The Journal of The DuPage County Bar Association

Vol. 24 (2011-12)

July 2012


Electronic Privileged Communications Obtained By Third Parties:  The Division Between The Courts And The ABA On The Duty To Notify by James S. Barber and Karen E. Bettcher

College Expenses in Marital Settlement Agreements: Tips and A Trap by Timothy Newitt

A Practical Guide to Preserving Your Record For Appeal by James P. Marsh

Practical Pointers for Uninsured/Underinsured Motorist Cases by James K. Theisen

Married But Separated: Custodial Parents Can Seek Retroactive Child Support Under the Parentage Act by Erica Bertini

June 2012


New Rule 243 Allows Jurors to Ask Questions of Witnesses in Civil Cases By Ted A. Donner

Trial: The Final Countdown By Jennifer L. Friedland, Lauryn E. Parks and James F. McCluskey

Preparing for and Deposing Expert Witnesses in Illinois: A Practical Primer By E. Angelo Spyratos

Expectation of Privacy in A Digital Age: An Overview of Employment Law Cases and Statutes Struggling to Create Precedent as Expectations Evolve By James S. Barber and Karen E. Bettcher

SNFs Must Conduct Pre-Admission Criminal History Background Checks: “Knowing is Half the Battle” and Care Planning is the Other Half By Kathleen May-Mazzocco

May 2012


Insolvent Judiciaries: Illinois is Not Immune By Jonathan P. Crannell

The Importance of an Independent Judiciary: An Essay on Judicial Selection in Illinois By Sean McCumber

The Goals of Democracy and Those of Economic Development: Bridging the Two While Valuing Public Participation By Maryam Judar and Terry Pastika

Dischargeable and NonDischargeable Divorce Related Attorney Fees in Bankruptcy By Arthur W. Rummler

April 2012


Restaurant Guidelines for Paying Tipped Employees Under the Fair Labor Standards Act: Avoiding the Hook in the Bait By Jeffry J. Knuckles and Nicholas R. Galasso

Mayhem Looming in the Music Industry in 2013 By Michael A. Biederstadt

A Requirement of Life Insurance to Secure a Maintenance Award Allowable Under New Law By Victoria C. Kelly and Leah D. Setzen

March 2012


Snowbirds, Reverse Snowbirds, and the Illinois Income Tax Act By Neil Goltermann

Client and Expert Testimony: When and How to Use Each to Provide Valuation Evidence in a Divorce Case By Steven N. Peskind

Americans with Disabilities Act Claims: Is a Mixed Motive Jury Instruction Dead? By William D. Goren

Taking Flight or Landing: Implied Field Preemption Under the Federal Aviation Act of 1958 and Wyeth v. Levine By Edward Boula

February 2012


Pre-Employment Medical Screening and the Americans with Disabilities Act
By Steven A. Sibo

The Intersection of Immigration and Adoption Law: Incoming Intercountry Adoption for Hague and Non-Hague Convention Countries
By Ana M. Mencini

The Absence of Provocation Element in Illinois’ Dog Bite Statute
By William Gregory O

The FMLA and the Department of Labor’s New Definition of “Family”: Reflecting Social Realities in Employment Rights
By Elizabeth George

January 2012


The Iron-Clad “Corporate Veil” of a Limited Liability Company Doesn’t Come Without Its Price by Paul D. Nordini

Life After Bankruptcy: Post Bankruptcy Protection from Employment Discrimination by Arthur W. Rummler

Patent Law Change: A First Look At The “America Invents Act” by Jefferson Perkins

Show Me the Money: The New Illinois Comprehensive Financial Disclosure Form by Sean McCumber

A Public Servant Doing Public Work in Public is . . . Private? Illinois Eavesdropping Act Under Fire: It’s Time For a Change by Justin Byrd


December 2011

Self Help Discovery: Are You Protecting Your Client and Yourself? by Jennifer Purcell

Into the Public Domain: Making the Transition to Illinois’ New Citation Rules by Anne K. Knight

Free Enterprise Fund v. Public Co. Accounting Oversight Bd.: Is the President the Decider or an Overseer? by Karla Hogan

New Illinois Rules of Evidence by Anne M. Therieau

November 2011


The Scope of Miranda Rights in Prison: When is Someone in Custody “In Custody”? by  Trisha Chokshi

Fighting Foreign Trademark Piracy by Jefferson Perkins

Lebron v. Gottlieb Memorial Hospital: Victory for Victims of Medical Malpractice or Setback for Healthcare Reform? by Shannon Barnaby

Above The Statutory Cap – Adequate Compensation For Attorneys Under The Equal Access To Justice Act by Erica J. Balkum

October 2011


Let’s Talk About Sext: Illinois’ Legislative Response to Sexting by Carrie L. M. Thompson

Does Prayer before Public Bodies Violate the Establishment Clause of the First Amendment? by James H. Knippen II and Elizabeth M. Farmer

How “Common” is the “Common Fund” Doctrine? by Ronald J. Hennings

Changes in the Cindy Bischof Law by Bryan Thompson

DCBA Brief