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When Laws Collide

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One of the central purposes for all good governments is to pass laws for the protection of that government’s citizens. Illinois has a number of statutes on the books that are designed to do just that. One of the oldest laws in our state is the Mechanics’ Lien Act (MLA). The MLA is designed to… Read more »

Window Closing On Discounted Family Gifts

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Making gifts of partial interests in family-controlled business entities in order to reduce transfer taxes is likely to become much more challenging in 2017. Using family-owned limited partnerships and limited liability companies to make children partners has been an effective way to transfer wealth out of a parent’s generation at a discounted value for transfer… Read more »

Can I Recover My Attorneys Fees? Maybe. It Depends.

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When I first meet with a client on a new litigation matter, one of their first questions is how much is this going to cost. The second question is “whether the party will be responsible to pay my attorneys fees”. My answer to that question is always “It depends.” These are legitimate questions. We all… Read more »

Margherita Albarello Publishes in ISBA

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Margherita Albarello has recently published an article called “Assistance and Service Animals In the Housing Context” The article is featured in the May, 2016 Animal Law Section of the Illinois State Bar Association. https://www.isba.org/sections/animallaw/newsletter/2016/05/assistanceandserviceanimalsinthehou

Fraudulent Transfers: A lesson in persistence and asset recovery

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Litigation is like a maze; there are twists, turns and uncertainties. To successfully navigate the maze of litigation you need to utilize many different skill sets and resources: preparedness, collaboration and organization are major components of any successful litigation. But in some matters, persistence is the litigator’s chief asset. This was so in our recent… Read more »

Updating Your Estate Plan

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Many people are inclined to forget about their estate plans once they’ve signed the documents and filed them away. However, once you have an estate plan in place, it’s important to keep it up to date. You should review your estate plan every few years and any time there is a major event in your… Read more »

401(K) Fiduciary Compliance Review

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Recently I had a breakfast meeting with a friend and in the course of the meeting he brought up the fact that there is personal liability in the event that a retirement plan administrator, or plan trustee, does not comply with certain standards. This conversation caught my attention because I believe that most plan administrators… Read more »

Business Divorce – What Is It and How Do I Get One?

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All businesses have owners. Without owners, a business would not exist. The owner starts the business. The owner has success. The owner makes mistakes. The mistakes cost money. The owner learns from her mistakes. So long as a single business owner remains single, she can make any business decision she wants without consulting anyone. She,… Read more »

Pay If Paid Clause – Alive and Well

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In the first issue of this newsletter, April 2010, I wrote about subcontractor contracts and provisions that you need to be concerned about. One of those is the pay when paid provision. Most general contractor form contracts have such a provision and under Illinois law it is enforceable. In essence this provision shifts the risk… Read more »