Chicago's Legal Latte: Recent Episodes
Chicago Legal Latte
Non-compete and non-solicitation agreements have been utilizied by business owners for decades. The practice was recently challenged by the Federal Trade Commission in an action that generated several court cases. Lavelle Law Managing Partner Ted McGinn and Associate Joshua Brill discuss the purpose of the agreements, enforceability, the recent FTC action, and the outcome of several court challenges.
Owners of closely held businesses can learn about deferred compensation plans that provide opportunities to increase their tax deferred retirement contributions. Steven A. Schoenbrun of Midwest Benefit Consultants, Ltd. discusses different plans that are IRS approved and provide owners with the chance to increase their contributions. Attorney Kerry Lavelle adds insight on how these plans can be of benefit to owners and executives.
There are a number of unique legal characteristics to launching and operating a dealership for automobiles or construction, landscaping, and agricultural equipment. Attorney Sarah Reusché recently launched a new Dealership Law practice group at Lavelle Law. She discusses the legal complexities of securing and starting a dealership and takes a look at the unique operating requirements and compliance and reporting needs for dealers.
Any medical service provider in Illinois, including many spas, must be physician-owned under the corporate practice of medicine doctrine. In this discussion. Ted McGinn, Managing Partner at Lavelle Law, and Eso Akunne, Associate at Lavelle Law, discuss the law, fee splitting, management services organizations, and other aspects impacting the operation of any medical services facility in the state.
Laws have been introduced in a number of states in response to various lawsuits regarding transparency in real estate broker commissions. Lavelle Law Shareholder Kelly Anderson and Realtor Cathy Betourne discuss the implications for buyers, sellers, realtors, and on the closing process.
Between the state of Illinois and federal courts, there are well over 200 statutes which deal with fee shifting provisions. They lay out ways in which legal fees may become the responsibility of one party in a lawsuit. Lavelle Law Associates Jodie Upchurch and MaryAllison Mahacek discuss ways that these provisions should be included in contracts and how they can be used advantageously.
Businesses classified as medical spas have a variety of special considerations that must be adhered to in the state of Illinois. In this discussion, Lavelle Law attorney Eso Akunne discusses critical issues that must be met to operate with state laws. If you are interested in getting involved in this rapidly growing industry be sure to listen to this conversation.
Beginning January 1, 2024 most businesses in the U.S. are required to comply with the Corporate Transparency Act. Lavelle Law attorney Frank Portera will share important details about the new Act and how it impacts businesses. He will cover the scope of the Act, deadlines, requirements, and penalties. If you own even a portion of a business, this is an important topic for you to learn about.
If a business is disputing an amount owed to them from a customer or vendor they need to be careful about accepting and depositing payments that are labeled Payment in Full. Lavelle Law Shareholder Jennifer Tee discusses the legal concept of Accord and Satisfaction and outlines steps businesses should take when processing payments to prevent accepting payments that are less than what is owed.
Lavelle Law Shareholder Lance Ziebell draws on his experience in representing businesses in legal matters as he discusses the importance of having an employee handbook. Lance not only explains why they are important, but what should be included and how to effectively use one to protect your business from legal claims from employees.
Lavelle Law Shareholder Matthew Sheahin, an experienced business litigator discusses the importance of establishing trademarks for a business and then details how to effectively use the legal process to defend those trademarks. Matt shares the steps business owners should take while he shares some examples of recent cases involving trademark infringement.
Employee Stock Ownership Plans are reviewed by Lavelle Law attorneys Steven Migala and David O'Leary, both of whom have extensive experience with this business succession option. ESOPs are a mechanism by which owners can sell their business to employees allowing their legacy to be protected. Learn about the advantages of the approach and some of the mechanisms involved in an ESOP transaction.
Once you pass away, your assets, including any businesses you own, can be passed on to your spouse, children, or anyone else you designate. However, they may be subject to taxes unless you prepare a sound estate plan that uses the right instruments. Lavelle Law Shareholder Brian Warens discusses how to minimize tax obligations for your heirs in this detailed estate planning discussion.
Mortgage interest rates have more than doubled in the last year causing some buyers to sit out for now while others look for the best way to finance their new home. Lavelle Law Shareholder Kelly Anderson and Sheila DuPaw of Guaranteed Rate discuss financing a home purchase in today's market including the seller buy-down option. Learn more about this financing tool and other approaches in this informative discussion.
In part 2 of this discussion, Elizabeth Maine Ellis, a Partner at Lavelle Law, drills down further on the topic of estate planning tools for independently-owned and family-owned businesses. She will look at the topic relative to the life-cycle of the business, retirement planning, and passing a business on to heirs.
When people start a business their focus is on the here and now. If a task is not critical path, it over gets overlooked or deferred. Lavelle Law Managing Partner Ted McGinn and Associate Meghan Hartnett discuss the importance of creating a sound shareholder agreement right from the start. They'll discuss what should be included and how to make sure all parties are represented and protected.
Estate planning takes on extra importance when running a family-owned business. Lavelle Law Partner Elizabeth Maine Ellis discusses a series of critical elements that families with a business need to consider to protect the legacy they have built.
The Illinois Biometric Privacy Act was enacted several years ago but as often happens with new laws, it is being defined through a series of court cases. Lavelle Law attorney Thomas Fox talks about several of those cases and what the outcomes mean for employers and the future enactment of the law.
Until recently, it was very unlikely that student loan debt could be discharged in a bankruptcy proceeding. Lavelle Law attorney Timothy Hughes discusses a new change to laws that provide an opportunity for some filers to have a clearer path to dismissing that debt.
This series has focused on alternative approaches to divorce other than the traditional two-attorney courtroom process. Approaches include uncontested divorces, mediation, and collaborative divorce. Following those approaches, our participants discuss the division of property and assets in this final installment. Join Lavelle Law attorneys Patti Levinson and Annette Corrigan and licensed family and marriage therapist Amy Wilhelmi for this insightful discussion.
Lavelle Law Managing Partner Ted McGinn and Shareholder Timothy Hughes wrap up their series on taxes by discussing bankruptcy as an option for eliminating a tax debt. They will explain what requirements need to be met and outline advantages and disadvantages to using this tactic.
This series has focused on alternative approaches to divorce other than the traditional two-attorney courtroom process. Approaches include uncontested divorces, mediation, and collaborative divorce. Following those approaches, our participants discuss the division or property and assets in this final installment. Join Lavelle Law attorneys Patti Levinson and Annette Corrigan and licensed family and marriage therapist Amy Wilhelmi for this insightful discussion.
In the 2nd installment of the Lavelle Law series on alternative approaches to divorce, attorneys Patti Levinson and Annette Corrigan are joined by licensed marriage and family therapist Amy Wilhelmi to discuss parenting responsibilities during and after a divorce. In an alternative approach such as colloborative divorce or mediation, parents can reach agreements on parenting time and decision-making that better protect their children from the trauma of divorce.
In part 2 of the Lavelle Law series on taxes, Managing Partner Ted McGinn and Shareholder Timothy Hughes discuss ways to address a tax debt. There are several options available based on the conditions of the debt. Learn more about them in this discussion.
Divorce is never an easy process but in some cases it is not contentious. In this first segment of a 3-part series, Lavelle Law attorneys Patti Levinson and Annette Corrigan are joined by marriage and family therapist Amy Wilhelmi to discuss alternatives to the traditional process. They will share thoughts on collaborative divorce, mediation, and other approaches that can be far less stressful and difficult for all involved.
Why are certain individuals or businesses selected to be audited by the IRS? If you receive notification of an audit, how do you proceed? Join Lavelle Law attorneys Ted McGinn and Timothy Hughes as they discuss the audit process in part one of a new 3-part series on tax audits.
In the final installment of our 3-part series on buying or selling a business we discuss the closing. Lavelle Law Managing Partner Ted McGinn, Bill Germanetti, Principal at Impact Business Coaching, Inc. and David Gronski, President, North Coast Capital Advisors, Ltd discuss what takes place, who attends, and how to prepare.
When businesses are bought, sold, or merge, a due diligence period allows both parties to review all elements of the entities involved in the transaction. Lavelle Law Managing Partner Ted McGinn and Bill Germanetti, Principal at Impact Business Coaching, Inc. take you through the critical elements of the due diligence process.
When businesses are bought, sold, or merge, a due diligence period allows both parties to review all elements of the entities involved in the transaction. Lavelle Law Managing Partner Ted McGinn and Bill Germanetti, Principal at Impact Business Coaching, Inc. take you through the critical elements of the due diligence process.
Before entering detailed negotiations to buy, sell, or merge businesses, it is advisable to have a clear letter of intent drafted. Ted McGinn, Managing Partner of Lavelle Law, Bill Germanetti, Principal at Impact Business Coaching, and David Gronski, President, North Coast Capital Advisors discuss the important elements of a LOI.
State and federal courts continue to render important decisions regarding the scope and reach of Illinois' Biometric Information Privacy Act or BIPA for short. BIPA is intended to protect the biometric identifiers, including fingerprint and facial identification, of Illinoisans. In this podcast, attorney Brian Massimino digs into the important takeaway lessons from these cases, including the statute of limitations, the risks of mere possession of protected information, and business insurance coverage. If you have any questions about BIPA or other business risk management issues, reach out to Brian at 312-332-7555.
An M&A intermediary or broker provides valuable advice to companies who are seeking a sale or acquisition. In this podcast, Steven Migala, Lavelle Law Attorney and Shareholder, is joined by Paul Heinze, President of the Paul M. Heinze Company and an alliance partner in Goldberg Heinze Business Advisors. Steve and Paul discuss the value of working with an M&A Intermediary or Broker when selling your business or growing by strategic acquisition.
Bankruptcy laws have been changed whereby it is much easier for a business to reorganize and restructure its debt. But when a business does file for a bankruptcy reorganization, it needs to secure a lending relationship whereby cash flow needs can be financed through the bankruptcy. In this podcast, Lavelle Law attorney Ted McGinn and his guest, Tom Stamborski, president of Liquid Capital of Illinois, discuss debtor in possession financing, what financing options are available, and what steps a business can take in order to establish such a relationship in anticipation of a bankruptcy.
This podcast explores alternative cash flow solutions for companies not involving traditional bank financing. The impact of COVID-19 on cash flow will be discussed, as well as how alternative financing products can address the different cash flow needs that a business may experience. Join Lavelle Law attorney Steve Migala and his guest, Tom Stamborski, president of Liquid Capital of Illinois, as they discuss cash flow solutions in the current business environment.
When individuals and businesses fall behind on tax filings and payments, they often underestimate how costly the problem can be to fix, in large part due to the significant penalties the IRS assesses in non-compliance. In this podcast, attorney Joshua Nesser discusses the most common penalties taxpayers face and what can be done to resolve them.
Are you thinking of selling your business? An owner’s decision to roll over its equity in a transaction can be a very good one with many advantages. However, selling owners should be cautious before they agree to rollover equity, and they should conduct significant due diligence and negotiations to ensure they are not agreeing to unfavorable terms in the future. In this podcast, attorney Steve Migala discusses the pros and cons to consider before making a decision to rollover equity in the sale of a business.
In this podcast, Attorney Frank J. Portera discusses Lavelle Law’s process in forming new companies by explaining exactly what filings are required in order to get your new start-up operating properly. Frank also explains the continuing annual reporting and corporate compliance requirements that are needed for all Illinois companies.
SEC-registered investment advisers must navigate several annual and ongoing regulatory and compliance requirements. Two of the most important investment adviser annual requirements are submitting an annual updating amendment to the Form ADV and conducting an annual review. Failing to comply with these annual requirements can subject an investment adviser to regulatory examinations, enforcements, fines, censures, reputational harm, and other penalties. In this podcast, attorney Samantha Bonamassa discusses the compliance requirements and answers FAQs.
Cybersecurity is constantly evolving and requires small business owners to implement strategies to protect and secure the data that they store as part of the operation of the business. The majority of businesses were not prepared for the shift in business practices that we’ve seen since the start of COVID-19, including remote working and new technology to accommodate social distancing. Cybercriminals have exploited these new advancements in technology as a means of gaining access to the personal data that businesses store. Attorney Taylor Lemick walks businesses through what makes small businesses vulnerable, the implications of COVID-19 on small businesses’ cybersecurity practices, and how to secure your business’ data with low-cost, effective practices, and how the attorneys at Lavelle Law can help your business secure its data today.
Seasoned litigator and Lavelle Law Shareholder, Matt Sheahin, discusses the options available to Illinois restaurant owners in challenging Governor JB Pritzker's emergency order that prohibits indoor dining in Illinois restaurants. Matt will explain the Illinois law, the specific emergency order, and the legal options that owners may consider.
The current federal exemptions from estate, gift, and GST tax are at an all-time high, but these exemptions and the applicable tax rates could be affected by the upcoming presidential and congressional elections. Any such changes made well into next year could be retroactive to January 1, 2021, and these historic exemptions would be lost. Even without any immediate government action, the current $11.58 million unified credit will “sunset” in 2026, and be reduced to $5 million. In light of this, the remaining months of 2020 are an unprecedented opportunity to protect your estate and your loved ones from significant transfer taxes after your death. In this podcast, estate planning attorney Heather Walser explains why it’s so important to take advantage of these extraordinary exemptions and tax rates before it’s too late.
The attorney client privilege exists to “prevent the disclosure in judicial proceedings of the communications between the attorney and the client.” Its purpose is to encourage open and honest communications between an attorney and client. Like other “privileges,” the attorney client privilege can be waived, which means that an adverse party may be able to read communications that were intended to be confidential. And, that waiver can happen intentionally or unintentionally. Knowing these common pitfalls will certainly put individuals and businesses in a better position to avoid the dreaded “unforced error.” In this podcast, Lavelle Law attorney Brian Massimino provides useful tips to protect the attorney client privilege.
This podcast will provide you with an overview of the eviction process in Illinois and how it’s being affected by the COVID-19 pandemic. Joshua Pagan is an attorney in Lavelle Law’s litigation practice group where he primarily handles commercial and business litigation matters and occasionally handles eviction matters.
In this podcast, attorney Ted McGinn discusses closing a business entity that has creditor claims exceeding its assets. Listen to episode 7 of our Bankruptcy Solutions mini-series.
In this podcast, attorney Tim Hughes provides an overview of the impact and requirements for filing for Chapter 11 bankruptcy protection for a business. Have a listen to this episode of our Bankruptcy Solutions mini-series and explore the options available for your business.
In this podcast, attorney Ted McGinn discusses whether filing for Chapter 7 bankruptcy is right for a business. Listen to episode five in our “Bankruptcy Solutions” mini-series.
In this podcast, attorney Tim Hughes discusses how Chapter 13 can possibly save a home from foreclosure.
In this podcast, attorney Ted McGinn discusses how creditors’ claims are handled in bankruptcy.
In this podcast, attorney Tim Hughes discusses what the impact is on the assets of a person when they file for bankruptcy. He will explain what happens to your property if you file for bankruptcy and how to protect your assets. Join us for our second episode in our “Bankruptcy Solutions” mini-series.
In this podcast, attorney Tim Hughes discusses whether filing for bankruptcy can help individuals facing harassment from creditors.
In this podcast, Lavelle Law attorney Steve Migala summarizes the Federal Reserve Board's new Main Street Lending Program (Program). The Program operates through three facilities offered to small and medium-sized businesses: the Main Street New Loan Facility (MSNLF), the Main Street Priority Loan Facility (MSPLF), and the Main Street Expanded Loan Facility (MSELF). Each facility is highlighted in this podcast.
Lavelle Law attorney Patti Levinson explains the benefits of using the collaborative process for a divorce during the COVID-19 crisis.
Many times, an insurance company will try to obtain what’s called a “recorded statement” after a person is involved in an accident. Attorney Nicholas Dollenmaier explains why that is probably not a good idea and why you should obtain counsel before providing one.
Lavelle Law Attorney Kelly Anderson explains what has changed with real estate transactions in the era of COVID-19 and how buyers and sellers can be prepared for it.
Zoning regulations are designed to maintain community standards while also permitting personal privacy rights. But from time to time, an owner wishes to alter the existing use of a parcel and needs to obtain relief from those zoning ordinances. This podcast, with attorney Ted McGinn, is designed to provide a basic understanding of land use and the procedure to obtain relief.
An employee stock ownership plan (an “ESOP”) is a type of employee benefit plan regulated by the Internal Revenue Code (the “Code”) and the Employee Retirement Income Security Act of 1974 (“ERISA”). Employees who are ESOP participants are in many ways treated similarly to shareholders of their company. This applies to bankruptcy as well, which means that ESOP participants are effectively “last in line” and usually get nothing if the company is liquidated. However, recent case law suggests that this treatment may not apply to repurchase obligations toward former employees. Repurchase obligations may be treated as debt, which may give an ESOP participant higher priority in bankruptcy putting them next in line after the senior secured lender. In this podcast, Lavelle Law attorney Roman Perchyts answers questions about ESOPs and bankruptcy and addresses concerns that banks may have regarding the priority of repurchasing obligations in bankruptcy.
For those co-parenting, many questions may arise as to how best to handle the challenges to parenting time COVID-19 may pose. In this podcast, Attorney Colleen Hurley of Lavelle Law discusses how family law cases have been impacted by COVID-19, how courts view co-parenting during this time, and best practices.
In times of unrest, having the right protections for your family, business, assets, and other valued possessions are of the utmost importance. Given the tumultuous times in which we find ourselves, an estate plan (wills, trusts, health care/financial powers of attorney, child guardianship, etc.) has become even more important. Without these documents and correct structure, it is almost guaranteed that there will be major problems in the event of an unexpected death or disability. In this podcast, estate planning attorney, Ryan Gardner, addresses things to consider and key documents to ensure that you and your loved ones are protected, both during a crisis and afterward.
A new chapter in the Bankruptcy Code, Subchapter V, recently took effect. It provides small business debtors greater flexibility to reorganize under Chapter 11. The process is more streamlined and accessible than traditional Chapter 11 and there is more control of structure and payments of small business reorganizations. Subchapter V provides small businesses much-needed relief in light of the ongoing COVID-19 pandemic. In this podcast, Attorneys McGinn and Hughes discuss Subchapter V and how it can help you save your business.
The government recently enacted the Families First Act to assist businesses with the economic impact of the COVID-19 pandemic. Lavelle Law Managing Partner Ted McGinn discusses the Act in detail including an overview of how sick time is to be handled and the extension of Family Leave provisions. Employment Law Attorney Lance Ziebell also joins the conversation.
COVID-19 is causing significant damage to the economy forcing many businesses to cut staffing or close down entirely. In this discussion, Lavelle Law Managing Partner Ted McGinn and Shareholder Lance Ziebell discuss how employers should handle staff reductions during this difficult period.
Most buyers and sellers fail to properly prepare for an acquisition or exit. Learning the key components can help you avoid common pitfalls, maximize value, and minimize risk. Listen in, as attorney Steven Migala and his guest Domenic Rinaldi, owner and managing partner of Sun Acquisitions, discuss the current M&A landscape.
Identity theft is the illegal acquisition of one’s Personal Identifiable Information (PII). Identity theft is the fastest growing crime in the country according to the FBI. It has been the number one complaint the FTC has received for the last 17 years. There are a number of areas of identity theft-Financial, Medical, Motor Vehicle, Criminal, Child, Tax, Synthetic, and Social Security. Identity theft originates from some type of breach, which creates data loss and identity theft generally follows. Join attorney Ted McGinn and his guest, Ed Haag of Undo Identity Theft Inc., as they shed light on the dark web and discuss how to protect yourself from falling victim to identity theft.
Personal injury attorney Joseph Vito discusses your rights and legal action that may be available to you if you are in a car accident involving a ridesharing service like Uber or Lyft.
Do you want to grow your business with a dedicated business coach? In this podcast, Lavelle Law attorney Steve Migala is joined by Josh Grodzin from Next Level Northwest, to discuss a great opportunity for existing businesses to expand and improve their business with the help of a business coach. Josh explains the unique structure of Next Level Northwest, an exciting business accelerator program offered to eligible businesses in the Chicago suburbs of Elk Grove Village, Schaumburg, Hoffman Estates, Rolling Meadows, and Hanover Park.
In this podcast, attorney Matt Sheahin discusses the accountant’s privilege, what it means for accountants, and how CPAs can use this legal protection to their benefit.
In this podcast, attorney Kerry Lavelle discusses the basic categories of M&As and strategies that business owners can utilize when deciding if a merger or acquisition makes good business sense. He defines some of the fundamentals of a properly-structured transaction as well as common mistakes he has seen over the years.
In this podcast, attorney Kerry Lavelle, founding partner at Lavelle Law, answers frequently asked questions regarding succession planning and provides critical steps business owners should take when planning to exit their business. He also explains the different types of exit strategies to consider.
On April 18, 2018, the Securities and Exchange Commission (SEC) proposed a set of rules and an interpretation to address confusion among retail investors and clarify the standards of conduct applicable to investment advisers and broker-dealers, while simultaneously preserving investors’ access to a range of products and services at a reasonable cost. After certain modifications to the SEC’s proposal based on feedback from investors and commenters, on June 5, 2019, the SEC voted in favor to adopt a final package of rules, amendments, and interpretations. In this podcast, attorney Samantha Bonamassa provides an overview of this rulemaking package.
After 16 years of litigating business disputes, attorney Brian Massimino has seen many of the same mistakes repeated time and again. Companies small and large (surprisingly even those with in-house counsel) often find themselves committing these errors. Some of these errors have the potential to be very costly. With a little forethought and diligence, you can avoid these errors and have a real impact on your company’s bottom line. In this podcast, Mr. Massimino explains areas of concern and which common habits to avoid.
When couples divorce, a home mortgage is often caught in the flux of divorce proceedings. Should the parties sell the house, or can one party buy out the other? In this podcast, senior mortgage broker, Mayra Rubio, provides answers from a financing perspective. She will address loans, equity, titles, and what happens if one party cannot qualify for financing on their own.
Lavelle Law attorney Joe Vito explains the pitfalls of compiling and submitting a nominating petition for municipal elections.
Businesses beware! On January 25, 2019, the Illinois Supreme Court issued a unanimous opinion resolving a contested interpretation of the state’s Biometric Information Privacy Act. In short, the high Court ruled in Rosenbach v. Six Flags Entm't Corp., that to state a claim under the Act, a plaintiff need not allege actual harm. In this podcast, attorney Brian Massimino explains why this decision has opened the floodgates for more litigation in this area.
In this podcast, actuary Neil Shore joins attorney David O’Leary. Mr. O’Leary is a tax and benefits partner at Lavelle Law. Mr. Shore is an actuary and partner at Shore Tompkins Actuarial Resources, LLC. They discuss the new qualified business income (QBI) deduction for business owners and the use of a cash balance plan as a strategy to maximize the owner’s QBI deduction.
In this podcast, family law attorney Patti Levinson discusses ways to prepare your family for the holidays after a divorce. She discusses how to minimize chaos, communicate with the other parent, keep some traditions and make some new ones, and plan something for yourself when the children are not with you. Remember, it is all about the children.
Family based petitions are some of the more common visa applications for those seeking to immigrate to the United States. This podcast, with attorney Haney Noureldin, provides an overview of the applications and procedures that are necessary to provide loved ones with proper immigration status here in the United States.
Deciding and choosing who will manage your assets in the event of your death or disability is one of the most important decisions you can make when creating or revising your estate plan. We call this person the “Trustee” under a Living Trust, and the “Executor” under a Will. As I always say to my clients, it is an obligation, not an honor, to be someone’s Trustee/Executor. The role often requires lots of time, effort, and true work to efficiently and effectively manage someone else’s assets for the benefit of the intended beneficiaries. This becomes especially complex if there are beneficiaries with special needs issues, ongoing trusts for dependent children, tax-haven strategies, business interests, rental properties, or other complicating factors. In this podcast, attorney Ryan Gardner explains some of the factors to consider when selecting your Trustee and Executor.
In this podcast, attorney Michael Roth discusses the various legal issues impacting children with special needs.
Title insurance protects homebuyers and lenders from past mistakes in the transfer of real property. Although the chance of a seller not having free and clear ownership of the property is quite low, it is important that every new homeowner obtain a title insurance policy. In this podcast, real estate attorney Chance Badertscher answers frequently asked questions about tile insurance.
Thinking about buying a condominium? In this podcast, real estate attorney Kevin Mitrick provides an overview of important things to know before buying a condominium.
The R&D tax credit has been available since 1981. Such credit is a great opportunity for taxpayers to lower the tax liabilities potentially without changing how they operate. The purpose of the credit is to reward taxpayers for investing in research and development. Find out what is necessary in order to take advantage of this opportunity. In this podcast, attorney Ted McGinn and his guest, CPA Chris Blaylock, discuss this topic in detail.
Nurses provide a critical service for home health care agencies. Therefore, it is essential that home health care agencies have their nurses enter into written contracts that protect the interests of the agency. But not all written contracts are equal. In this podcast, attorney Theodore McGinn answers questions regarding nurse employment agreements.
In this podcast, attorney Joshua Pagan discusses money judgments in various types of litigation.
In this podcast, attorney Matthew Sheahin discusses claims that can exist where a written or oral contract is absent.
Divorce has become all too commonplace in our society, but it does not have to be a combative, traumatic, winner-take-all process. More and more reasonable people are choosing Collaborative Divorce as a way to lessen the impact on their families and take control of their future. Collaboratively trained attorney, Patti Levinson explains how it works and why it is often a better choice than a litigated divorce.
On June 4, 2018, the Supreme Court of the United States reversed a Colorado Court of Appeals’ judgment ruling in favor of a gay couple who filed a complaint against Masterpiece Cakeshop. The original complaint was because the owner refused to make a cake for the couple’s wedding, claiming it conflicted with his religious beliefs. In this podcast, attorney Joshua Pagan explains why SCOTUS reversed the lower Court’s ruling and what this decision means for the LQBTQ community.
People often ask if they are able to complete the divorce process on their own. In many cases, the answer is no. But in some cases, it could work, with the right plan. In this podcast, family law attorney, Kristina Alkass, explains which types of cases people can settle on their own.
In the dog days of summer, neighborhood pets are everywhere. Unfortunately, not all of your neighbor’s pets are friendly or well trained. In the warmer months when pets are frequently outside, incidents of animal bites and attacks tend to increase dramatically. In this podcast, personal injury attorney Joe Vito explains the law and all avenues of recourse you may have if you, or someone you know, is bitten by a dog or other pet.
In this podcast, attorney Michael Roth provides a brief overview of guardianship and the dissolution process. He explains what happens when one party is disabled and does not have the mental capacity to enter into dissolution agreements.
Perhaps you are involved in a divorce or custody case in which an Attorney for the Child, a Child Representative, or a Guardian ad Litem was just appointed, either by motion of one of the parties, or by motion of the Court. This individual is an attorney who may have been selected by agreement of the parties, or may be an individual that the Court selected itself. If you have more than one child relative to the case, this individual may be appointed to not just one child, but all of the children relative to the case. If you are new to this process, it is normal to have questions about what this means. Listen in as attorney Colleen Hurley explains the law behind this process.
Businesses today more than ever need to be prudent in how they implement employment policies regarding workplace harassment. Demonstrative methods provide a unique and effective way to educate. In this podcast, Laurie Huspen of Valuable Resources Company joins attorney Ted McGinn to discuss workplace harassment and what employers should do to prevent it.
The new federal tax law passed at the end of 2017 eliminates the tax deduction for alimony, or support, payments. Lavelle Law family law attorney Amil Alkass looks at the impact the change may have on reaching equitable support agreements in the future.
When considering the option of divorce, it is common for couples to worry about the division of their estate, including (and often, most importantly) what would happen to their pet. With the change in Illinois law as of January 1, 2018, a Court can now take into consideration the best interest of an animal in a divorce proceeding and award ownership. In this podcast, family law attorney Colleen Hurley explains this new Illinois law and how it affects divorce proceedings.
To make informed decisions, a business owner must have timely and accurate financial information. But many emerging businesses cannot afford the cost of a full time CFO. The solution is part time CFOs. In this podcast, Kerry Lavelle of Lavelle Law and Lawrence Chester of CFO Simplified discuss the benefits of employing part time CFOs.
In this podcast, Tax Attorney Timothy Hughes and Dana B. Davidson CPA / PFS and President of Dana B. Davidson CPA Company, P.C. continue their discussion about the Tax Cuts and Jobs Act (TCJA) signed into law on December 22, 2017. They also address important updates for Illinois taxpayers.
In this podcast, attorney Heather Glaser provides a summary of new laws in 2018, highlighting those that Illinois business owners should be aware of.
In this podcast, tax attorney Timothy Hughes and CPA Dana Davidson discuss the Tax Cuts and Jobs Act, which was signed into law December 22, 2017. They not only explain the new tax brackets for both individuals and corporations, but also make recommendations for what Illinoisans can DO NOW before the end of the year. Tim and Dana cover the property tax implications and many other aspects of this new law.
Once a disabled child turns 18, Illinois law considers him or her to be an adult able to make his or her own financial, health care and educational decisions, even if this could not be further from the truth due to the child’s disability. As a parent or concerned family member, there are steps you can take to promote a disabled beneficiary’s continued medical and financial well-being. In this podcast, Attorney Brian Warens discusses how to establish an estate plan for a special needs beneficiary, without jeopardizing the beneficiary’s current or future eligibility for means-tested government benefits, and how you can empower yourself to make decisions on behalf of a disabled adult family member.
No one should make the biggest purchase of their lives without first checking out everything beneath the sparkling façade - which is why the standard Illinois Residential Real Estate Multi-Board 6.1 contract contains an inspection contingency allowing buyers to do just that. But beyond just allowing a home inspection, what does the inspection provision get buyers? Listen in, as attorney Kelly Anderson pulls back the curtain on this important step in real estate transactions.
In this podcast, attorney Ted McGinn was joined by Ben Soldinger, CPA and Partner at LJ Soldinger Associates. They discussed year-end tax planning and provided tips and strategies from both tax law and financial planning perspectives.
For many people, seeing holiday decorations again glitter the stores, holiday music hit the airwaves, and holiday greeting cards hit the inbox is at once a signal of excitement and a harbinger of stress. For individuals going through a family law case, these feelings can be even more pronounced. You may be eager to have some designated time to set aside your worries and enjoy time celebrating with those important to you, and you may also be concerned about what changes or roadblocks lie ahead. This may be your first holiday that you celebrate in the unchartered territory of a family law case—if so, listen in, as attorney Colleen Hurley provides advice on how to navigate through the holidays smoothly.
Buying your first home can be stressful. You may have looked at several properties with your real estate agent until you found the perfect place. You’ve been working with your lender for weeks to secure the final loan approval. You’re worried that the seller hasn’t made the repairs to kitchen that were promised. But while buying your first home can be stressful, the closing doesn’t have to be. Real Estate Attorney Chance Badertscher has prepared a summary of what to expect on the day of your closing. This primer will prepare you for what should be one of the most exciting days of your life!
It’s easy to look back at the summer that was and reminisce about the great times shared with loved ones at the family lake house or vacation abode. Life is good! What a great summer! But as the season changes and the reality of family dynamics sets in, the owner (or child or other relative of the owner) may think about more practical considerations for future years. “How will the next generation view this family residence?” “Who will be in charge when I can no longer shoulder the weight?” “Will this good feeling and family cooperation last forever?” Many of these questions and uneasy feelings can be settled through open communication, clear rules, and legal structures and documents that govern the arrangement. In this podcast, attorney Ryan Gardner explores various considerations from a legal perspective as it relates to the family vacation home and co-ownership of real property.
During this podcast, attorney Matthew Sheahin provides an overview of the way most business litigation cases are resolved. He explains settlement agreements and discusses them from both the plaintiff’s point of view as well as the defendant’s perspective.
On September 5, 2017 Acting Secretary of The U.S. Department of Homeland Security, Elaine C. Duke, issued a memorandum rescinding the June 15, 2012 memorandum under the Obama administration entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” which established the program known as Deferred Action for Childhood Arrivals (“DACA”). In this podcast, immigration attorney Vishal Chhabria explains the consequences on current DACA recipients, DACA recipients whose status is set to expire over the next 6 months, and individuals who were otherwise eligible to apply for DACA but had not yet submitted an application. Additionally, legislation currently in Congress which may provide relief to "Dreamers" (those eligible to apply for DACA) is discussed.
Kerry Lavelle, author of The Business Guide to Law: Creating and Operating a Successful Law Firm, discusses the new law office consulting group at Lavelle Law. Over more than two decades, Lavelle managed a successful law firm that grew from a single attorney to more than 25 across more than a dozen practice groups. In this podcast, he discusses the process he uses in helping other law firms achieve greater success and improved financial standing. Lavelle Consulting offers law firm audits, evaluations of operations such as billing, lead generation and hiring practices, partner retreats, cash flow management, M&A and more.
Although it is not for everyone, an uncontested divorce can be a viable option under certain conditions. It can save you time and money, and avoid a prolonged discovery process. In this podcast, family law attorney Colleen Hurley explains how this process works and the benefits of an uncontested divorce.
When negotiating an employment agreement, or when terminating someone’s employment, whether that employee is bound by restrictive covenants, such as covenants not to compete and prohibitions on solicitation, often becomes an issue. In this podcast, attorney Joshua Nesser discusses the typical restrictive covenants, Illinois law with respect to the enforceability of these covenants, and how employers and employees should go about handling these covenants.
As of October 1, 2016, Mandatory Arbitration is now required for commercial cases assigned to the Commercial Calendar Section of the Law Division. There are various requirements for ensuring your arbitration is successful. Attorney Jennifer Burt Tee explains the commercial arbitration process.
Child support laws in Illinois have completely changed beginning 7/1/2017. This podcast, with attorney Amil Alkass, summarizes the new child support law.
In this podcast, attorney Jackie Luthringshausen explains the purpose, structure, and advantages of establishing a Pet Trust for your beloved pet.
There are several steps a subcontractor must take to perfect a mechanics lien and make it valid and enforceable. Find out what those steps are in this informative podcast with attorney Lance Ziebell.
In an attempt to increase government collection of taxes, the IRS has contracted with 4 Private Collection Agencies to have them assist in collection against taxpayers. In this podcast, attorney Tim Hughes explains how this affects taxpayers and what you should do if you are approached by a debt collection agency.
As our lives become increasingly digital, it is important that our estate plans protect our digital assets. In this edition of Chicago’s Legal Latte, we are joined by Attorney Christopher Mackey who discusses how to ensure that your digital assets are properly addressed in your estate plan.
Asylum may be an appropriate form of protection under immigration laws for foreign nationals who are already in the United States and who have been or fear persecution on account of race, religion, nationality, and/or membership in a particular social group or political opinion. In this podcast, attorney Vishal Chhabria addresses many important particulars regarding the asylum process in the U.S.
In today’s business world, it is becoming more challenging than ever to differentiate one business from another. Investing in a trademark is a good way stand out. In this podcast, attorney Ted McGinn explains the process and the critical steps you must take in order to establish and protect a trademark.
No one likes a bully, especially in business. Learn the tricks that business bullies use to get their way, and how to hold your ground. In this podcast, experienced business attorney James Voigt shares his methods for remaining professional when dealing with business bullies.
It is no secret that litigation can be expensive. In the United States, the traditional rule is that the parties to a lawsuit are responsible for paying their own attorney’s fees. If you want to file suit against someone for money damages, the last thing you want to do is spend more money on attorneys’ fees than the amount of money you may be awarded in a judgment. In this podcast, attorney Josh Pagan explains some of the ways you may be awarded your attorneys’ fees in Illinois.
When selling your home, you may be left with many questions. From accepting an offer, responding to home inspection issues, and scheduling the closing, a real estate attorney will be able to walk you through the entire process. In this podcast, attorney Chance Badertscher answers the most common questions from home sellers.
What happens when two parties dispute an amount due and the debtor tenders a check to the creditor which states that the check constitutes full satisfaction of the debt and the payee cashes the check with the limiting language? Attorney Jennifer Burt Tee answers this question and others regarding “Accord and Satisfaction.”
In this podcast, family law attorney Michael Roth explains how child support is calculated in Illinois and how a new law may impact monthly payments.
The U.S. Citizenship and Immigration Services Form I-130 is one of the most common USCIS forms. Various types of petitioners use this form to help their alien relative get a Green Card. In this podcast, immigration attorney Vishal Chhabria explains who is eligible to file this form, the steps and costs involved in filing, and other aspects that encompass legally obtaining a Green Card for a family member.
Occasionally, events occur that prevent a person from meeting their tax obligations with the IRS. Attorney Tim Hughes, who has over 25 years of experience and a proven track record in dealing with IRS tax debt issues, discusses various options for individuals who can’t pay their taxes.
One of the first steps the IRS will take in collecting a past-due tax debt is filing a Notice of Federal Tax Lien. In this podcast, attorney Joshua Nesser discusses the impact of the filing of a tax lien and the options for resolving tax liens.
Advancements in medical technology continue to solve issues previously thought unsolvable. Two such notable advancements are sperm and egg freezing and in vitro fertilization, which allow couples previously unable to conceive a child to experience the joy of having a child. Nevertheless, these procedures present unique estate planning issues (such as, what happens to the unused genetic material?) In this podcast, Attorneys Brian Warens and Christopher Mackey explain what to do if you plan to freeze your reproductive material.
Attorney Vishal Chhabria, who heads up Lavelle Law’s Immigration Law practice group, discusses common issues regarding immigration law including: the Green card process for family and employment-based immigration; non-immigrant work visa overview; general considerations for application for naturalization (citizenship).
Privacy issues have become more complex in the digital world in which we live. In this podcast, attorney Matt Sheahin provides an overview of the Illinois Biometric Information Privacy Act and the current status of major cases filed under the Act.
Contracts are used extensively throughout business. And if business owners are not careful, they may end up signing a contract that contains several unfavorable terms. This podcast, with attorney Ted McGinn, is designed to present basic concepts that any business owner can use when reviewing a contract.
When people obtain orders of protection, often they find that the Respondent’s attorney wants to dismiss the Order of Protection and instead agree to a two-way no-contact order. In this podcast, Kristina Regal explores the benefits and pitfalls of these alternative orders.
In this podcast, attorney Heather Glaser provides a summary of laws that Illinois business owners need to be aware of including changes to non-compete agreements, updates to protected information classifications, felony charges added to returning rental equipment late, more expansive building requirements to increase accessibility to those with disabilities, and more.
Many employers wonder whether it is important for them to use an employee handbook. Simply put, it is. Handbooks are invaluable tools for both employers and employees. In this podcast, attorney Josh Nesser discusses why handbooks are important, the information that should be included in handbooks, and how handbooks can be misused, among other relevant topics.
The Treasury Department has proposed new Section 2704 regulations which will severely curtail the use of valuation discounts for transfers of interests in family-controlled businesses. If the proposed regulations go into effect as written, they will have a significant impact on estate planning for owners of family-controlled corporations, partnerships, and limited liability companies. Estate planning attorneys Brian Warens and Jackie Luthringshausen explain these regulations and what you should do to protect yourself and your business.
More and more young people have decided to become home owners and are beginning the multi-step process of finding and buying their first home. In this podcast, real estate attorney Kelly Anderson is joined by author Michael Trickey to discuss how to succeed in the home buying process. The discussion centers around Mr. Trickey’s book “Finding Home: Everything You Need to Know – And Do – For Home Buying Success.” Anderson and Trickey answer a multitude of questions that first time home buyers ask and explain the importance of using real estate professionals at appropriate points in the process.
There are a host of ways to hold title to real estate. But depending on the circumstances – some are better than others. Illinois is one of just a handful of states that actually has a statute on record addressing land trusts. But what are they and why use one? Listen in, as attorney Kelly Anderson answers these questions and more.
We recently saw record breaking Chicago Cubs ticket prices for the LONG awaited 2016 World Series. That raises the question: Do you know who you can buy tickets from? In this podcast, attorney Heidi Kuffel discusses the Ticket Sale and Resale Act - how it effects both brokers and scalpers in Illinois, and the penalties they will face if they don’t comply. Understanding this Act will also protect potential ticket buyers when the box office is sold out.
If you or a family member are lucky enough to find love again after death or divorce, estate planning issues can be more complicated than they seem. Listen in, as Attorneys Heather Walser and Amil Alkass explain everything you need to know about planning your estate for a future second (or more) relationship or marriage.
What happens when you or a loved one can no longer make financial and healthcare decisions on their own behalf and they don’t have a Power of Attorney for Property and/or Healthcare? A judge can choose an individual to make these critical decisions on behalf of an adult with a disability. In this podcast, attorney Michael Roth discusses the different types of guardianship, and the players and process involved.
Many business sale structures require careful selection of the right buyer for your business. Just finding someone who has the ability to pay the purchase price is often not enough to ensure the transaction is a success. In this podcast, attorney James Voigt explains the important areas of concern in ensuring not only a successful transaction, but the legacy of your business as well.
During this podcast, attorney Matthew Sheahin, who has over 19 years of litigation experience and a proven track record, explores the necessity and technique of a good direct and cross examination.
If you or a family member are lucky enough to find love again after death or divorce, estate planning issues can be more complicated than they seem. Listen in, as Attorney Heather Walser explains everything you need to know about planning your estate for a future second (or more) relationship or marriage.
When buying a home for the first time, purchasers often feel overwhelmed. A residential real estate contract can be a complicated document. Real estate attorneys are here to walk purchasers through the entire process, from the signing of the contract all the way through closing. In this podcast, real estate attorney Chance Badertscher explains the process and answers questions that first time home buyers often ask.
Beneficiary designations are among the most over-looked and neglected aspects of a creating a well-rounded estate plan. When was the last time you checked your beneficiary designations on your retirement accounts? Or on your life insurance policies? If it’s been a while, you may be surprised when you review these designations. Have you recently married, divorced, or had children? Have these individuals been properly included (or excluded) as the case may be? Many assets, such as 401(k)s, IRAs, 403(b)s, life insurance policies, and even some bank accounts, allow for the naming of beneficiaries to whom these assets will pass in the event of the owner’s death. Ensuring that all of your assets pass the way you want after your death is of paramount importance for estate planning attorneys and our clients. In this podcast, attorney Ryan Gardner explains how he helps his clients from a holistic standpoint determine how assets are titled, how beneficiaries are designated, and ensures that their assets are provided for in their estate plan, which includes more than just a Will or a Trust. This podcast answers some common questions and provides perspective on how to accomplish your goals with respect to reviewing and updating beneficiary designations.
A few years ago, Airbnb came into the market and became popular very quickly as an online source connecting anyone with a space to rent with those looking for a temporary place to sleep. But with the new “sharing economy” which has also given rise to the likes of Uber and Lyft – and in response to constituents – namely the hotel industry, local government is finding that more local oversight is becoming necessary. On June 22, 2016, the Chicago City Council passed a new ordinance that imposes tighter regulations on the house-sharing industry. Albeit, many are still arguing the regulations aren’t enough. In this podcast, attorney Kelly Anderson unpacks the details of these new regulations.
In this podcast, attorney Amil Alkass discusses the issue of “interim” and “prospective” attorney fees in an Illinois divorce proceeding and addresses when a court will award attorney fees to a spouse from the other during a litigated divorce case.
In this podcast, attorney Joseph Vito discusses the basics of uninsured and underinsured motorist claims.
In this podcast, attorney Tim Hughes explains the steps in contesting property taxes in Cook County, Illinois.
Income tax basis issues as they relate to S Corporation shareholders require an awareness that if overlooked can cause unexpected tax results for the S Corporation shareholders. When an S Corporation shareholder receives his or her annual K-1, a shareholder basis schedule must be included so that the tax preparer can properly report the shareholder's pro rata share income or loss from the S Corporation. In this podcast, attorney Steve Migala and his guest, David Diamond, a CPA and Partner with Kutchins, Robbins & Diamond, discuss these important tax issues and explain how to avoid increased federal and state income taxes, penalties and interest upon IRS audit.
One of the most common issues small businesses face is penalties, time lost, and hassles associated with calculating, paying, and filing required tax forms for payroll. Using a payroll service is a surprisingly affordable solution to this problem. Attorney Jim Voigt and his guest, Stephanie Roadman Lange from Paychex, discuss why using a payroll service can save you time and money, and makes good business sense.
Getting agreements in writing isn’t just about winning a lawsuit someday in the future. It’s actually about avoiding the lawsuit in the first place, which is especially important with family and friends. Learn how to get it right, without offending those close to you. In this podcast, attorney James Voigt explains why you shouldn't skip this very important step in any business formation, even those with friends.
What can and can’t you fax under the Telephone Consumer Protection Act? Who can you send faxes to and when? In this podcast, these questions and more are answered by attorney Lance Ziebell.
In this podcast, attorney Kerry Lavelle and Daily Herald business writer Jim Kendall explore how a professional service firm can use social media platforms to enhance their practices.
For anyone interested in establishing charities and other organizations that are exempt from federal and state taxation, it is important that they understand the steps they must take at both the federal and state level to obtain their exemption from income taxation, and retain that exemption. In this podcast, attorney Joshua Nesser discusses these steps and explains the process of obtaining tax exemption.
The final ruling on one of a seven part rule proposal, the Food Safety Modernization Act, focuses on keeping food safe during transportation. The rule applies to shippers, loaders, and carriers by motor or rail vehicles, with Third Party Logistics (3PLs) potentially falling under the definition of shipper. In this podcast, attorney Christopher Williams explains the FSMA, its impact, and when you need to be compliant.
In 2008, Illinois attempted to pass a bill that would have made crossing the street while using a cell phone subject to a fine. Although the bill did not pass, the case against distracted walking may have a moment of resurgence. Currently, a representative from New Jersey is proposing similar legislation to the New Jersey Assembly which would make it a crime to text while walking. In this podcast, attorney Sarah Flohr discusses a similar law proposed in Illinois.
In this podcast, attorney Heidi Kuffel discusses Prove-Ups and what you can expect in a Prove-Up hearing of a divorce proceeding.
Shopping centers are finding it harder and harder to get new, quality tenants. Why? In this podcast, attorney Kerry Lavelle addresses how commercial real estate has changed over the last ten years and the current makeup of retail tenants in today’s economy.
Congratulations! You just had your first (or maybe your second, third, fourth?) child. Exciting times indeed. You work hard, you've saved enough money, you have life insurance; you are ready for this journey. But in the event of your untimely death or disability, who do you want to raise your child? How will your assets and money that will pass to your children be managed? And by whom? All of these unanswered questions can be solved by various estate planning documents. But without these vitally important safeguards, some judge you've never met, or family you don't trust, will make these decisions for you. Instead of leaving it to chance, take charge today to ensure that your wishes are memorialized and followed. In this podcast, attorney Ryan Gardner explains the necessary steps to take to maintain control over your affairs and wishes with respect to your assets, but most importantly, for your children.
What happens when someone dies and they owe you money? Or, if you are the executor or administrator (representative of the Estate), how will you know who to pay out of the estate to decedent’s creditors? In this podcast, attorney Jennifer Burt explains the specific rules that dictate how and when claims are filed against a decedent’s estate. She also discusses the seven different classes of claims.
In this podcast, attorney Michael Roth provides an overview for personal injury and medical malpractice plaintiff lawyers on spotting issues related to individuals who are injured and low income.
A letter of intent is a document that is commonly used in connection with a wide range of business transactions. They are used in business sales or lease agreements or loan transactions. They are designed to summarize the major business terms, and create a framework where parties can further evaluate a potential transaction. In this podcast, attorney Ted McGinn discusses why parties need to be careful that the letter of intent use effectively protects their rights.
This podcast, with defense attorney James Doerr, is an introductory discussion into Illinois domestic battery law. The discussion focuses on elements of a domestic battery charge and the fact that a victim may not simply "drop the charges." Orders of Protection is also discussed.
A mechanics lien has been filed on your property - now what? In this podcast, attorney Lance Ziebell discusses what a mechanics lien is and the process for removing it from your property.
The word “Custody” has been removed from the language of Illinois’ Family Laws. “Visitation” has also been replaced. Learn what has replaced these two long standing and long fought after words in Illinois’ massive overhaul of family laws in over 30 years. In this podcast, attorney Pequeno discusses these specific changes.
You’ve probably spent considerable time developing plans for accomplishing your financial and estate planning goals, but what have you done to ensure that the plans you’ve set in place will be executed properly? By working in conjunction with a team of advisors, instead of just one, you can take advantage of the specialized knowledge of many professionals instead of relying on the knowledge of just one. In this podcast, attorney Heather Walser and CFP Michelle Smalenberger discuss the who, what, why and when of successful planning teams.
You have a lease with a tenant that calls for monthly rental payments of X$s on or before the first of each month. Your tenant calls you to say he can’t make the payment, what do you do? Attorney Timothy Hughes explains your rights and the steps involved with the eviction process.
Parents usually know the people that they would want to raise their minor children should something happen to the both of them (i.e., guardians); however, they may not know how to memorialize these wishes in a way that courts will recognize after they are gone. If parents do not nominate guardians, default rules govern who may petition the court and be responsible for children and inherited assets – these rules may not conform with parents’ wishes. In this podcast, attorney Brian Warens discusses how to nominate guardians, planning for children’s financial needs, and provides a brief overview of the guardian appointment process.
In this podcast, attorney Joe Vito and guest Dan Patlak, Commissioner with the Cook County Board of Review, discuss how to successfully appeal your property tax.
In this podcast, attorney Christopher Williams explains the types of crowdfunding that are available and how to get involved in this type of fund raiser. He also discusses the risks involved with investing in crowdfunding.
In January, the law changed to eliminate the need for grounds for a divorce. Prior to 2016, every divorce had to be for a reason. That’s no longer the case. In this podcast, attorney Kristina Regal explores other new changes in divorce law.
This podcast with attorney James Doerr focuses on some recent legislative enactments that impact DUI’s and DUI revoked licenses.
In this podcast, attorney Matthew Sheahin addresses when "lost profits" are appropriate as a damage award and which claims typically involve such a damages component.
The cell tower market seems to be swinging slightly in favor of property owners. Lots of cell tower networks were constructed in the 90’s – now those leases are coming up for renewal, and over time, landlords have educated themselves and become smarter about what rates they should actually be getting – so it’s possible that rates might be on the rise. But landowners need to be careful and make sure they aren’t giving away the farm when negotiating these leases. In this podcast, attorney Kelly Anderson discusses the issues you need to consider in these negotiations.
There is a new tax and spending bill recently passed by the House of Representatives and working its way through Congress which extends some previous tax provisions that had expired on January 1, 2015. Many changes are permanent and some are temporary. In this podcast, attorney Steve Migala and CPA Dan Duncan address how this new legislation impacts businesses.
It is vitally important to prepare for your potential incapacity by executing estate planning documents – including and especially a power of attorney for health care and a power of attorney for property. In this podcast with Heather Walser, find out everything you need to know about these documents, and how to choose the best agent for the job.
During this podcast, attorney Amil Alkass discusses how property is transferred in divorce from one spouse to the other and the possible tax ramifications associated with a division of a marital estate.
Is bankruptcy right for me? In this podcast, attorney Timothy Hughes explains the different factors that lead people to file for chapter 7 bankruptcy, and all that is involved in this process.
Legislation signed by Governor Rauner on August 12, 2015, outlines how police should use body cameras and establishes updates aimed at bias-free policing and improving police training. Specifically, the law addresses when body cameras should be worn, when taping should begin, and how long recorded videos should be kept. In this podcast, attorney Sarah Flohr explains this new law in detail.
Restrictive covenants are critical to protect relationships with patients. However, recent court decisions have impacted the enforceability of such covenants. Therefore, agencies must be cautious in how they draft such agreements. In this podcast, attorney Ted McGinn explains what you need to know before you draft restrictive covenant agreements.
Parties can resolve their differences outside of court even after litigation has begun, and whether it’s at the initial proceeding or getting close to trial. There is arbitration and mediation which may assist or completely resolve the issues in dispute. Depending on the dollar amount alleged in a case, a case may be mandated to go to arbitration. Arbitration is more like a trial, and mediation is more like a settlement conference. At the arbitration, you will present evidence and ask questions of the parties. However, a mediation is more like a settlement conference, in which the mediator listens to both parties’ arguments, but seeks to problem solve and create resolution for the parties. In this podcast, attorney Heidi Kuffel discusses both of these legal solutions.
One thing that many business owners do not realize is that if their company does not pay its employment taxes, they can be held individually responsible for a significant portion of the unpaid taxes. This means that while the company’s liability will essentially be forgotten when the business closes, this personal liability remains, and must be paid, even after the business is closed. In this podcast, attorney Joshua Nesser discusses the circumstances under which this “Trust Fund Recovery Penalty” can be assessed and what individuals should do if they think they will, or already have been assessed.
As parents get older, they often consider adding their children to bank accounts in order either to ease the administrative burdens of daily financial interactions, or as a very basic form of estate planning. In this podcast, attorney Brian Warens discusses the unintended and undesirable consequences of parents adding children to bank accounts and how to avoid the same.
One of my employees had filed a wage claim against me – what do I do now? In this podcast, attorney Lance Ziebell discusses what a wage claim is and how to defend one.
A new maintenance law took effect on January 1, 2015 that provides a strict calculation for how much maintenance – formerly known as alimony – a spouse will pay in a divorce. This podcast, with attorney Kristina Regal, explores what the new law says – and what it doesn’t say.
What does the Court need to finalize a divorce decree? What, if any items can be dealt with at a later time? Listen to Attorney Jenét Pequeño from Lavelle Law describe the process of getting the final documents that the court needs to finalize a divorce. Learn what the court looks at in terms of settlement provisions and how it is dealt with. The process can be filled with challenges that would make somebody second guess going it alone.
Often at odds with each other, the Associated Beer Distributors of Illinois and the Illinois Craft Brewers Guild finally crafted some sweeping and overdue changes to craft brewing laws in Illinois loosening up tight restrictions on how and when craft brewers sell beer and how much they can brew. This new legislation was signed into law on August 24, 2015. In this podcast, attorney Kelly Anderson explains the specifics of this new legislation.
Often times, employment contracts contain restrictive covenants which operate to restrict the employee in some way upon the employee’s termination or resignation. The question of whether a restrictive covenant is enforceable is one of law and depends upon the reasonableness of its terms. In this podcast, attorney Jennifer Burt discusses the different types of restrictive covenants, their enforceability, and their limitations.
This podcast focuses on the steps necessary to clean up a person’s public record of a criminal arrest. Attorney James Doerr explains expungements and sealings of records.
In this podcast, attorney Steve Migala discusses what a "deed in lieu of foreclosure" is and its advantages. A "deed in lieu of foreclosure agreement" is a contract between a defaulting borrower and a lender who has filed or is contemplating a foreclosure proceeding. The parties agree to settle the matter by having the borrower voluntarily surrender the real property to the lender in exchange for the avoidance of the foreclosure proceeding, which may include the lender's agreement to release or limit remedies against the borrower, any guarantor or other collateral.
Creditors are never required to accept a settlement offer. What can you do to improve your chances? In this podcast, attorney James Voigt discusses when to engage in a lump sum settlement and what to consider before making such a decision.
Relying on his 25+ years of experience in operating his own practice, attorney Kerry Lavelle has authored a new book on law practice management that has been published by the American Bar Association. The Business Guide to Law: Creating and Operating a Successful Law Firm takes a new approach to the topic as it describes why and how running a law firm must be approached first from a business perspective. The book is also unique in the marketplace in that it covers three distinct phases of the life-cycle of a law firm – starting it, growing the firm and ultimately transitioning it to the next generation of partners. This podcast features a detailed discussion with the author on why he wrote the book, what audience it is targeted to, and what makes it a unique approach to this topic.
As our loved ones age, many factors such as physical illness, diminishing mental capacity, and dementia can make them vulnerable to neglect, abuse, and exploitation by caregivers, family members or others. There are a number of Illinois laws and mechanisms in place to prevent and respond to these types of elder abuse. In this podcast, attorney Heather Walser explores: (1) the options available to help prevent these types of elder abuse, and (2) the steps you should take if you suspect that a friend or loved one has been the victim of elder abuse.
This podcast addresses name change petitions in Illinois for both adult and children. Attorney Amil Alkass explores the process of obtaining a name change and the legal requirements that must be met.
In this podcast, attorney Tim Hughes explains how property taxes are calculated and what possibly can be done to lower yours.
Medical amnesty policies are laws or acts which protect from liability those who seek medical attention as a result of illegal actions. In Illinois, the House and Senate have passed a bill which would provide immunity to individuals under the age of 21 who are in need of medical help as well as those who call on their behalf. Proponents say the proposed bill would help to remove the fear of legal trouble which prevents teens from calling for help for a friend who has passed out after drinking too much. In this podcast, attorney Sarah Flohr discusses the proposed Illinois legislation and how it would affect minors in the State.
People often think that entering a judgment means the case is complete, but it’s only just the beginning. In this podcast, attorney Heidi Kuffel shares what actually happens after a judgment is entered. She discusses post-judgment proceedings, conditional judgments, and who can issue citations as well as what happens when they’re not answered.
In the wake of rampant transfers of Home Health Care providers, Medicare passed the “36 month rule” that now restricts the ability of an owner of a home health care company from transferring their ownership, within certain time frames. In this podcast, attorney Ted McGinn discusses the 36 month rule and it's impact on Home Health Care.
Most people are familiar with the concept of child support – that a parent without residential custody has to pay a parent with residential custody money to support his or her child. But a recent Illinois court ruling now provides that parents who have residential custody may have to pay child support to parents without residential custody, in some cases. This podcast with attorney Kristina Regal explores when this new case law applies to divorce cases, and when it doesn’t.
One of the IRS’s strongest methods of enforcement and collection is auditing tax returns. In this podcast, attorney Josh Nesser will discuss why audits occur, what occurs in an audit, and what options taxpayers have when they disagree with audit results.
In addition to making clear a company’s policies and procedures, employee handbooks can help an employer when employees make claims against the employer. Listen to attorney Lance Ziebell to find out how and why.
This podcast addresses the changes to the Illinois law effective January 1, 2015 regarding maintenance (formerly known as alimony) for Illinois divorce and legal separation cases. Attorney Amil Alkass explains the differences between maintenance and child support, as well as how the court determines and calculates maintenance.
In this podcast, attorney James Doerr discusses the beginning steps of reinstating one’s privilege to drive.
In order to be appointed as a guardian for a person or an estate, there are various court procedures that must be followed. In this podcast, attorney Jennifer Burt explains how to file a Petition for Adjudication of disability and for the appointment of a guardian of the estate or person.
Food trucks have hit it big in the last few years. Before that, food trucks were generally just thought to serve coffee or basic sandwiches to construction workers. Now, people are excited about food trucks like they are going to the opening of a new restaurant. They serve gourmet food, everything from tacos to specialty cupcakes. Chicago is a city chock full of foodies and great restaurants. But rather than be on the forefront of the food truck boom, Chicago’s food truck laws are extremely prohibitive – restricting what they can serve and where they can go.
Indemnification can present a major risk with large numbers especially when contracting with large companies.Understand your risks and ability to push back when needed. Tune in to this podcast and listen to attorney Jim Voigt's helpful advice on the subject.
Have you ever considered writing your own will? You may think, "I know what I want – how hard can it be?" Unfortunately, with DIY estate planning, you really do "get what you pay for." Heather Walser addresses the topic of estate planning and why using an estate planning attorney may save you time and treasure in the end.
The Illinois Real Estate License Act of 2000 now authorizes real estate brokers to issue Broker Price Opinions (BPOs) and Comparative Market Analyses (CMAs) in connection with the sale or rental of real estate. It also exempts licensed real estate brokers from the Real Estate Appraiser Licensing Act of 2002 when they are issuing BPOs and CMAs for no compensation other than in connection with the sale or rental of real estate. This podcast with attorney Steve Migala explores the legislative changes to this Act as well as BPOs and CMAs generally.
This podcast will address the remedies of TRO and Injunctive relief. Attorney Matt Sheahin will address what a TRO is, when one is needed, and how to obtain one. He will also answer questions concerning preliminary and permanent injunctions.
Illinois orders for child support do not cover every expense that your child will incur. How can that be? What if I have my checks garnished each and every time, why and how could I be expected to pay more? People have to be very careful about this and expectations need to be calibrated to be in tune with the Illinois Courts. This podcast will detail how the judges in Illinois go about making decisions into what expenses the non-custodial parent will have to make in addition to child support. Attorney Pequeno will describe what sorts of debts may be incurred and how the court determines amounts that have to be paid for this.
A second mortgage/HELOC lien can be removed from your home in a chapter 13 bankruptcy IF the first mortgage balance is greater than the fair market value of the home. Tune in with Attorney Timothy Hughes to learn more about stripping a lien in Chapter 13 Bankruptcy.
Hearings with agencies are usually performed with the parties, their attorneys, and the administrative law judge over the phone. Administrative law judges handle issues strictly pertaining to employment and are well versed in rules and cases relating to their particular area of law. Sometimes attorneys are involved and other times clients represent themselves pro se. Generally speaking, an employment hearing is like a mini trial where you will present your witnesses and cross examine the other side’s witnesses. You are able to submit documents which you may wish to enter as evidence in advance to both the judge and opposing party. It helps to have these clearly identified and readily accessible during the hearing, especially considering its telephonic nature. You are usually able to have both a closing and opening statement as well. Do not expect a decision at the conclusion of the telephone conversation. The decision will come in writing and it could take several months before any such decision is rendered.
Tune in to this podcast with Heidi Kuffel to learn more about what to expect during an employment agency hearing.
The Mature Minor Doctrine is a common law doctrine created in most states through judicial rulings. The doctrine accepts that an unemancipated minor may possess the maturity to choose or reject a particular health care treatment. Illinois’ version of the doctrine was created by the 1989 Supreme Court of Illinois decision, In re E.G. Most recently, the Doctrine was discussed in a Connecticut Supreme Court case where the court unanimously ruled that a 17 year old girl can be forced to undergo cancer treatments against her will. This podcast with attorney Sarah Flohr will discuss the Mature Minor Doctrine and how it could affect unemancipated minors in the state of Illinois.
Intellectual property, including trademarks and copyrights, can be valuable business assets. In this podcast with Courtney Kleshinski, learn the basics about trademark and copyright protections and how to preserve them for your business.
Many clients wonder if, when, and to what extent they should discuss their estate plan with beneficiaries while they are alive. In this podcast, attorney Brian Warens will discuss when and to what extent it is appropriate to have a conversation regarding estate planning with beneficiaries, and the possible consequences to not having the discussion at all.
This podcast with Amil Alkass will address the cause of action of Alienation of Affection and the use of this strategy in a divorce proceeding.
Often when people live with a boyfriend or a girlfriend, they sign a lease together. But if the relationship becomes violent, it can be damaging to a person’s credit and finances to try to get out of the lease. This podcast with Kristina Regal explores what rights tenants have when they seek the protection from the courts for domestic violence.
The Taxpayer Advocate Service, an ombudsman for the IRS, is responsible for assisting taxpayers in resolving certain problems with the IRS, including financial hardships, significant costs and delays, and lack of communication from the IRS. The Advocate presents an annual report to Congress identifying systemic problems that exist within the IRS and, to the extent possible, proposing changes in its administrative practices and identifying potential legislative changes that may mitigate such problems. This podcast with attorney Joshua Nesser will discuss the Advocate’s 2015 report and how it will affect taxpayers.
If you are considering filing a lawsuit or have been named as a defendant in a pending litigation case, it is important to be aware of alternative methods to resolve the conflict besides trial. Mediation and arbitration are alternative ways to resolve lawsuits – This podcast with Lance Ziebell will explore both alternatives, explaining each, how they work and the benefits.
Black's Law Dictionary defines "Expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." This podcast with James Doerr of Lavelle Law will be to provide the listener with a brief overview of the expungement process in Cook County. We will cover the legal benefits of expungement, the cases that are eligible to be expunged, the legal standards the presiding judge will use in deciding whether or not to grant the petition, the discretion the judge has in this process, the treatment of felony versus misdemeanor cases, and the general filing process that must be followed in the filing of these petitions with the Circuit Clerk of Cook County.
Not every business benefits from corporate or LLC protection. Tune in for this podcast with James Voigt of Lavelle Law to find out whether your business model actually gains a tangible benefit from incorporation or forming an LLC.
As of May 20, 2014, all corporations at administrative hearings must be represented by counsel. Previously individuals could represent corporations, LLC’s, entities, etc. at administrative hearings. A common administrative hearing relates to an overweight truck violation. This podcast with Jennifer Burt will discuss overweight truck violations and how our office can be of assistance in appearing on your behalf.
Employers are not the only ones demanding social media passwords – schools are doing so too. There has been lots of media attention about this – resulting in a surge of legislative activity on the issue. In Illinois, a new law went into effect this year allowing school officials to have access to passwords to students’ social media accounts in certain situations. The concern, of course, is how this impacts a student’s right to privacy under the Constitution and state laws. This podcast with Kelly Anderson will explore the new law and how it could affect your children.
The business judgment rule is a presumption that directors of a corporation or those who manage other entities make business decisions on an informed basis, in good faith, and with the honest belief that the course taken was in the best interest of the entity. This podcast with Steven Migala explores the business judgment rule and explains its meaning and significance to those who serve as directors of corporations and who manage limited liability companies.
You’ve probably heard about the benefits of the different types of trusts that can be created in estate planning. But your work isn’t done just because you’ve finalized and signed your trust. For a trust to function property, it must be “funded.” But what does it mean to “fund” a trust, and why is the funding process so important? This podcast with Heather Walser will answer these questions and more.
Taxpayers who owe money to the IRS should try to actively resolve their debt. The IRS has many options from Offers in Compromise to Installment Agreements designed in order provide taxpayers with a fresh start. If you currently have extensive tax debt and feel that you would benefit from the relief offered by the IRS, tune in to this podcast with Timothy Hughes of Lavelle Law to learn more about the options available to reduce or eliminate your tax debt.
The decision to divorce your spouse is not one taken lightly by the parties involved. Filing for a divorce can quickly become a complicated and confusing ordeal, especially when children are in the mix. Another complication that could arise is a “missing” spouse. The court allows for these types of divorce, called a default divorce. If you have questions about or have considered a default divorce, listen to this podcast with Heidi Kuffel of Lavelle Law to learn more.
dentity theft has been in the news a lot lately. As the recent security breaches at Target and Home Depot show us, our personal information is more vulnerable than ever. But what are steps that you can take to protect yourself from identity theft and how can an attorney assist you if your identity is stolen? This podcast with Courtney Kleshinski of Lavelle Law will discuss these points and more and provide clarity on how to protect yourself from Identity Theft.
Most people have heard about estate and gift taxes, but may not understand exactly what they are and when they apply. In this podcast with Brian Warens, untangle the mysteries behind estate and gift taxes and find out what creates an estate or gift tax return filing obligation and/or liability.
People often throw around terms like “sole custody,” “joint custody,” and “full custody.” But what does that really mean? This podcast with Kristina Regal of Lavelle Law explores different types of custody rights, and the implications of those rights over the lifetime of a child.
Due to changes in IRS reporting requirements for tax-exempt entities in recent years, many entities have lost their tax-exempt status, which can cause significant issues both for those entities and for any individuals donating to them. This podcast with Joshua Nesser of Lavelle Law will discuss what can cause an entity to lose its exempt status and what can be done to have this status reinstated.
Unemployment is not a free pass for unemployed workers – find out what defenses you may have to a former worker’s claim for unemployment benefits in this podcast with Lance Ziebell of Lavelle Law.
Through landmark legislation that passed in Springfield, IL last November, Same Sex Marriage has come in effect as of June 1, 2014. With this new legislation comes many questions and even more gray areas that have yet to be discussed or tested by the court and employers. Questions such as:
What benefits are there for same sex couples?
How may business be affected by marriage equality?
Now that there is marriage equality, how will these couples be impacted in the courtroom in case of a dissolution of their own?
To learn more about these questions and more, tune in to this podcast with Family Law attorney, Jenet Pequeno of Lavelle Law, Ltd.
After you have filed a Complaint or responded to a Complaint by filing an Answer to the Complaint, the next phase of the litigation is called discovery. Discovery typically begins by sending Interrogatories and Requests for the Production of Documents, Objects and Tangible Things (“Requests to Produce”). Interrogatories are written questions and Requests to Produce are requests for documents, objects and tangible things. This Podcast with Jennifer Burt of Lavelle Law will review the process and provide an overview of what to expect.
The Secretary of State has the authority to suspend the driving privileges of a motorist for any number of reasons, some discretionary. The goal of this podcast is to acquaint the listener with some of the more common basis’ for these suspensions. The podcast with James Doerr of Lavelle Law will also present some common methods used to clear up these suspensions and the role the lawyer plays in facilitating this process.
Whether you are going through a divorce and fighting over custody of your dog Snoopy, or you let your pet sit on your lap while you drive, or you purchased a new puppy that is deemed “unfit” by a veterinarian, there are things you need to know about your rights, your pets rights and protections, and laws protecting others from your pet. This podcast will provide a broad overview regarding pet laws in Illinois.
Leverage is key when negotiating with global corporations and most small contractors are surprised at how much negotiation can take place in their favor. This podcast with Busienss Law attorney at Lavelle Law, James Voigt, will discuss strategies you can use to leverage your small business against global corporations.
This podcast with Steve Migala discusses judicial dissolution of Illinois corporations under Article 12 of the Illinois Business Corporation Act.
As our loved ones age, many factors such as physical illness, diminishing mental capacity, and dementia can make them vulnerable to neglect, abuse, and exploitation by caregivers, family members, or others. There are a number of Illinois laws and mechanisms in place to prevent and respond to these types of elder abuse. In this podcast with Heather Walser of Lavelle Law, we will explore: (1) the options available to help prevent these types of elder abuse, and (2) the steps you should take if you suspect that a friend or loved one has been the victim of elder abuse.
The decision to file bankruptcy can be a difficult and emotional experience for any person. With that decision comes a flood of unanswered questions and doubts when it comes to assessing debts and liabilities to be covered by the bankruptcy. One of the most commonly asked questions is whether or not student loans can be discharged in a bankruptcy. To learn more, listen to this podcast with Timothy Hughes of Lavelle Law.
While the victims of violence may think they have limited to no options for protection, the court system offers a variety of options for protection. This podcast with Amil Alkass of Lavelle Law will explore protections and remedies available to victims of abuse, domestic violence, and stalking.
Small claims court has many different rules and procedures than other courts. It has many more of the elements “as seen on tv,” as very little is documents or correspondence is exchanged between attorneys, or the plaintiff and defendant. Usually attorneys are retained on a flat fee basis, and work is not performed hourly. Discovery rarely happens because the court wants to keep everything moving. A defendant does not even need to file an answer or disclose witnesses in small claims court. If a defendant chooses not to file an answer, the court will assume all allegations are denied. You are allowed to file additional pleadings, such as a counterclaim, but must ask the court for leave to file it. Many surprises can happen the day of trial, since both sides are uncertain as to who will be called as a witness and what evidence will be presented. Both parties will see all documents each side will offer up for the first time at trial. All rules of evidence do apply in small claims court, but in order to enhance efficiency, the court and counsel are usually more relaxed on objections when a witness is testifying or when a document is being requested to be admitted into evidence. Although small claims court is in the same court as all other litigation, it truly has its own policies and procedures.
Selling your home can be a daunting prospect. There are a number of risks involved as well as complicated and intimidating sales contracts. In this podcast with Courtney Kleshinski, find out what happens after you sign the home sale agreement and how an attorney can help you navigate the process.
Everyone’s estate planning needs are different, but everyone needs an estate plan. Estate planning does not only involve putting together a will which leave gifts to friends and family upon your death. An equally important component of completing an estate plan is creating powers of attorney that name individuals to make financial and medical decision on your behalf while you are alive but unable to act. A comprehensive and appropriate estate plan ensures that your wishes are followed during life and after death. This podcast with Estate Planning attorney Brian Warens of Lavelle Law will explain the importance of a well rounded estate plan and how to use one properly.
People often think about a divorce as dividing up the assets in a marriage. However, divorce is also about the allocation of marital debts, including mortgage loans, home equity loans, pension loans, credit card debts, and the like. This podcast with Kristina Regal of Lavelle Law, Ltd. explores the options for allocating debts in a divorce.
Mechanics liens can be a powerful tool for those performing services on a person’s home or a commercial building – what do you need to know about them? This Podcast with Lance Ziebell of Lavelle Law will explore mechanics liens and teach you all you need to know.
In recent years, it seems that the Illinois Department of Revenue has significantly increased its collection efforts against taxpayers. One way it has done this is by initiating more audits, which usually relate to income, sales, or employment taxes. Many times as a result of these examinations, IDOR will propose significant adjustments against taxpayers that may result in substantial tax liabilities. If the taxpayers are not able to come to an acceptable resolution with their auditors, their only choice may be to contest the auditors’ findings through an administrative hearing. Because these hearings involve complex legal procedures, it is imperative that taxpayers have adequate legal representation to protect and preserve their rights and to advocate on their behalves. This Podcast with Josh Nesser of Lavelle Law will explore IDOR Hearings and offer clarity on their purpose.
Maintenance in Illinois divorce is a complicated issue for the courts to decide. Many common questions include: What factors are used to assist the court in determining maintenance? Is maintenance set like child support is? The questions and more will be answered in this podcast with family law Attorney Jenét Pequeno. Tune in to learn what factors the court uses when it comes to determining maintenance in a divorce proceeding.
Boaters face punishment of a class A misdemeanor 364 days jail, $2,500 fines for operating a watercraft (boating) under the influence. Boaters have less protections than motorists in that they can be stopped without a reasonable and articulable suspicion of wrongdoing. Boaters can be stopped and boarded for license and safety checks without probable cause. How are Standardized Field Sobriety tests conducted? Will this impact your driver’s license? What about a statutory summary suspension? What effect will an out-of-state violation of this nature have in Illinois? These issues will be discussed in this podcast with criminal attorney, James Doerr of Lavelle Law, Ltd.
What if you are an employer and you shared confidential information, such as client lists with an employee and now the employee is contacting your clients and starting up a competitive business? What if a competitor named their business the same or similar name of your business? What if you find out that a lessee is absconding with your vehicles that you leased to them? In these situations, you need immediate relief, so what can you do? You can file a temporary restraining order and ask the Court to enter an order stopping that person from doing whatever it is that is harming you now until you can have a full hearing on the matter. A temporary restraining order (“TRO”) is an equitable remedy that is issued in exceptional and emergency situations when it is necessary to preserve the status quo until the court has an opportunity to rule on a motion for preliminary injunction. This podcast with Jennifer Burt of Lavelle Law will explore temporary restraining orders and how you can utilize them.
In the past several years – the use of social networking has exploded. While much of the technology provides incredible opportunities for businesses – there are also potential legal pitfalls for employers. Employers and employees need to be aware of the disadvantages of participating in social networking in the workplace. This podcast with Kelly Anderson of Lavelle Law, Ltd. will outline those disadvantages and offer insight to employers on what to expect.
One strategy to keep good employees long term is to offer them stock in your company. This must be done with care to avoid giving away control in the company, and to properly manage the tax result. This podcast with James D. Voigt of Lavelle Law, Ltd. will explore the options and procedures involved in launching a stock reward program for your employees.
Did you know the State of Illinois offers up to a 25% state income tax credit to businesses and individuals who make investments in qualified new business ventures? The Illinois Angel Investment Credit Program (“Program”) is designed to attract and encourage investment in early-stage, innovative companies. Listen to this podcast with Steven Migala of Lavelle Law, Ltd. to learn about the Program's details.
Planning a vacation without the kids? Finding a babysitter isn’t all you need to do. Make sure you’ve planned appropriately by appointing a Short Term Guardian. This podcast with Heather Walser of Lavelle Law, Ltd. will explore the various uses and advantages of establishing short term guardianship for your children.
There are many questions and considerations when evaluating and enforcing child support orders. This podcast with Amil Alkass of Lavelle Law, Ltd. will summarize how a parent can enforce child support orders and obligations when the non-payor parent is not paying child support.
HELOCs entered into before the real estate collapse may be coming due soon. This podcast with Tim Hughes of Lavelle Law will go over the advantages and disadvantages of filing chapter 13 bankruptcy when necessary.
This podcast with Heidi Schuster will explain the legal relationship with a prospective client, understanding their wants, needs, and goals, making a plan that helps them reach those goals through attorney’s assistance. If the attorney can fully understand the client’s concerns and goals, the attorney can help create a strategy to meet those needs. Often times, it’s smart to start with an outline of procedures they can expect, and ask them if they have questions or concerns about it. Utilizing attorneys at lower rates, as well as legal assistants can help bring down costs, without losing the quality of service and expertise that most clients are expecting and looking for. Before ruling out that a lawyer is too expensive, set up a free consult, and give yourself an opportunity to understand the process, and communicate with a lawyer about your goals, and discuss various ways of being able to reach those at a lower rate.
Buying your first home can be a daunting prospect. In this podcast with Courtney Kleshinski, find out what happens after you sign the home purchase agreement and how an attorney can help you navigate the process.
Probate may be necessary even if you a will, trust, or powers of attorney. The titling of your assets, the types of estate planning documents you have executed, and whether you have a large number of known or unknown creditors are all factors in whether probate should be opened. In some cases, probate courts may even be involved in medical and financial decisions made on your behalf while you are living.
Every year, the IRS releases its “dirty dozen” – a list of twelve tax scams that are currently most dangerous to taxpayer that taxpayers should be sure to avoid. In this podcast with Joshua Nesser, we will discuss the dirty dozen and red flags that taxpayers should be wary of.
What can employers do to protect themselves from discrimination claims? How should an employer respond to a charge of discrimination? This Podcast with Lance C. Ziebell will investigate the employers perspective in an employment discrimination claim.
Attorney Pequeno will look at how couples have turned around from finalizing their divorce decrees and what efforts of reconciliation entails and how the Court system is willing to accommodate people who are giving reconciliation a chance. Not every divorce that is filed actually ends in divorce.
Some businesses loan or lease goods or equipment to another individual or entity. But, what happens when the person will not return your goods or make payments pursuant to the loan or lease? There is a statutory remedy in Illinois called replevin which will aid you in seeking return of your goods. This podcast with Jennifer Burt will describe how you can you use the court system in order to have your goods or equipment returned to you.
When a couple divorces, there are many different accounts and assets that must be discussed. This podcast with Partner Amil Alkass will address how marital retirement accounts (401(k), pensions, IRAs) are divided in a divorce proceeding.
Everyone knows that non-custodial parents have to pay child support. But what other expenses must be paid? This podcast with Kristina Regal will explore whether expenses such as sports team costs, day care, medical insurance and private school tuition should be paid in addition to child support.
This podcast with Jenet Pequeno will discuss what you need to know regarding common child support issues.
You can achieve a number of estate planning and tax benefits by creating certain types of irrevocable trusts. Listen to this podcast with Heather G. Walser of Lavelle Law, Ltd. to find out how these trusts differ from revocable (or "Living") trusts, and how you might be able to benefit from them.
Reverse stock splits can be used to eliminate minority shareholders. A reverse stock split is the opposite of the conventional stock split -- rather than the corporation’s charter being amended to authorize additional shares of stock, the charter is amended to substantially decrease the number of authorized and issued shares. They permit direct and relatively inexpensive elimination of minority shareholders in public or closely-held corporations. Learn more about the elimination of minority shareholders in this Podcast with Steven Migala of Lavelle Law, Ltd.
Some taxes are dischargeable in bankruptcy despite the urban myth that they are not. Listen to this Podcast with Bankruptcy attorney Timothy Hughes for the truth about dischargeable taxes.
For federal employment tax purposes, workers are classified as either employees or independent contractors. Many business owners either mistakenly or purposely, for purposes of tax savings, mistreat their employees as independent contractors. In such a case, there is danger that the IRS will conduct an employment tax audit and retroactively change this classification. This could result in substantial employment tax liabilities for the company and its owners. Through the Voluntary Worker Classification Settlement Program, businesses meeting certain requirements can voluntarily admit that they have misclassified their workers, in which case their potential exposure is greatly reduced. This Podcast with Joshua Nesser will explore the Voluntary Worker Classification Settlement Program.
No one is immune from aging, loss of mental capacity, or unanticipated health crises. Giving someone a power of attorney now – allows that person to manage your affairs if you are unable to do so. Further, in some situations, it can be used when someone is out of the country or simply unavailable to sign documents. It’s something everyone can benefit from. Young and old. Learn more about the benefits of having a power of attorney in this podcast with Kelly Anderson.
Getting Succession Right: The legal and operational best practices to ensure that your company survives you
James Voigt of Lavelle Law is joined by Mary Erlain of Peak Development Strategies. Mary is an author of books on business alliances and networking and helps clients in business succession strategies.
For business owners seeking to ensure the success of their company after they are ready to retire, getting succession right is critical. Legal considerations ensure that control passes safely, and operational considerations ensure the business survives the process. Learn about both from Jim Voigt, small business attorney, and author Mary Erlain.
This Podcast with Lance Ziebell of Lavelle Law will explore the ins and outs of employment discrimination cases. There are a lot of concerns involved in filing or responding to employment discrimination cases: what constitutes employment discrimination and what are the initial hurdles to having a claim? Where do I start a claim? How do I respond to a claim filed against my business? Whether your business has fallen victim to a discrimination claim or you are curious about the steps required to file a claim, the attorneys at Lavelle Law can answer your questions.
Interested in learning more about the new Medical Marijuana Law in Illinois? Cameron Monti, a Partner at Lavelle Law, Ltd. has authored a new book detailing the aspects of the new Compassionate Use of Medical Cannabis Pilot Program in Illinois. Available on Amazon, “Illinois Medical Marijuana Law FAQ Handbook” lays out the details of the new law and explains how it will impact various constituencies including employers, attorneys, landlords, patients, and those who will be operating businesses related to the cultivation and distribution of cannabis for medical purposes.
This Podcast with Cameron Monti will detail the commonly asked questions associated with the new legislation. Be sure to tune in!
Every health care provider has to comply with the Health Insurance Portability and Accountability Act, otherwise known as HIPAA. A provider must ensure that it and its employees take steps to protect the confidentiality of patient information. That obligation now extends to providers vendors and or contractors. This Podcast with Josh Nesser of Lavelle Law, Ltd. will explore HIPAA and the steps that should be taken to protect your home health company.
This podcast with James Doerr of Lavelle Law, Ltd. will explore a detailed explanation of the three NHTSA approved Standardized Field Sobriety Tests.
The Illinois Public Accounting Act states that certain information given to accountant shall be privileged and the accountant will not be required to divulge that information in response to a subpoena or other lawful process. However, much of the information that is provided to your accountant is not confidential; meaning that the accountant will be required to respond with certain information you provided to the accountant in response to a subpoena or other lawful documents requesting the information. This Podcast with Jennifer Burt of Lavelle Law, Ltd. will explore Accountant's Privilege and how it is used.
This podcast with Amil Alkass will touch on the issue of child support and the calculation of child support for a primarily-cash earning individual payor/obligor.
People often think about being involved in litigation as a plaintiff or a defendant. But many times people are involved in the ligation process who are not an actual party to the case. Witnesses, deponents and expert often are called to testify at a trial without being a part of the case. But do they need attorneys when they testify? We will review why it’s a good idea to be represented by an attorney and the problems that may arise when testimony is given before the court.
Sometimes, parents put children in the middle of a divorce to the detriment of the children. This podcast will discuss what to do if you have court ordered visitation that is being denied, when court action may be necessary and what you need to know if you are being denied your court granted visitation with your children.
Do your loved ones know what your wishes are in regards to your final resting place? This is a common oversight among many, and can cause a lot of undue hardship on your loved ones when making final arrangement. This Podcast with Heather G. Walser will explore the ways you can be sure that your wishes for your final resting place are carried out.
It seems that more and more, you are seeing people opt to rent as oppose to own homes. What happens if you have tenants who are causing problems for you as landlord? In this podcast we will discuss landlord rights when they are facing a problematic tenant.
A series LLC is a type of LLC that creates separate compartments or cells (a “series”) for partitioning and owning separate assets and associated liabilities under one LLC. This entity has been authorized in Illinois since 2005 but remains little understood. This podcast will shed some light on the uses and functioning of a series LLC.
One of the mechanisms used by the IRS to encourage compliance and to punish non-compliance is the assessment of various types of penalties against taxpayers. If unresolved, these penalties can result in taxpayers owing the IRS significant amounts of money. In some cases, rather than paying the penalties, taxpayers may be able to have the penalties abated, resulting in substantial savings. In this podcast, we will discuss the types of penalties assessed by the IRS and the circumstances under which the IRS may abate those penalties.
Ownership to property passes as soon as a deed has been delivered to and accepted by a buyer. However, it will only pass if you are getting the right kind of deed, signed by the correct party, and it effectively puts all on notice that you are now the owner.
The Affordable Care Act is ushering in a new era of health care delivery. Everyone will be affected, and therefore, it is important that all understand how the program will work, and how you can comply. The act will expand Medicaid, create health insurance exchanges, provide deductions and or tax credits, and mandate that everyone obtains health insurance. Now is the time to plan for the upcoming changes.
Employee handbooks set forth the policies and procedures of an employer… however, they serve a more important purpose in that they also may help to defend employers in unemployment and other governmental actions. Learn how during this informative podcast.
This podcast will cover some basic features of the newly enacted provisions concerning TVDL’s and the implementation of the new law by the Secretary of State’s Office. The podcast will focus on eligibility requirements and the essential how-to’s of the program. This podcast will be of interest to any immigrant or concerned party such as family, schools and employers.
Family law custody disputes can lead to some very extreme actions taken by some parents. One all too common issue is when one parent leaves the state with the children. This harrowing experience can leave the parent who remains in the state with the feeling of despair and desperation. It can lead to the very real fear of possibly not seeing your child again. There are different ways that the parent may choose to leave the state. Seasoned litigator, Jenét Pequeño, will discuss various tactics that are used to take children to other states. He will also discuss what arguments can be made for the courts to accept such a drastic measure. Attorney Pequeno will discuss the options for a parent who finds themselves in this situation and the complications that such a situation poses.
Guardians ad litem and children’s attorneys in divorce litigation: how they work and how you can use them to help your custody case When divorcing parents can’t agree on matters such as custody and visitation, the court will appoint an attorney to represent the interests of the children. These attorneys speak to the children, their teachers, relatives and parents to help to determine what living arrangement would be best for the children. This podcast discusses important ways of dealing with an attorney for children in a divorce.
A person who creates a will should try to make accommodations to ensure that the will is not subject to a will contest in probate court after their death. Often times, a will contest may deplete much of the estate and leave little money for your relatives. There are various ways to contest a will. Today, we are talking about lack of testamentary capacity.
Have you recently received a summons for jury duty in Illinois? If you haven’t, it’s probably only a matter of time before you do. Listen in to find out your responsibilities – and your rights – when you’re served with a summons for jury duty.
This podcast will explore the process in contesting your property taxes with the County in an effort to lower your tax bill.
Illinois has enacted certain amendments to Article 9 of its Uniform Commercial Code, 810 ILCS 5/9-101 et seq. (“UCC”), governing how personal property and fixtures act as collateral for loans. They became effective July 1, 2013. This podcast discusses those amendments and their impact on loan documentation and administration.
For most people, a home is the single largest financial investment they will ever make. And while ownership may seem like a simple, uncomplicated thing – property rights can sometimes get all muddied up. There are numerous ways your title to and ownership of property can be put at risk. Title insurance is the thing that exists to ensure that your ownership is NOT put at risk.
One of the most important rights available to taxpayers with past-due tax liabilities is the right to request a hearing within the IRS (called a collection due process, or CDP, hearing) to prevent collection action and to propose alternative methods of resolution. To protect their interests, it is important that taxpayers understand how and when to request these hearings. They also must understand what rights they have to request CDP hearings, how the CDP hearing process works, and what their options are at the conclusion of a CDP hearing.
The technical steps of starting your new business are done. What else is on the to-do list to get your business running properly, efficiently, and in compliance? This Podcast with small business attorney, James D. Voigt, and Elizabeth Londo from Just In Time Direction, LLC, will explore the common questions asked when entrepreneurs start a new business.
While employers have to pay their employees overtime in most situations, there are certain classes of employees whom may not be entitled to overtime. Who are these employees and what do I need to know about them?
The Affordable Care Act is ushering in a new era of health care delivery. Everyone will be affected, and therefore, it is important that all understand how the program will work, and how you can comply. The act will expand Medicaid, create health insurance exchanges, provide deductions and or tax credits, and mandate that everyone obtains health insurance. Now is the time to plan for the upcoming changes.
After obtaining a judgment, there are various avenues that a creditor can use to collect the judgment in court. Often times, creditors will issue Citations to Discover Assets against the debtor, the debtor’s employer or the debtor’s bank. Each type of Citation to Discover Assets can be used in different ways.
Learn more about breath testing in a DUI and how being charged with a DUI will affect your life.
This podcast will discuss the process of changing your name as an adult and the process, and limitations, of which these procedures are conducted.
When a husband or wife finds out about a cheating spouse, divorce is an obvious next step. But many people want to know: can I sue the other woman (or man)? We will discuss the cause of action known as “alienation of affection,” in which a person can sue a spouse’s lover for ruining a marriage.
Orders of Protection in Illinois Family Actions can provide extraordinary remedies and also some extraordinary hardships. What is the definition of violence in Illinois. For the person seeking the Order of Protection, it can remove the person from the home who is the source of the violent behavior. Most of the time when these cases are contested, it is a he said/she said battle of circumstantial evidence. Whose story makes the most sense? Veteran matrimonial Attorney Jenet G. Pequeno will discuss what sources of evidence judges use and what the consequences are once an Order of Protection has been issued. He will also discuss some common pitfalls for individuals who have this against them.
From the desk of Heather G. Walser: I’ve spoken in prior podcasts about the importance of having a thorough estate plan and the terrible things that can happen – to your family, your assets, and even to you – if you don’t. This week, we’ll take an in-depth look at the anatomy of a good estate plan, exploring the specific legal instruments that make up a comprehensive plan, and how each instrument functions within the bigger picture of the management and distribution of your estate.
Revocable living trusts (RLTs) are not just for those with estates potentially subject to federal and state transfer taxes. Rather, there are many non-tax uses for RLTs that can benefit most anyone. This podcast will explore some of them.
Individuals whose income consists solely of wages from employment generally will have sufficient income tax withholding every year to pay all or most of their federal and state income tax liabilities by the time their tax returns are filed. However, the system of paying income taxes is not as simple for individuals who earn significant income from other sources, such as self-employed individuals. Because taxes generally are not withheld from other types of income, the IRS requires these individuals make payments throughout the year based on an estimate of the tax they will owe, so that when their returns are filed, they do not have large balances to pay. It is important that taxpayers understand and comply with these estimated tax requirements, or else they will face substantial penalties.
If you are buying a home using a mortgage, refinancing, or selling your home to anyone other than an all-cash buyer, the home appraisal is a key component of the transaction. Whether you're a buyer or seller, it helps to understand how the appraisal process works and how an appraiser determines a home's value.
April 15th tax filing deadline is upon us, this podcast will help taxpayers who may not have the funds to full pay their taxes on time.
Eventually small business shareholders will need to be bought out. The key question is the price to be paid when that time comes. Learn about the various options, and the pros and cons of each.
While administrative and judicial proceedings have some similarities, the differences between the two are important to recognize as they may affect the outcome of your case.
Operators of businesses go to great lengths to protect their inventory, equipment and other physical assets. However, many overlook a very important asset, leaving it vulnerable to theft. A failure to protect this asset could cost the business much in profits. The asset I am talking about is trademarks. A trademark is any name, phrase, design or color that is used to identify the source of goods or services. Owners of a trademark should take certain steps in order to maximize the value of their trademarks and to protect them from infringement.
Retail theft is a serious crime in Illinois and the law imposes harsh penalties on anyone who is caught stealing from any stores. The statute in Illinois governing the criminal offense of retail theft is 720 ILCS 5/16-25. Anyone who is charged with retail theft for the first time is likely to be surprised at how easily this offense becomes a felony. Shoplifting is widespread in retail establishments particularly because the theft can occur in many different ways.
The charging order described in the Illinois Limited Liability Company Act (“Act”) is the exclusive remedy by which a judgment creditor of a member may satisfy a judgment out of the member’s interest in the LLC. This podcast will explain how a creditor may proceed under the Act to satisfy its judgment against the membership interest of a judgment debtor.
Have you ever considered doing your own estate plan? You may think to yourself, "I know where I want all my assets to go, how hard can it be?" While it may be tempting, and cheaper in the short run than working with an attorney, often with do-it-yourself estate planning kits or software, the old adage is true -- you really do "get what you pay for." Don't let a pre-packaged will kit jeopardize the life you've worked so hard to build for yourself, your business, or your loved ones.
This podcast will discuss how an individual’s income may prevent them from filing chapter 7 and “force” them to file a chapter 13.
This podcast will explore the use of mediation in a divorce proceeding and will also discuss the “pros” and “cons” in using mediation.
When home owners haven’t made their mortgage payments, they sometimes think that having their home fall into a foreclosure means they will soon be evicted from their residence. That’s not the case. Foreclosure cases can drag on for a year or more, all while the defendant still resides in his home. This podcast will discuss strategies for foreclosure litigation and the length of time a defendant can reside in a home that is subject to foreclosure.
Married taxpayers often choose to file a joint tax return because of certain benefits and the convenience of doing. When a joint return is filed, both taxpayers are jointly and severally liable for the tax and any additions to it that may arise, such as interest or penalties. This is the case even if one of the spouses earned all of the income and/or was responsible for taxes going unreported or unpaid, and even if the couple later divorces. However, in certain cases, “innocent spouses,” who were not responsible for any wrongdoing, may be entitled to relief from liability for their current or former spouse’s unpaid taxes. In this podcast, we will discuss the circumstances in which an individual may be eligible for innocent spouse relief.
“Pre-approvals” don’t mean anything, when it boils down to it. The golden ticket to getting a mortgage loan right now – is something called an “unconditional commitment.” It doesn’t matter that your lender tells you that you are pre-approved. All that really means is that your mortgage broker is going to do their best to get you a loan. It doesn’t guarantee anything. Instead – what you’re waiting to hear, after a long and frustrating, paper-littered process, is that you have an unconditional commitment or “clear to close” from your lender. Then, as a buyer, you can breathe a sigh of relief.
De-bunking the Delaware Myth: why Delaware or other foreign jurisdictions may NOT be the right choice for your business UPFRONT KEY POINT: This analysis applies to small closely held companies only. Not large corporations.
How should employers respond to unemployment compensation claims? This podcast will walk employers, and employees, through the Illinois Department of Employment Security’s unemployment claim procedure.
Purchasing a business presents many difficult issues. But foremost among them is whether or not the business that you are about to acquire is worth the price negotiated. Like checking under the hood when purchasing a car, a buyer of any business must undertake due diligence upon any business.
The Illinois Domestic Violence Act ("IDVA") Is a law that relates specifically to family and house-hold members. Under IDVA, a circuit court judge can order and forbid a family or household member from continuous abusive behavior by granting an Order of Protection. An order of protection is a court order which restricts an abuser and only is available to family or household members.
Whether custody has been awarded through a divorce or paternity case, this podcast will address the basics of seeking a change of a custody arrangement.
If you or a loved one have been diagnosed with Alzheimer’s Disease, dementia, or another illness that will ultimately affect mental capacity, you are sure to face many challenges. While navigating a staggering array of medical treatment options and decisions will likely be your primary focus in the wake of diagnosis, it is also critical to consider the legal and financial implications of the disease. If you or your family are facing a diagnosis of Alzheimer’s or another similar disease, don’t miss this opportunity to learn the legal steps you should take to protect yourself or your loved ones from the potentially devastating consequences of diminishing mental capacity.
Some taxes can be discharged in a bankruptcy. That tax debt that you find insurmountable to pay off maybe able to be discharged in a bankruptcy.
Medicare continues to reduce reimbursements to home health care companies. Moreover Medicare also slows down the pace of reimbursements due to Additional Document Requests. Simply put, there is more and more pressure on home health care companies to have access to cash flow. Without it, home health care companies fall behind on their day to day payables that could jeopardize their entire operation. Finding a lender who can factor Medicare receivables is a potential solution.
Jim Voigt and Cameron Monti will be discussing common scams that target business owners and their companies.