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Illinois Trust Code Changes in 2020

As of January 1, 2020, numerous changes to the law regarding trusts took effect in Illinois. Herein, we are focusing on the one change we think clients should be most concerned about: A trustee’s duty to inform trust beneficiaries of the existence of the trust and providing them with financial records regarding the trust.

Smart Asset Protection Strategies for Business Owners

Chances are, you know someone who has been sued. Maybe that someone is you. The fact is, your enviable position as a successful business owner comes with a major downside: You are a potential target for lawsuits (some of which may be frivolous and unfounded) and other attacks that can wreak havoc on your…

Over My Dead Body: The Role of the Illinois Disposition of Remains Act in Disputes Over a Decedent’s Remains

Disputes often arise among family members when a loved one dies, including the disposition of remains.  These disputes are time sensitive. Death certificates must be timely filed and accurately reflect the method of disposition. Failure to do so could result in regulatory problems for involved parties. The Illinois Disposition of Remains Act, 755 ILCS…

Voluntary Dismissal of Mortgage Foreclosure Case May Preclude Subsequent Action on Promissory Note

Under Illinois law, a plaintiff who voluntarily dismisses its claim may refile that same claim within one year. Yet, the state’s “single refiling rule” prohibits a party from refiling the same cause of action more than once.

Supreme Court Finds State Tax on Trust Income Unconstitutional

The United States Supreme Court recently decided in the case North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust (588 U.S. (2019)) that a State cannot tax income of a trust based solely on a beneficiary’s in-state residency, especially if no distributions are made.

Supreme Court Strengthens Protection of “Confidential” Information Under FOIA

Since 1967, the Freedom of Information Act (“FOIA”) has provided the public the right to request access to records from any federal agency. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine statutory exemptions. FOIA Exemption 4 of the 5 U.S.C. §552(b)(4) prevents mandatory…

Illinois Imposes Sweeping Obligations on Employers to Prevent Harassment and Discrimination

Illinois Governor J.B. Pritzker recently signed into law an omnibus bill aimed at limiting harassment and discrimination within the workplace. The bill amends the Illinois Human Rights Act by requiring annual trainings and disclosures. Additionally, the bill enacts two new laws that may impact Illinois employers: the Workplace Transparency Act and the Sexual Harassment…

Illinois Bans Salary History Inquiry in Amendments to State’s Equal Pay Act

Illinois is poised to join over a dozen states in banning employers from inquiring as to applicants’ salary history. A recently-signed set of amendments to the Illinois Equal Pay Act of 2003 (IEPA), which will become effective on September 29, 2019, will prohibit employers from inquiring about and considering an applicant’s salary history when…

Cornell University Bestows Prestigious Service Award to Peter E. Cooper

We are pleased to share that Lawrence Kamin partner Peter E. Cooper is a 2019 recipient of the Frank H.T. Rhodes Exemplary Alumni Service Award from Cornell University. Named after the university’s ninth president, this prestigious award recognizes alumni who have demonstrated extraordinary long-term service…

Wadler v. Bio-Rad Labs Ruling Counters ‘Violation of Rules’ Argument Trend In Whistleblower Case

In its recent opinion in Wadler v. Bio-Rad Laboratories, Inc., 916 F.3d 1176 (9th Cir. 2019), the United States Court of Appeals for the Ninth Circuit provided important guidance for determining whether provisions of the Foreign Corrupt Practices Act (FCPA) can be considered “any rule or regulation of the Securities and Exchange Commission,” upon…

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