2024 Articles

Cobranded alcoholic beverages bearing packaging similar to nonalcoholic beverages must not be displayed adjacent to soft drinks, fruit juices, bottled water, candy, or snack foods

January
2024
Illinois Law Update
, Page 16
The Illinois Liquor Control Commission adopted an amendment regarding the placement of cobranded alcoholic beverages in retail establishments.

Collection of biometric information from health care workers for health care treatment, payment, and operations under the Health Insurance Portability and Accountability Act is excluded from Biometric Information Privacy Act protections

March
2024
Illinois Law Update
, Page 18
On Nov. 30, 2023, the Illinois Supreme Court held that biometric information taken from health care workers for health care treatment, payment, and operations under the Health Insurance Portability and Accountability Act (HIPAA) is excluded from Biometric Information Privacy Act (BIPA) protections.

Compelling the Unwilling

By Ira Helfgot
May
2024
Article
, Page 30
Strategies for collecting from unwilling debtors.

Condo Officers and Directors Beware

By John J. D’Attomo
July
2024
Article
, Page 36
Condominium officers and board members risk personal liability when unit owners assert claims under the Condominium Property Act. That risk could provide unit owners with a strategic advantage in litigation.  

Conflict, Human Rights, and Free Speech

By Junaid "J" Afeef
April
2024
Column
, Page 42
The chair of the ISBA Human and Civil Rights Section Council reflects on the challenge of free speech amidst bitter tensions between pro-Palestine and pro-Israeli Americans.

Contemporaneous Time and Billing Records

By Charles J. Northrup
April
2024
Column
, Page 38
Don’t let ignorance or bad habits keep you from your responsibility—or your fee.

Conviction must be reversed where counts are indistinguishable to the jury, making it impossible to know if a conviction is unanimous

January
2024
Illinois Law Update
, Page 16
On Oct. 27, 2023, the Third District of the Illinois Appellate Court held that a conviction must be reversed if a jury was unable to differentiate between multiple counts, making it impossible to know if a conviction on any one of those counts was unanimous.

Court obligated child support no longer considered a dependent care deduction for calculating Supplemental Nutrition Assistance Program income

May
2024
Illinois Law Update
, Page 16
The Department of Human Resources adopted amendments to its Supplemental Nutrition Assistance Program (SNAP). Legally obligated child support paid by a household member to, for, or on behalf of a person who is not a SNAP member is now excluded from its gross income calculation when determining SNAP eligibility.

Courts unable to investigate legislature’s motives for passing a bill under the separation-of-powers doctrine

February
2024
Illinois Law Update
, Page 14
On Nov. 17, 2023, the First District of the Illinois Appellate Court held that legislative intent cannot be ruled on without invading the province of the legislature.

Crafting an Effective Generative-AI Policy

By Carlos Cisneros
February
2024
Article
, Page 32
Considering the business risks of artificial intelligence.

The crime-fraud exception does not overcome the attorney-client privilege when there is not intentionally unlawful or fraudulent communication

June
2024
Illinois Law Update
, Page 16
On March 1, 2024, the First District of the Illinois Appellate Court held the crime-fraud exception does not overcome the attorney-client privilege when there is not intentionally unlawful or fraudulent communication.

Criminal Code restrictions that prohibit public firearm carriage do not violate the Second Amendment

June
2024
Illinois Law Update
, Page 16
On March 1, 2024, the Third District of the Illinois Appellate Court held that the statutes within the Illinois Criminal Code of 2012 that prohibit public firearm carriage do not violate the Second Amendment of the U.S. Constitution.

Date of service must be established before a complaint may be dismissed for failure to issue summons within 35 days of the service of a decision under Administrative Review Law

May
2024
Illinois Law Update
, Page 16
On Feb. 6, 2024, the Fourth District of the Illinois Appellate Court held that a date of service must be established before a complaint may be dismissed for failure to issue summons within 35 days of the service of a final administrative decision under the Administrative Review Law.

The Deepfake Dilemma

By Donna Etemadi
June
2024
Article
, Page 38
Proposed and enacted measures combatting worrisome aspects of deepfake technology.

Defendants have the right to be physically present at detention hearings under the Pretrial Fairness Act

April
2024
Illinois Law Update
, Page 14
On Jan. 23, 2024, the Fourth District of the Illinois Appellate Court held that defendants have the right to be physically present at pretrial release hearings.

Defendants in detention but arrested prior to the SAFE-T Act taking effect must have the option to stand on terms of original pretrial conditions

February
2024
Illinois Law Update
, Page 14
On Nov. 9, 2023, the Fifth District of the Illinois Appellate Court held that a defendant arrested before the SAFE-T Act became effective and who remains in detention after being ordered released subject to pretrial conditions must be allowed to stand on those original terms.

Defendants may not be detained pending probation hearings when the petition does not allege a criminal offense

June
2024
Illinois Law Update
, Page 16
On Feb. 28, 2024, the Fourth District of the Illinois Appellate Court held that defendants may not be detained pending hearings to revoke probation when the petition does not allege that the defendant committed a felony or class A misdemeanor.

Defendant’s three convictions stemming from one act is a violation of the one-act, one-crime doctrine

July
2024
Illinois Law Update
, Page 20
On April 19, 2024, the Third District of the Illinois Appellate Court held that a defendant receiving three convictions stemming from one act is a violation of the one-act, one-crime doctrine.

Defendant’s water pump house located in plaintiff’s chosen venue constitutes an “other office” in motion to transfer venue analysis

January
2024
Illinois Law Update
, Page 16
On Oct. 18, 2023, the Fifth District of the Illinois Appellate Court held that a water pump house may constitute a corporation’s “other office” for the purpose of determining proper venue.

Definition of “delinquent minor” under the Juvenile Court Act of 1987 no longer applies to minors violating federal law

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Juvenile Court Act of 1987. For purposes of the Act, “delinquent minor” no longer refers to minors who violated or attempted to violate a federal law before their 18th birthday.

Department of Children and Family Services must create database regarding the safety of regulated consumer products, other products, and substances

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Child Care Act of 1969. The Department of Children and Family Services must create and maintain a database on the safety of consumer products, other products, and substances regulated by the department.

The Department of Revenue may now refuse to issue, reissue, or renew a certificate of registration, permit, or license if certain persons named on application fail to file tax return

June
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Department of Revenue Law of the Civil Administrative Code of Illinois. The department may now refuse to issue, reissue, or renew a certificate of registration, permit, or license if an owner, partner, or corporate officer named on the application has failed to file a tax return required under the “tax or fee Act” (sic) requiring the certificate, permit, or license.

The Department of Revenue must report recurrent taxpayer noncompliance to the General Assembly

July
2024
Illinois Law Update
, Page 20
The Department of Revenue must conduct an annual review of areas of recurrent taxpayer noncompliance and report its findings to the General Assembly.

Documents obtained by the public access counselor from a public body for the purpose of addressing a request for review is exempt from the Freedom of Information Act

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Freedom of Information Act (FOIA). Documents obtained from a public body by the public access counselor for the purpose of addressing a request for review of such public body’s denial of a request to inspect or copy a public record are now exempt from FOIA.

Don’t Fear the Feedback

By Karen Erger
April
2024
Column
, Page 44
How I tried to help a colleague, ended up on the “Refrigerator Door of Reproach,” and learned something about giving professional feedback.

Drivers aged 79 or older applying to renew driver’s license must pass a road test

May
2024
Illinois Law Update
, Page 16
The Office of the Illinois Secretary of State adopted amendments to the Illinois Vehicle Code. Every individual aged 79 or older applying to renew their driver’s license must prove, by actual demonstration, their ability to exercise reasonable care in the safe operation of motor vehicles.

Easier Efiling

By Amelia Buragas
June
2024
LawPulse
, Page 12
Tyler Technologies unveils redesigned efiling platform with more user-friendly and mobile features.

Eight Language Mistakes Lawyers Wish You Would Stop Making

By Karen Erger
June
2024
Column
, Page 48
A rogues gallery of cringeworthy abuses of the English language.

Electricity distributors subject to taxation only if seller owns, leases, or controls the facilities used to distribute electricity

March
2024
Illinois Law Update
, Page 18
The Department of Revenue adopted amendments to the Public Utilities Revenue Act. Persons who distribute electricity to consumers are subject to the tax on electricity distribution when they own, lease, or control the facilities used to distribute the electricity.

Embracing Style

By Justice Michael B. Hyman
May
2024
Column
, Page 42
The Style Manual for the Supreme and Appellate Courts of Illinois, with an assist from the Illinois Reporter of Decisions.