Carlos S. Arévalo was featured in a page 3 story in the July 14, 2014, edition of the Chicago Daily Law Bulletin. The article, titled “A fast learner and riser,” was promoted on the newspaper’s cover.
The profile of Arévalo by staff writer Jack Silverstein shares some of Arévalo’s views on Hispanic Americans taking on leadership roles in the field of law across the country and in Northern Illinois in particular. It also relates how Arévalo arrived in the United States in 1980 at age 14 knowing no English and managed to become the first Hispanic president of the McHenry County Bar Association in its centennial year.
Arévalo began his duties as president of the MCBA on July 1, 2014. The complete copyrighted article can be viewed in pdf format.
The April edition of Boulder Ridge Life includes a three-page article about ZRFM attorney Jonathan M. Feinstein. The piece comprises a brief biographical profile and an extensive description of the practical tips people should know when they or loved ones are involved in a car accident.
Several lawyers from Zukowski, Rogers, Flood & McArdle – the largest law firm in McHenry County, Illinois – reside in the vicinity of Boulder Ridge in the communities of Lake in the Hills and Lakewood.
Boulder Ridge Life is a publication of Wilmington, North Carolina-based N2 Publishing, a company that specializes in neighborhood publications for communities across the United States. Founded in 2004, it works with homeowners associations and municipalities to customize publications with stories and photographs relevant to and provided by local residents.
Ruth Alderman Schlossberg has been appointed to her third term on the Illinois State Bar Association Local Government Law Section Council. Schlossberg now has served the ISBA — a 33,000 member organization — in this role since 2012.
Currently, there are 28 members on the council including practicing lawyers, judges, government consultants and individuals employed by state and local government.
The mission of ISBA Local Government Law Section is to:
- enhance the knowledge and professional capabilities of lawyers who devote time to the practice of the law relating to units of local government
- disseminate information and comment on legislative and judicial developments and their impact on units of local government
- make recommendations on legislation
- develop and communicate ideas to improve the functioning of units of local government.
With Richard G. Flood, Schlossberg co-authored the book Congratulations! You’ve Been Elected: Now What Do You Do? A Practical Guide to Local Government. The guide, published by the Illinois Municipal League, offers local public officials advice to help them “hit the ground running” and succeed in new leadership positions.
For Schlossberg’s professional credentials, please view Ruth Alderman Schlossberg’s biography. You may also wish to view her Illinois Municipal League conference video presentation, delivered with ZRFM local government law attorneys Richard G. Flood and Kelly A. Cahill
As the largest law firm in McHenry County, Illinois, Zukowski, Rogers, Flood & McArdle has had many attorneys involved with the section’s endeavors. Earlier in his career, ZRFM’s David W. McArdle was a chair of the Local Government Law Section Council. Also, ZRFM attorney Brad Stewart authored an article titled “How the new Workplace Violence Prevention Act impacts local governments” in the section’s April 2014 newsletter.
More information about the council can be found on the ISBA Local Government Law Section Council website.
Jonathan M. Feinstein will present “What Do You Mean They Regulate That?” to the Young Lawyers Section Professional Responsibility Committee, which is a division of the Chicago Bar Association. He will speak on Feb. 5, 2014, at the CBA Building, 321 S. Plymouth Ct. in Chicago.
The discussion, which is aimed at younger lawyers, will focus on the attorney disciplinary process, recent Attorney Registration and Disciplinary Commission trends in investigation and discipline, and some of the ethical rules that are not commonly thought of but which appear with some regularity when practicing law, including rules governing social media, solicitation of clients and gifts from clients.
For more information about his presentation or the legal issues he will address, please contact Jonathan Feinstein. Zukowski, Rogers, Flood & McArdle, which is based in Crystal Lake, has long been the largest McHenry County law firm.
Thanks to those individuals and municipalities who participated in the recent IML Conference. ZRFM conducted five sessions:
- FOIA & OMA in the Internet Age: Carlos Arévalo, Ruth Schlossberg
- Municipal Law & Order: Sgt. Andrew Doles (Algonquin P.D.), Jennifer Gibson, Brad Stewart
- Effective Operations and Governance: David McArdle, Ruth Schlossberg
- Redeveloping Distressed Properties: Ryan Farrell, David McArdle
- Administrative Adjudication: Kevin Chrzanowski, Jean Headley (City of McHenry)
If you were unable to attend any of the sessions but would like the presentation handouts or other information, please contact our office.
Seven lawyers from Zukowski, Rogers, Flood & McArdle will be featured presenters this week at the 100th Illinois Municipal League Annual Conference, to be held Thursday, Oct. 17, through Saturday, Oct. 19, at the Hilton Chicago Hotel, 720 S. Michigan Ave.
- Freedom of Information Act and Open Meetings Act in the Internet Age – Carlos Arévalo and Ruth Schlossberg speak on Thursday, Oct. 17 at 2:15 p.m.
- Municipal Law and Order – Sergeant Andrew Doles of the Algonquin Police Department speaks alongside ZRFM attorneys Jennifer Gibson and Brad Stewart in this session moderated by Lake in the Hills Village President Paul Mulcahy on Friday, Oct. 18 at 2:15 p.m.
- Effective Operations and Governance — David McArdle and Ruth Alderman Schlossberg speak on Saturday, Oct. 19 at 9:15 a.m.
- Redeveloping Distressed Properties — Ryan Farrell and David McArdle address this topic on Saturday, Oct. 19 at 10:30 a.m.
- Administrative Adjudication – ZRFM attorney Kevin Chrzanowski and Jean Headley of the City of McHenry speak on Saturday, Oct. 19, also at 10:30 a.m.
If you plan to attend the IML conference, please contact Brad Stewart so someone from ZRFM can meet with you. Although pre-registration for the Illinois Municipal League Annual Conference has ended, detailed information and instructions on how to register on-site appear online.
More than 20 articles published in Illinois State Bar Association newsletters and authored by Zukowski, Rogers, Flood & McArdle lawyers can be viewed now on zrfmlaw.com. ZRFM is the largest law firm in McHenry County, Illinois.
The articles address topics involving labor and employment, local government, administrative law, and antitrust and unfair competition. Individual newsletter articles can be located by linking from the titles listed in the publications section of each attorney’s Web site biography. They also appear below chronologically:
- “The Supreme Court’s Vance v. Ball State University decision — Who is a supervisor for purposes of Title VII?” Carlos S. Arévalo, Labor & Employment Law, September 2013
- “A little more confusion from the PAC on closed sessions,” Ruth A. Schlossberg, Local Government Law, July 2013
- “A recent PSEBA decision: Lifetime benefits they are not!” Carlos S. Arévalo, Labor & Employment Law, March 2013
- “The PAC muddies the waters: Some thoughts on a recent PAC opinion about closed session discussions, litigation, and final actions,” Ruth A. Schlossberg, Local Government Law, February 2013
- “Second District Appellate Court reaffirms ground rules on SSA objection petitions,” Michael J. Smoron and Carlos S. Arévalo, Local Government Law, April 2011
- “The continuing expansion of the Public Safety Employee Benefits Act,” Carlos S. Arévalo, Local Government Law, June 2010
- “Impact fees and non-home rule municipalities: Oil and water can mix,” Richard Flood and Ruth A. Schlossberg, Local Government Law, June 2009
- “Congratulations! You’ve been elected: Now what do you do? A practical guide to local government,” Richard Flood and Ruth A. Schlossberg, Local Government Law, April 2009
- “Wade: The Supreme Court’s final word on Section 3-115 of the Pension Code,” Carlos S. Arévalo, Local Government Law, June 2008
- “E-Mail Retention Policies and the Local Records Act,” Richard Flood, Administrative Law, July 2007
- “A municipality’s dilemma involving injured police officers,” Carlos S. Arévalo, Local Government Law, April 2007
- “E-Mail Retention Policies and the Local Records Act,” Richard Flood, Local Government Law, March 2007
- “A newly recognized defense to disconnection petitions,” David W. McArdle, Local Government Law, March 2006
- “When does a disability justify a pension? The aftermath of the Turcol decision,” Carlos S. Arévalo, Local Government Law, September 2005
- “The process of siting a municipal waste transfer station or landfill,” David W. McArdle, Antitrust & Unfair Competition Law, October 2003
- “The process of siting a municipal waste transfer station or landfill,” David W. McArdle, Local Government Law, August 2003
- “Local governments may not always impose its regulations and fees on other local governments,” January 2003, David W. McArdle, Local Government Law, January 2003
- “Opening the Meetings Act to reality—abolishing the ‘Rule of Two,’” Richard Flood, Administrative Law, October 2001
- “Opening the Meetings Act to reality—abolishing the ‘Rule of Two,’” Richard Flood, Local Government Law, June 2001
- “The unintended ramifications of the SWANCC decision: Local regulation of isolated waters,” David W. McArdle and E. Regan Daniels Shepley, Local Government Law, May 2001
- “Some laws of 100 years ago mirror today’s laws,” Richard Flood, Local Government Law, October 2000
- “Continued expansion of administrative adjudication authority,” David W. McArdle, Administrative Law, September 1999
- “Continued expansion of administrative adjudication authority,” David W. McArdle, Local Government Law, July 1999
If someone texts an individual while knowing that the person is driving a vehicle, the text sender may also be responsible for any injury or damages if the driver gets into an accident while reading or responding to that text. The texter may be held liable even when using a cell phone or electronic device far away from the place of the accident.
In an opinion handed down August 27, 2013, a New Jersey court stated, “We hold that, when a texter knows or has special reason to know that the intended recipient is driving and is likely to read the text message while driving, the texter has a duty to users of the public roads to refrain from sending the driver a text at that time.”*
This, apparently, is the first time a court has announced that someone participating in texting, even though not driving, can be held legally liable for the damages a victim of a vehicular accident received. This decision is likely to stir much debate among lawyers and judges. Also, the idea of imposing responsibility on someone knowingly involved in a distraction to the driver of a vehicle may increase public discussion of the hazards posed by texting and cell phone use while driving.
While the New Jersey court was careful to note that it would impose liability on a texter only under special circumstances where the texter knew or should have known the person receiving the text was driving, it is not hard to imagine many situations where a texter should know that the text recipient is likely to be driving.
For those who are the victim of a vehicular accident due to the other driver being distracted by a text or the use of an electronic device, you should try to obtain (through the police, directly from the other driver, or through your own personal injury attorney) the following information:
- the cell phone number of the other driver
- the name of the cell phone service provider
- the name of the person or company who owns the account
- the identity of any person the driver was communicating with
- any details about that person’s cell phone account.
* Linda Kubert v. Kyle Best, Superior Court of New Jersey, Appellate Division, Docket # A-1128-12T4 http://www.judiciary.state.nj.us/opinions/a1128-12.pdf
Andrew W. Holstine will speak on July 31, 2013, at a landowner educational seminar in Morris, Illinois. He will address the topic of “New Tax Legislation: Estate and Succession Planning” from the perspective of a farm landowner or operator.
Holstine’s presentation begins at 1:20 p.m. and concludes at about 3:15 p.m. The full program for the day begins at 8:45 a.m. and concludes at 3:30 p.m. Other topics to be addressed by speakers include the impact of Genetically Modified Organism (“GMO”) crops, grain markets, farm leases, land trends and values, and client services.
The landowner educational seminar is sponsored by Hertz Farm Management, Inc., a farm asset management company which represents landowners to help them meet their goals and objectives. The event will take place at the Quality Inn at 200 Gore Road.
To learn more about Holstine’s professional credentials, please view Andrew W. Holstine’s biography. For more information about the seminar and his talk, e-mail Andrew Holstine or telephone 815-459-2050.
by David J. Loughnane and Brad Stewart
Starting Jan. 1, 2014, it will be illegal throughout Illinois for any driver, regardless of age, to use a handheld device – cell phone, personal digital assistant (PDA), or mobile computer – while driving. This legislation, HB 1247, was signed into law by Gov. Pat Quinn on Aug. 16, 2013. The new law is contained in 625 ILCS 5/12-610.2.
Currently, drivers under age 19 are prohibited from using cell phones for any purpose while driving, and all drivers, regardless of age, are prohibited from texting while driving. In addition, at least 70 municipalities (including Chicago and several suburbs) have enacted their own ordinances banning the use of handheld devices while driving. The bill just passed by the Illinois Legislature will now expand the prohibition on using handheld devices to all parts of the state.
The focus of this new legislation is on banning the use of handheld electronic devices while a vehicle is not parked. Note that the new law provides the following exceptions:
- Hands-free or voice-activated phones or devices, including the use of a headset
- Global Positioning System (GPS) or navigation devices
- Two-way or Citizens Band (CB) radio services
- A device that can be activated or terminated by pressing a single button
- If the vehicle is parked on the shoulder of a roadway, or stopped due to normal traffic obstruction, and the vehicle’s transmission is in neutral or park
- Reporting an emergency situation and the continued communication with emergency personnel during the emergency situation
- Use by law enforcement or emergency personnel in the course of official duties
- Certain commercial motor vehicle devices
- Two-way mobile radio transmitters or receivers for licensees of the Federal Communications Commission (FCC) in the amateur radio service.
A more ambiguous exception indicates that it’s OK to use devices capable of performing “multiple functions,” other than communication purposes; among the functions specifically mentioned are fleet management systems and music players. It’s unclear if the law means that it’s OK, while driving, to be using your handheld cell phone to set up a music playlist or audio book, just so long as you’re not making a call or texting. Or perhaps it refers to other devices that have multiple functions, and you can do absolutely nothing with a handheld device while driving.
For violation of the new law, the first offense is not considered a “moving” offense, and therefore the violation should not affect car insurance premiums or driving privileges. The penalty for the first violation results is a maximum fine of $75; the second offense is $100; the third offense is $125; and the fourth or subsequent offenses are $150.
The new law also has implications for pedestrians, bicyclists, and motorists injured by drivers who are using electronic devices in violation of the law. In some cases, the new law may offer a personal injury victim a statutory basis to support a claim that the driver who violated the law was acting negligently when texting while driving, or when committing similar violations of the new law.
David J. Loughnane practices civil litigation, personal injury, healthcare law and employment law at Zukowski, Rogers, Flood & McArdle, the largest law firm in McHenry County, Illinois. For more of his professional credentials, please view David J. Loughnane’s biography. Brad Stewart focuses his practice primarily on civil litigation and local government law. For more of his professional credentials, please view Brad Stewart’s biography.