Great News for Employers
[vc_row][vc_column width=”5/6″][vc_column_text]Federal law requires employers to pay employees time-and-a-half once they work more than 40 hours in a week. Employers do not have to pay an employee from overtime payments if the employee’s duties are classified as managerial in nature, and the employee is at a certain salary threshold. In 2016, the Obama administration raised […]
In Observance of Law Day, We Reflect on 150 Years of the 14th Amendment
[vc_row][vc_column width=”5/6″][vc_column_text]Every year since 1958, the United States has proclaimed May 1 Law Day, an annual opportunity to reflect on the importance of the rule of law in our daily lives. This year, as we close in on the 150th anniversary of the ratification of the 14th Amendment, the American Bar Association has chosen as […]
Tips For Buying and Selling a Home
[vc_row][vc_column width=”5/6″][vc_column_text]Buying or selling a home is the one of the largest transactions that the average American will undertake. In the Rock River Valley, it is often possible, though not recommended, to conduct a home transaction without the assistance of legal counsel. Real Estate lawyers can add value even in a transaction that seems simple […]
Planning for Legal Incapacity After an Alzheimer’s Diagnosis
[vc_row][vc_column width=”5/6″][vc_column_text]Unlike most cancers or AIDS, which are mainly physical afflictions, the symptoms and effects of Alzheimer’s disease strike at the heart of who we are as a person and have profound effects on our abilities to enter into legally valid arrangements. Given the effects of Alzheimer’s, great emphasis should be placed on the dignity […]
A Brief Primer on Rule 191(b) Affidavits
[vc_row][vc_column width=”5/6″][vc_column_text]The following article was featured in the July 2016, vol. 61, no. 1 issue of Trial Briefs, the newsletter of the ISBA’s Section on Civil Practice & Procedure. When an attorney is faced with the challenge of responding to a 2-619 motion to dismiss or motion for summary judgment, he or she may want […]
Insufficient Documentation Can Lead to Denial of Charitable Gift Income Tax Deduction
[vc_row][vc_column width=”5/6″][vc_column_text]A recent opinion issued by the United States Tax Court, James J. Isaacs v. Commissioner, TC Memo 2015-121, reminds both donors and charities to pay attention to the Internal Revenue Code and regulatory requirements for donors to enjoy a charitable deduction for donations over $250 in value. In this case, Dr. James Isaacs, a […]
The New Rules of Federal Procedure – They’re Here
[vc_row][vc_column width=”5/6″][vc_column_text]Effective December 1, 2015, the Federal Rules of Civil Procedure were amended. Most commentators have suggested that these amendments contain the most significant alterations to the discovery rules in more than two decades. The new rules will “govern in all proceedings in civil cases hereafter commenced and, insofar as practical, all proceedings then pending.” […]
Millennials: Planning for the Worst, While Expecting the Best
[vc_row][vc_column width=”5/6″][vc_column_text]Every year at the holidays, families gather around the table for re-connecting and renewing familial bonds. It isn’t long before Grandma wants to know why her grandson, Kevin, hasn’t “settled down” with that nice gal that he’s been seeing for close to two years now, and recounting the story of how she met Grandpa […]
Let the Builder Beware: Are Your Architectural Plans Safe?
[vc_row][vc_column width=”5/6″][vc_column_text]Over the last decade, several companies holding copyrights on home plans have changed the legal landscape for home builders across the United States. Starting about 10 years ago, these companies have been bringing lawsuits against home builders and their principals / owners for copyright infringement in federal courts across the country. These lawsuits typically […]
Illinois Now Allows Real Estate Owners to Bond Over Mechanic’s Lien Claims
[vc_row][vc_column width=”5/6″][vc_column_text]Effective January 1, 2016, Illinois has enacted a significant change in how mechanic’s lien claims may be litigated. Currently, mechanic’s lien litigation can tie up title to real estate for months, or even years, while the various rights of multiple lien claimants, lenders, and owners of real estate are resolved by the courts. Beginning […]
Admit it, Rule 216 is Confusing
[vc_row][vc_column width=”5/6″][vc_column_text]The case law interpreting Rule 216 is always evolving, with most of the emphasis on the issue that terrifies litigators, which is blowing the 28-day deadline to answer, and thereby having requests deemed admitted. A second hot topic is the extent to which requests to admit are discovery. Although the Illinois Supreme Court has […]
Illinois Credit Agreements Act
[vc_row][vc_column width=”5/6″][vc_column_text]The process for negotiating a loan can often lead to disagreements between a borrower and a lender as to whether a loan commitment was made, or what the terms of the loan are. In Illinois, the Credit Agreements Act attempts to provide some certainty for parties in the loan negotiation process. The Credit Agreements […]
How to Obtain a Default Judgment in the Western Division of the United States District Court for the Northern District of Illinois
[vc_row][vc_column width=”5/6″][vc_column_text]Magistrate Judge Johnston has instituted a whole new regime for default judgments. Judge Johnston’s requirements are more burdensome than those previously employed by Magistrate Judge Mahoney. Plaintiff’s counsel should be aware of these new requirements, and scrupulously follow Judge Johnston’s Standing Order. If you don’t follow the Standing Order, your default judgment will be […]
S-Corporation Tax Status: Benefits with a Burden
[vc_row][vc_column width=”5/6″][vc_column_text]S Corporation elections can be extremely beneficial to entrepreneurs. Although, like many business decisions that potentially benefit a corporation, S Corporation elections come with their share of compliance burdens and restrictions on corporate entities. The election to be governed under Subchapter “S” of the Internal Revenue Code (IRC) is made by filing a Form […]
New Illinois Law Restricts Inquiry Into A Job Applicant’s Criminal History
[vc_row][vc_column width=”5/6″][vc_column_text]Adding to the long list of questions Illinois employers cannot ask job applicants, Illinois passed what is often called a “Ban the Box” law which goes into effect January 1, 2015. The actual law is called the “Job Opportunities for Qualified Applicants Act.” In a nutshell, the Act prohibits employers from considering or even […]
Whose Idea Is It Anyway? Protecting Start-Up IP
[vc_row][vc_column width=”5/6″][vc_column_text]Starting a new business is a tricky path dotted with hidden pitfalls. Starting a new business based on intellectual property is even trickier. Without the right IP protections, a start-up business can find itself without ownership of the very assets necessary to create value for the business. Many start-up businesses operate by the cash […]
Finding Capital in the Crowd
[vc_row][vc_column width=”5/6″][vc_column_text]In today’s world, technology often innovates faster than lawmakers can legislate. Fast internet speeds, increased mobile internet access, and the popularity of crowd-connectivity websites have created new opportunities for entrepreneurs to raise funds and capital for their business ventures via crowdfunding. Crowdfunding is the use of a website or other online platform to raise […]
What You Need to Know About The Firearm Concealed Carry Act
[vc_row][vc_column width=”5/6″][vc_column_text]On July 9, 2013, the Illinois Legislature overrode the Governor’s veto to enact the Firearm Concealed Carry Act (“the Act”), which went into immediate effect. The Illinois State Police was then given a period of 180 days before concealed carry license applications were to be made available. The Illinois State Police issued the first […]
Illinois Appellate Court Upholds Stance on Exclusive “Termination By Mutual Agreement” Provision as Against Public Policy
[vc_row][vc_column width=”5/6″][vc_column_text]Anyone who has ever read a contract has likely encountered a provision stating something to the effect of “this Agreement may be terminated upon mutual agreement of the parties.” Businesses often find this provision in merger transactions, asset purchase agreements or in confidentiality agreements. In every-day life, consumers encounter them in contracts for the […]
USA v. Have Faith in Money: How Lien Holders Can Protect Their Interests in Property that is Subject to a Federal Civil Forfeiture Action
[vc_row][vc_column width=”5/6″][vc_column_text]The former comptroller of the city of Dixon, Illinois, Rita A. Crundwell, was sentenced to 19 years and seven months in federal prison for stealing $53.7 million from the city over two decades. According to the FBI, it is believed to be the largest theft of public funds in Illinois history. Crundwell used the […]
How To Avoid Identity Theft and What To Do If Your Identity Is Stolen
[vc_row][vc_column width=”5/6″][vc_column_text]Imagine learning that your identity was stolen and used to rack up $100,000 of credit card debt. Then imagine that the crook went further by purchasing homes, motorcycles, and handguns, before filing for bankruptcy— all in your name. This nightmare scenario is actually a real-life example of one person’s experience as the victim of […]
The New Illinois Right-to-Sue Law for Employment Discrimination
[vc_row][vc_column width=”5/6″][vc_row_inner][vc_column_inner][vc_custom_heading text=”By Stephen E. Balogh, Randall D. Schmidt and Lindsey Marcus” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_custom_heading text=”Illinois Bar Journal, January 2008, Vol. 96″ font_container=”tag:h5|text_align:left” use_theme_fonts=”yes”][vc_column_text]The Illinois Human Rights Act now provides for a right to a jury in the Illinois circuit court in employment discrimination cases. But with that new power comes a new set of tactical […]
