Michael Wise Among U.S. Experts Consulted on Denmark’s Dividend Case Settlement
The Denmark Tax Authority’s secret billion-dollar settlement in the dividend case with a group of New York backers is assessed by law and tax experts in the United States. Criticism from Lawrence Kamin partner Michael Wise and others is summarized in this TV2 News (Copenhagen, Denmark) article.
The SECURE Act of 2019 and Its Impact on Estate Planning
In December 2019, Congress enacted the Setting Every Community Up for Retirement Enhancement Act
of 2019, or as it’s more commonly known, the “SECURE Act.” The SECURE Act took effect January 1, 2020
and changed many rules that govern your retirement plans and other tax deferred plans. As a result,
changes may need to be made to…
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…
With rankings in the 2020 edition of “Best Law Firms” by U.S. News and Best Lawyers®, Lawrence Kamin is among a small group of law firms that has been ranked every year since the award debuted in 2010. For a decade, the firm has consistently been recognized by clients and peers for demonstrating an industry-leading […]
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.
Rayford and Loughran Named “Emerging Lawyers” for 2019
Lawrence Kamin congratulates associate attorneys Maureen E. Loughran and Starr M. Rayford for being recognized as “Emerging Lawyers” by Leading Lawyers™, a division of Law Bulletin Media. This distinction is bestowed upon less than two percent of all licensed lawyers in Illinois age 40 or younger who have proven themselves as professional, ethical and experienced at an early point in their legal career.
“Leading Lawyers” Lists Lawrence Kamin Attorneys for 2019
Four Lawrence Kamin attorneys have been named as 2019 “Leading Lawyers” and join a distinguished group that is comprised of less than five percent of all lawyers licensed to practice in Illinois. We congratulate our esteemed colleagues who have been nominated by their peers as top lawyers within their respective areas of law.
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…
An Employer’s Guide to the Illinois Secure Choice Savings Program Act
In January 2015, Illinois became the first state to fully enact legislation requiring that private-sector employers
offer their workers retirement benefits. Now as employer registration deadlines for mid-sized and small
companies approach, local businesses are on notice to take appropriate action steps to ensure they
comply with the Illinois Secure Choice Savings Program Act to avoid per-employee…
Weigand v. Nine Fifty, Ltd.: Lack of Video Preservation Exposes Defendant to Spoliation Claim
In a recent unpublished opinion, the Illinois Appellate Court held that a person has a duty to preserve video recordings, if that person reasonably should have foreseen that the video might contain material evidence to a potential civil action. Weigand v. Nine Fifty Ltd., 2019 IL App (1st) 173169, (February 11, 2019). Failure to…
Congratulations to the Special Olympics Illinois on its record-setting 2019 Inspire Greatness Gala and the more than $1.3MM in fundraising achieved. As a proud sponsor of the event, Lawrence Kamin salutes this year’s Athlete Honoree, Patrick McCarthy, and all of the Special Olympics athletes for their perseverance and commitment to always do their best.
FINRA Warns Firms Not to Lie or “Obfuscate” When Clients Ask About a Departed Rep
When a registered representative (“Rep”) with a large book of customers voluntarily resigns from one firm to join another, the Rep’s old firm immediately assigns a replacement. Excited about the potential to keep the book, the replacement Rep frequently races to contact the customers and secure their business. And when some of those customers…
Supreme Court Holds Annuities Are Not “Securities” Subject to Illinois Securities Department Regulation
On March 21, 2019, the Illinois Supreme Court issued its long-anticipated decision in Van Dyke v. White, 2019 IL 121452. The 30-page opinion affirms the 2016 Appellate Court decision, which had overturned a Final Administrative Order from the Illinois Department of Securities…
Chicago Bar Association Honors Mitchell B. Goldberg with Vanguard Award
We congratulate our esteemed colleague and firm partner, Mitchell B. Goldberg, on his 2019 Vanguard Award, presented by the Chicago Bar Association (CBA) at a luncheon held on April 10, 2019 at the Standard Club. This prestigious award honors individuals and institutions who have made the law and legal profession more accessible to and reflective of the community at large. Mitch was nominated by the Decalogue Society to receive the Vanguard Award for his leadership and contributions to promote strength, professionalism and diversity across the legal community, his work to build solidarity to promote access to justice and combat discrimination, and for his mentoring efforts among law students.
A case recently decided by the Illinois Appellate Court (Herbert v. Cunningham, 2018 IL App (1st) 172135, December 28, 2018, Cook Co., 6th Division) issues an important reminder to anyone who is considering or has completed a journey through divorce or domestic separation: Make sure to update your estate plan documents, beneficiary designations and…
Lawrence Kamin Ranked “Best Law Firm” by U.S. News and Best Lawyers®
Lawrence Kamin has been ranked in the 2019 edition of “Best Law Firms” by U.S. News and Best Lawyers. With this recognition, the firm joins an elite group of law firms that demonstrate a unique combination of quality law practice and breadth of legal expertise. Lawrence Kamin achieved National Tier 1 ranking for its work […]
Michael Wise Selected for Best Lawyer in America® Book for Second Year
Long-time Lawrence Kamin partner Michael Wise was recently named for inclusion in the Best Lawyer in America – 25th edition in 2019. Michael received this recognition from his peers in the legal industry for exemplifying professional excellence in the law areas of Securities/Capital Markets and Securities Regulation. He joins an elite group of 1,891 attorneys […]
Elizabeth C. Lyons Named Emerging Lawyer™ for Second Year
Our esteemed colleague and Associate Attorney, Elizabeth “Liz” C. Lyons, was recently recognized as an Emerging Lawyer™ in Commercial Litigation by Law Bulletin Media’s Leading Lawyers division. With this distinction, Liz joins the top two percent of all attorneys licensed to practice law in the State of Illinois who are recognized for having proven themselves […]
Equity Indexed and Variable Annuities: What are the Limitations of a State Securities Regulator’s Authority Over Their Sales Practices? (The ABA Blue Sky Bugle Newsletter, March 2018)
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† Select attorneys have received this recognition