Most people who live in Illinois and have access to radio, TV, the Internet or newspapers know that the law banning handheld electronic devices while driving goes into effect January 1, 2014. Of course, ignorance of the law is no excuse, Rip van Winkles and cave dwellers included. “But officer, I didn’t know” will not get you a free…
Details
Legal Q & A: Estate planning “My mother made me her agent on her health care power of attorney. Now my brother is showing me a power of attorney making him the agent. Is that legal?” It all depends on whether your mother, by her choice, executed a new power of attorney (POA) making…
Details
I am often asked what a person should do with the original Will once it is signed. There is no right or wrong answer, but doing some things are better than others. The options should be considered in light of the family and personal dynamics and particular circumstances. To begin with, I do not usually recommend that…
Details
A case recently decided in the First District Appellate Court in Illinois (Cook County) will have a big impact on employers and employees who impose or are subject to restrictive covenants (non-solicitation and con-competition) clauses. Restrictive covenants in employment are disfavored in the law, but they will traditionally be enforced if they are reasonable in…
Details
“Avoiding probate” is a buzz word that is often stated and sometimes confused. The probate process is often misunderstood, even by people who are sure it should be avoided. Wills do not “avoid probate”, and probate does not subject an estate to taxation, though both concepts are often believed to be true. So, what is…
Details
Employers and employees, alike, often misunderstand the requirements of the Americans with Disabilities Act and Family Medical Leave Act. Some employees believe that employers must accommodate just about anything, and some employers fear that is true. Two recent decisions from the Seventh Circuit Court of Appeals, which covers the state of Illinois, provide some clarity.…
Details
Times have changed considerably from 30 or 40 years ago. Liquor laws continue to become tougher as lawmakers attempt to stem the tide of liquor-related deaths and injuries. Taking effect January 1, 2013, the State Liquor Control Act prohibits any person from knowingly authorizing or allowing underage posession or consumption of alcohol at home. Anyone thinking…
Details
One of the frustrations being a business owner is the failure of clients and customers to pay you for your services or the goods you sell. All types of businesses face this problem, including contractors, suppliers, medical providers, landlords and even attorneys. The failure of clients and customers to pay not only affects your cash-flow,…
DetailsThe Uniform Commercial Code (UCC) forms have changed for perfecting UCC liens. If you make UCC filings in Illinois, be sure you are using the new forms required as of July 1, 2013. The following notice is posted on the Secretary of State’s Business Services website: Effective July 1, 2013, Public Act 97-1034 amends the…
Details
A case decided in March of 2012, is a complicated, though fascinating, study in corporate law. Shredding away the layers, it exposes a lesson to be learned for anyone who has incorporated a business, a risk that threatens small corporations much greater than large ones. A primary reason people use the corporate form of business…
Details