Chicago's 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, it often 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 Information 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.

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 will dig 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 will discuss 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 provide 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.