2024 Articles

2023-24 ISBA Award Winners

May
2024
Column
, Page 44
Recognizing outstanding contributions to the practice of law and community service.

Absolute immunity for failure to provide adequate police protection

January
2024
Illinois Law Update
, Page 16
On Nov. 1, 2023, the Third District of the Illinois Appellate Court held that the Local Governmental and Governmental Employees Tort Immunity Act provides absolute immunity for the failure to provide adequate police protection.

All for Limited Scope

March
2024
Column
, Page 8
A reader promotes the benefits of limited-scope representation in mediations.

Alternative procedures for testing for drinking water contaminants added

March
2024
Illinois Law Update
, Page 18
The Pollution Control Board adopted amendments to its primary drinking water standards. The rulemaking incorporates seven additional alternative procedures for testing contaminants in drinking water.

Arbitration Consternation

By Amelia Buragas
May
2024
LawPulse
, Page 12
A surge in Illinois appellate cases challenging the enforceability of mandatory arbitration clauses in nursing home contracts.

Artificial Intelligence and the Authentic Attorney

By Ed Finkel
February
2024
Cover Story
, Page 18
Dipping your toes into AI? Don’t lose the human touch.

Authorized to Speak?

February
2024
Article
, Page 12
The ethical and practical realities of maintaining authorized contacts for clients.

Barring extraordinary circumstances, court order to sell assets prior to the final dissolution of a marriage is inappropriate

March
2024
Illinois Law Update
, Page 18
On Nov. 22, 2023, the First District of the Illinois Appellate Court held that a court order requiring the sale of marital assets prior to the final dissolution of a marriage is only permissible in extraordinary circumstances where that order is necessary to preserve the status quo.

Behind the Curtain

By Ed Finkel
April
2024
Cover Story
, Page 18
When banks deny access to those with powers of attorney, and what to do about it.

Being a Pronoun Pro

By Ed Finkel
March
2024
Cover Story
, Page 22
Respectful pronoun usage in the legal sector is a matter of professionalism, courtesy, respect, and competence.

Beneficial Information

By Amelia Buragas
February
2024
LawPulse
, Page 10
The Corporate Transparency Act’s new FinCEN filing requirements necessitates close attention to detail.

Bit by the Grammar Bug?

By Justice Michael B. Hyman
February
2024
Column
, Page 46
Remedies for 12 common grammar infirmities.

Business postcards and letters must disclose or disclaim senders’ affiliations

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Consumer Fraud and Deceptive Business Practices Act. It is an unlawful practice to knowingly send or cause to be sent a postcard or letter (“document”) if all of the following four criteria are met

Cannabis craft growers may now apply to increase their canopy space if certain criteria are met

April
2024
Illinois Law Update
, Page 14
The Department of Agriculture adopted amendments to the Cannabis Regulation and Tax Act. Cannabis craft growers may apply for an increase to their canopy space of either 3,000, 6,000, or 9,000 square feet, subject to the Act’s space maximums.

Cash value of resources exempted from Aged, Blind, or Disabled (ABD) Medical Assistance–No Grant (MANG) eligibility determination increased 

January
2024
Illinois Law Update
, Page 16
The Department of Healthcare and Family Services adopted an amendment to the Part titled Medical Assistance Programs.

Certain hospitals must have consultation agreements with a children’s hospital or another hospital’s pediatric unit

March
2024
Illinois Law Update
, Page 18
The Department of Public Health adopted amendments to its hospital licensing requirements. General acute or critical access hospitals that provide limited inpatient or observation services to pediatric patients must have a written agreement with a licensed pediatric unit if they do not have a pediatric unit, a board-certified pediatrician, or a board-eligible pediatrician in the hospital or on call 24 hours daily.

Certified Audit Pilot Program established; certain tax penalties waived if taxpayers hire a qualified practitioner to perform a certified audit 

January
2024
Illinois Law Update
, Page 16
The Department of Revenue adopted a new Part titled the Local Government Revenue Recapture Act and Certified Pilot Program. Taxpayers may now hire qualified practitioners to perform certified audits. The program runs from Jan. 1, 2021, to Dec. 21, 2025.

Change Your Outlook

By Danielle DavisRoe
February
2024
Column
, Page 42
Settings to change in Microsoft’s new Outlook interface.

Circuit court has jurisdiction to hear matters involving straightforward tax disputes that do not require agency expertise  

April
2024
Illinois Law Update
, Page 14
On Jan. 12, 2024, the First District of the Illinois Appellate Court held that circuit courts have jurisdiction to hear tax disputes if they are not complex and do not require agency expertise.

Civil liability established for individuals who engage in doxing

May
2024
Illinois Law Update
, Page 16
The Illinois General Assembly created the Civil Liability for Doxing Act. Individuals engage in doxing when they intentionally publish another person’s personally identifiable information without that person’s consent.

Civil remedies available for individuals whose faces are depicted in digitally altered sexual images

May
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. An individual whose face or body is shown in a digitally altered sexual image is now covered under the Act.

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.

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.