Section Newsletters

Articles From 2019

High-low, high-low, it’s off to court we go! The basics of high-low agreements By Hon. Clare E. McWilliams Tort Law, May 2019 It is best strategically to keep the channels of settlement discussion open, from the motions in limine phase of the trial through jury deliberation, even if the other side is taking a “no settlement, no demand, no offer” position.
1 comment (Most recent October 29, 2019)
Highlights from the Cook County Board of Review’s 2019 attorney meeting By Roland Lara State and Local Taxation, July 2019 On June 24, 2019, the Cook County Board of Review made its annual presentation regarding statistics and lessons learned from its just-closed session, as well as anticipated challenges for the upcoming session.
HIPAA-compliant court orders in personal injury cases By Robert D. Fink, Sofia Zneimer, & Cynthia S. Kisser General Practice, Solo, and Small Firm, April 2019 This article discusses the conflicts with federal and state law and the Illinois Constitution inherent in 2018 Cook County G.O. 18-1 and identifies the requirements necessary to make any such order both HIPAA-compliant and constitutionally sound.
Hospital and Other Property Tax Exemption Decisions Since Oswald v. Hamer By William A. Price State and Local Taxation, September 2019 Summaries of recent tax exemption decisions.
How Applicable Is the Decision of In re Marriage of Salvatore? Only Time and Future Appeals Will Tell By Amy Silberstein Child Law, August 2019 The appellate court recently decided in In re Marriage of Salvatore that the full-time employment of your formerly unemployed ex-spouse does not constitute a substantial change in circumstances for purposes of modifying child support.
How Do You Verify the Identity of a Data Requestor? By David Adler Privacy and Information Security Law, September 2019 Under the California Consumer Privacy Act, companies must allow Californians to access the information held about them, or, in some situations, request that the information that they provided to a company be deleted. By keeping data minimization objectives in mind and not over-thinking compliance obligations, verifying the identity of a data requestor may be straight-forward.
How to become a food lawyer: A smörgåsbord of tips from a seasoned practitioner By Michael R. Reese Environmental and Natural Resources Law, May 2019 Food law in the United States is a vast and fascinating area that has grown tremendously in the last decade.
How to Determine Whether an Injury Arises Out of Employment: McAllister v. IWCC, 2019 IL App (1st) 16274WC By Howard H. Ankin & Erin Seivers Workers’ Compensation Law, October 2019 A summary of McAllister v. Illinois Workers' Compensation Commission, which explores when an injury arises out of employment.
How to handle the pot-smoking Illinois employee By Daniel S. Alcorn Labor and Employment Law, July 2019 Effective January 1, 2020, the Illinois Cannabis Regulation and Tax Act will allow Illinois residents over 21 years of age to legally possess certain amounts of marijuana, which means Illinois employers will begin to have workers who lawfully have traces of marijuana in their system.
How to Post in the Senior Lawyer’s ISBA Central Community By Don Mateer Senior Lawyers, December 2019 Step-by-step instructions to post to the ISBA Central Senior Lawyer's Community.
Human Service Agency Updates Elder Law, September 2019 The Department of Healthcare and Family Services has announced that it will be opening 40 new dementia care settings as part of the Supportive Living Program.
I am appointing you to handle a 2255 case By Stanley N. Wasser Federal Civil Practice, March 2019 The basics for handling your appointment to a case brought under 28 U.S.C. § 2255.
‘I didn’t mean it!’: Changing deposition testimony with errata sheets By George Bellas & Svetlana Meltser Civil Practice and Procedure, June 2019 Errata sheets allow a witness to make changes to transcripts prior to submitting it as part of discovery, but to what extent can they be used to correct or corrupt testimony?
If the Decedent Is Paid Cash and His Biological Child Is Adopted After Dis Death, Was He an Employee and Is That Child Entitled to the Death Benefit? By Richard D. Hannigan Workers’ Compensation Law, September 2019 In Ravenswood Disposal Service v. IWCC,  the court grappled with the issues of employer/employee, payment of medical expenses, and penalties under a manifest weight theory, as well the issue of the dependency of a child who was adopted by another after decedent’s accident under a question of law theory.
Illinois ABLE accounts and supplemental needs trusts By Kevin O’Flaherty Trusts and Estates, February 2019 An overview of Illinois ABLE accounts and how they can be used in conjunction with supplemental needs trusts in order to allow individuals with disabilities to earn incomes, receive inheritances and gifts, and accumulate assets without jeopardizing their government benefits.
1 comment (Most recent February 14, 2019)
The Illinois Appellate Court Affirmed the Trial Court’s Dismissal of a Verified Complaint for Failure to Allege Adequate Consideration for a Noncompete Agreement By Mary Anne Gerstner General Practice, Solo, and Small Firm, November 2019 The appellate court affirmed the trial court’s dismissal of a verified complaint for failure to allege adequate consideration for a noncompete agreement where the verified complaint alleged continued employment as the only consideration for the noncompete covenant and the employee resigned in less than two years.
Illinois appellate court discusses applicability of corporate survival statute to claims brought by transferees of debt from dissolved corporations By Samuel Neschis Business and Securities Law, March 2019 In McGinley Partners, LLC v. Royalty Properties, LLC, the court affirmed that the Illinois Business Corporation Act's corporate survival statute is inapplicable to claims brought by transferees of debt of dissolved corporations where the debt is for a fixed, ascertainable amount.
Illinois appellate court issues major decision regarding de facto life sentences for intellectually disabled By Lori G. Levin Criminal Justice, February 2019 The appellate court extended the imposition of de jure and de facto mandatory and discretionary sentences to intellectually disabled adults in People of the State of Illinois v. William Coty.
Illinois Appellate Court Rejects Mortgagor’s Attempt to Thwart Foreclosure by Claiming a Sham LLC He Set up Was Not Properly Served By James V. Noonan Real Estate Law, August 2019 In a recent appellate case, the mortgator belatedly sought to avoid the foreclosure by attacking the decree on behalf of an LLC he set up shortly before foreclosure proceedings began, contending the LLC was not served.
Illinois Condominium Deconversion: An Overview By R. Kymn Harp Real Estate Law, November 2019 An overview of condominium deconversion, a colloquial term referring to the process of removing property from the provisions of the Illinois Condominium Property Act.
Illinois Department of Natural Resources report of March 1, 2019 Mineral Law, March 2019 The March 1, 2019, Illinois Department of Natural Resources report.
Illinois Department of Natural Resources report of May 31, 2019 Mineral Law, June 2019 The May 31, 2019, Illinois Department of Natural Resources report.
Illinois’ Incomprehensible Sales Tax Law By Keith Staats, J.D. Business Advice and Financial Planning, December 2019 A post-Wayfair fix for leveling the playing field between online and brick-and-mortar retailers has made Illinois sales tax more unbalanced.  
Illinois’ Incomprehensible Sales Tax Law By Keith Staats, J.D. State and Local Taxation, November 2019 A post-Wayfair fix for leveling the playing field between online and brick-and-mortar retailers has made Illinois sales tax more unbalanced.  
Illinois’ New Retainage Law By James Rohlfing Construction Law, October 2019 Effective August 20, 2019, Illinois law provides that a maximum of 10 percent retainage may be withheld from payments under private construction contracts and, after the contract is one-half complete, retainage must be reduced to 5 percent for the remainder of the contract.
Illinois Prohibits Discrimination Against Jurors Based on Their Sexual Orientation and Gender Identity By Mark E. Wojcik Human and Civil Rights, September 2019 State legislation signed in August 2019 will make Illinois the sixth state to prohibit the use of peremptory challenges to strike jurors based on their sexual orientation or gender identity.
Illinois Recognizes Successor Liability Under Human Rights Act By Michael R. Lied Business Advice and Financial Planning, December 2019 In a recent appellate case, the court held that a corporate successor may be liable for the civil rights violation of a predecessor under the Illinois Human Rights Act.
Illinois Recognizes Successor Liability Under Human Rights Act By Michael R. Lied Labor and Employment Law, October 2019 In a recent appellate case, the court held that a corporate successor may be liable for the civil rights violation of a predecessor under the Illinois Human Rights Act.
The Illinois Supreme Court adds BIPA to other privacy compliance laws that govern Illinois employers By Ambrose McCall Privacy and Information Security Law, April 2019 On January 25, 2019, the Illinois Supreme Court unanimously ruled that employees need not plead or prove a traditional injury or adverse harm in order to prosecute a claim under the Illinois Biometric Information Privacy Act.
Illinois Supreme Court decision in Teamsters Local Union No. 700 has ramifications for condominium associations, municipalities, and other areas of law By Ellis Levin Real Estate Law, May 2019 The Illinois Supreme Court decision in 1550 MP LLC v. Teamsters Local Union No. 700 has ramifications for a wide variety of other areas of law.