not in the estate but should be in the estate.
Problems with powers of attorneyBy John R. RussellTrusts and Estates, August 2018There is no reason a bank should reject a validly executed power of attorney, and if this happens, the threat of legal action might convince the bank to cooperate.
Procrastination in the age of e-filingBy Richard W. ZuckermanLocal Government Law, September 2018As family law practitioners, caseloads and deadlines can feel overwhelming—and e-filing can be a benefit as well as an excuse to procrastinate.
Procrastination in the age of e-filingBy Richard W. ZuckermanFamily Law, June 2018As family law practitioners, caseloads and deadlines can feel overwhelming—and e-filing can be a benefit as well as an excuse to procrastinate.
The promises and perils of asserting the mediation privilegeBy Anna A. Corcoran & David C. ThiesAlternative Dispute Resolution, May 2018The mediation privilege purports to offer strong protection for communications that occur during the course of mediation, but attorneys must nevertheless be careful to avoid any number of pitfalls when asserting the privilege.
‘Prompt’ payment no longer necessary to extinguish pre-foreclosure sale condo assessmentsBy Blake A. Strautins & Michael R. SchumannCommercial Banking, Collections, and Bankruptcy, May 2018A recent Illinois appellate court decision provides further guidance in determining when a judicial foreclosure sale purchaser should starting making assessment payments to extinguish a condominium association’s lien for prior unpaid assessments.
Proposed regulations expand use of health reimbursement arrangementsBy Steve FloresEmployee Benefits, December 2018The Department of the Treasury, the Department of Labor, and the Department of Health and Human Services jointly issued proposed rules that make changes regarding health reimbursement arrangements and other account-based group health plans.
Proving a wage loss differentialBy Monica J. KiehlWorkers’ Compensation Law, May 2018Sysco Food Service of Chicago v. Illinois Workers' Compensation Commission underscores not only how much deference the circuit court is required to give the Commission’s determination regarding factual findings, but also how difficult it is to overcome the manifest weight of the evidence standard.
Proxy voting for ERISA plan fiduciariesBy Steven FloresEmployee Benefits, October 2018Employers who sponsor qualified retirement plans that are subject to the Employee Retirement Income Security Act often do not understand their obligations when a proxy vote solicitation arises.
PTSD is a disability under the ADABy Shari Rhode & Martin D. ParsonsLabor and Employment Law, January 2018Although PTSD is not exclusive to the military, the focus of this article is on veteran/employees with PTSD and some recommendations for how they can be accommodated in the workplace.
Purchase money security interest and equipment purchasesBy Jeffrey A. MolletAgricultural Law, September 2018Most lenders seek a secured position when lending money, and when possible they want a purchase money security interest.
Quick tips and tricks for taking better notesBy Alex RechenmacherLaw Office Management and Economics, Standing Committee on, December 2018The key to useful note-taking—a skill that will help you manage your cases more effectively—is to develop reliable habits.
Quis custodiet ipsos custodes?By Sherwin D. AbramsTrusts and Estates, August 2018An analysis of the recent case Nichols v. Fahrenkamp.
Reading the advance sheetsBy Chad S. BeckettGeneral Practice, Solo, and Small Firm, December 2018As practitioners, we are best served by regular access to the latest research in whatever branch of the law we engage.
Ready, Illinois? Cracking the code on eSportsBy Kenneth MatuszewskiIntellectual Property, March 2018Multiplayer video games played competitively for spectators, eSports, are increasingly popular, increasing both acceptance and legal challenges. While Chicago has a professional eSports team, most eSports developments in Illinois occur in universities and high schools.
Real Property Disclosure Reports: Avoiding unnecessary legal risksBy Dan HuntleyReal Estate Law, January 2018Attorneys representing either side of a residential property transaction should be mindful of the liabilities imposed by needlessly completing a Real Property Disclosure Report and should work to minimize risks to all involved.
Recent amendments to the Illinois Human Rights ActBy Ronald S. LangackerHuman and Civil Rights, October 2018An overview of amendments made to the Illinois Human Rights Act, which will help to streamline the charge filing process and provide more avenues through which to seek remedies for discrimination.
