2019 Articles

Range of adults eligible to receive adult protective services is expanded

August
2019
Illinois Law Update
, Page 16
The Department on Aging adopted amendments to the Adult Protection and Advocacy Services (89 IAC 270; 43 Ill. Reg. 939 (effective April 30, 2019)). The amendments implemented Pub. Act 100-641 and replaced Emergency Rule 43 Ill. Reg. 787, which had gone into effect on Jan. 1, 2019.

Reading in the Digital Age

By Jeffrey R. Schoenberger
February
2019
Column
, Page 42
Your hectic schedule likely precludes pleasure reading, but many apps will help you reintegrate pleasure reading into your busy life.

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Dennis J. Orsey
December
2019
Column
, Page 9
There are many options for getting involved in the 2020-21 bar year.

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Dennis J. Orsey
November
2019
Column
, Page 9
There are many options for getting involved in the 2020-21 bar year.

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Dennis J. Orsey
October
2019
Column
, Page 8
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Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By David B. Sosin
January
2019
Column
, Page 9
There are many options for getting involved in 2019-20.

Recommendation for clients to purchase annuities not a basis for Securities Law violations

June
2019
Illinois Law Update
, Page 14
On March 21, 2019, the Illinois Secretary of State issued a final administrative decision finding that the respondent had violated several sections of the Illinois Securities Law of 1953 and thus revoked his registration as an investment adviser.

Relocation, Relocation, Relocation

By Daniel S. Alcorn
October
2019
Article
, Page 46
Evolving caselaw promotes a more faithful adherence to a deferential standard of review in relocation cases in Illinois.

Remembering Justice John Paul Stevens

By David B. Sosin
September
2019
Column
, Page 8
The late justice’s career began and bloomed in Illinois and Chicago.

Remembering the Chicago Race Riots: 100 Years Later

By Khara Coleman
November
2019
Column
, Page 50
The 1919 race riots in Chicago left 38 dead, more than 1,000 homeless, and many legal questions unanswered.

Removal of sleeping juror held to be race-neutral

October
2019
Illinois Law Update
, Page 14
On July 11, 2019, the Third District Appellate Court held that removal of the only African-American juror from the trial of an African-American defendant did not deprive the defendant of equal protection or due process.

Responding to Affirmative Defenses

By Jake Crabbs
July
2019
Article
, Page 34
Pleadings often set off a flurry of motions. But what motions, if any, are best employed in response to affirmative defenses?

Retailers and service providers required to file electronic returns

January
2019
Illinois Law Update
, Page 16
The Department of Revenue ("DOR") adopted proposed amendments to the Service Occupation Tax (86 Ill. Adm. Code 140) and the Electronic Filing of Returns or Other Documents (86 Ill. Adm. Code 760), both effective Oct. 4, 2018.

Rule noncompliance argument fails to reverse foreclosure

May
2019
Illinois Law Update
, Page 14
The court did not err in ruling on a foreclosure involving an "outdated" affidavit specifying the efforts that a bank went through to renegotiate a mortgage.

Rule of Thumb

By Rhys Saunders
March
2019
LawPulse
, Page 16
Illinois Supreme Court clarifies burden of proof under state's strict biometric privacy law.

School districts must adopt emergency plans for students who self-administer medication

November
2019
Illinois Law Update
, Page 14
The Illinois General Assembly amended the School Code to require school districts to allow students to self-administer medications if they have specialized health action plans including...

SCOTUS Term Adds to Illinois Employers’ To-Do List

November
2019
Article
, Page 18
On Oct. 7, the U.S. Supreme Court kicked off its new term with several employment cases, including cases on appeal from the Seventh Circuit Court of Appeals in Chicago. Illinois employers should keep tabs on these cases and anticipate how the Court’s rulings will add to a bevy of new compliance obligations going into effect in 2019 and 2020.

Search Me!

January
2019
Column
, Page 54
ISBA's website introduces more sophisticated search technology.

Section 112-6 of the Criminal Code and Protective Orders trigger FOIA exemptions

April
2019
Illinois Law Update
, Page 14
On April 24, 2004, Richard Vanecko struck David Koschman in the face, causing him to fall backwards and hit his head on the sidewalk.

Section of the Drug Dealer Liability Act found to violate due process

June
2019
Illinois Law Update
, Page 14
On March 21, 2019, the Illinois Supreme Court found that section 25(b)(2) of the Drug Dealer Liability Act violates substantive due process under the Illinois and U.S. constitutions.

Seizing the Opportunity

By Pete Sherman
April
2019
LawPulse
, Page 10
The U.S. Supreme Court's ruling against Indiana in an Eighth Amendment-forfeiture case might also challenge Illinois caselaw.

Sentence appeal filed one day late dismissed as untimely

February
2019
Illinois Law Update
, Page 14
The defendant's appeal was rejected by the second district because appellate courts lack jurisdiction when a notice of appeal is untimely.

SMS SOS

By Cyara Hotopp
September
2019
Column
, Page 44
The do’s and don’ts of texting your clients.

Sole Proximate Cause(s)

December
2019
Article
, Page 15
A schism is brewing in the First District of Illinois over the definition of the word “sole” in “sole proximate cause.”

Special attention for nonprofits applying for grants and meeting “depressed area” criteria

March
2019
Illinois Law Update
, Page 20
The Illinois State Treasurer's office clarified the criteria for which a state fund that supports small nonprofits will demonstrate its funding preferences (74 Ill. Adm. Code 550 (effective Dec. 21, 2018)).

Sports Gambling: Will Illinois Bet on It?

By Zachary Bock
May
2019
Article
, Page 36
An overview of recent efforts to legislate sports gambling in Illinois and elsewhere summarizes the wide range of decisions that need to be made before bets are placed in Illinois.

State employee travel expense reimbursement rate increased

October
2019
Illinois Law Update
, Page 14
The Department of Central Management Services adopted an amendment to the Part titled The Travel Regulation Council, amending the rules for state employee travel expense reimbursement to reflect the changes implemented by the Travel Control Board.

The State of the Profession

By Pete Sherman
October
2019
Cover Story
, Page 20
Highlights from ISBA’s 2019 Economic, Marketing, and Business Health Survey

State standards aligned with the CHIP Reauthorization Act

February
2019
Illinois Law Update
, Page 14
The Department of Insurance adopted amendments to the Minimum Standards for Individual and Group Medicare Supplement Insurance (50 Ill. Adm. Code 2008 (effective Nov. 26, 2018)).

Statewide payroll deduction IRA program for private sector employees

January
2019
Illinois Law Update
, Page 16
The Office of the Treasurer adopted a new part titled Secure Choice Savings Program (4 Ill. Adm. Code 721 (effective Sept. 25, 2018)), which implements the Secure Choice Savings Program Act and establishes a statewide payroll deduction Individual Retirement Account ("IRA") program open to private sector employees.