» Publications
Murder Most Foul . . . Visiting the “Slayer Statute” in Illinois
November 8th, 2014
Contributor: William J. Cotter
This article visits three cases with a common denominator: murder. We all have an intuitive and visceral understanding that if you kill someone from whom you may inherit, you ought not inherit (the “unworthy heir” concept). This common sense noti…
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Piercing The Corporate Veil
November 1st, 2014
Contributor: William J. Cotter
When clients contact us about forming a new business entity – a new corporation, for example — a common theme is their desire to “limit their liability.” They nod knowingly, confident in the Kevlar protection their shiny new corporation w…
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A Wisconsin Couple . . . An Individual Retirement Account . . . A Bankruptcy Trustee . . . A Supreme Court Decision
September 18th, 2014
Contributor: William J. Cotter
The Supreme Court decision in Clark v. Rameker has been in the can for a few months now, and folks have been clamoring for us to parse it. Well, OK, clamor is a tad strong, but here we go: The Backstory: Everyone knows that the U.S. Bankruptcy Code p…
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Non-Competes . . . Redux
June 1st, 2014
Contributor: William J. Cotter
For those who have an interest in the evolving legal landscape against which restrictive covenants play out (and surely there must be a couple of you), Illinois continues to be an active stage. Recently two federal courts in the Northern District of…
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Using Arrest and Conviction Records When Making Employment Decisions
March 15th, 2013
Contributor: Brian M. Dougherty
Employers who use criminal background investigations to screen applicants for arrest and/or convictions need to be careful. Even if no formal investigation of criminal background is conducted, screening applicants’ backgrounds creates legal iss…
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Estate Planning - Quick Hits
November 1st, 2012
Contributor: William J. Cotter
This articles spotlights three recent developments in the estate planning arena that we think you’ll not only find of interesting, but might also make you consider whether there are some planning changes you need to consider. 1. Changing the Unchan…
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A "Green" Lease? Some Things To Consider For Multi-Tenant Commercial Buildings.
October 1st, 2012
Contributor: William M. Brennan
Everyone supports a clean environment and conservation of resources, don’t they? Well, if you ask a landlord or tenant in a multi-tenant, commercial building, the answer may likely be, “it depends.” For the past several years, there has…
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New Standards in Drafting and Enforcing Covenants Not to Compete Under Illinois Law
June 1st, 2012
Contributor: Richard J. Nogal
Our firm’s clients regularly ask for advice regarding the enforceability of covenants not to compete. Unlike most contracts, restrictive covenants are not automatically enforced by the courts since they constitute a restraint of trade. Contract…
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Your Landlord Is In Foreclosure-As A Tenant, Should You Be Worried?
July 1st, 2011
Contributor: James D. Healy
Several years ago during the bustling real estate market you found the perfect space to lease in a brand new building or shopping center. You spent time negotiating the basic terms of the lease, such as the lease term, Base Rent, CAM (and its compone…
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New Federal Estate and Gift Laws Present New Estate Planning Opportunities
February 1st, 2011
As we ring in the New Year, we also ring in new estate and gift tax laws. As many of you have heard, on December 17, 2011, President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (“201…
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