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In this edition:

Firm hosts Women Business Leaders Networking Lunch »

James Gossett's nonprofit news »

Featured articles »

Notable cases & victories »

Honors & appointments »

Books, journals, handbooks »

Our attorneys in print »

Speaking engagements & presentations »

Arnstein & Lehr LLP is one of the country’s oldest and most respected law firms. Since its founding in 1893, the firm has served clients both large and small throughout the United States and in many foreign countries. More than a century later, Arnstein & Lehr has established itself as a sophisticated, full-service practice that addresses the diverse and complex needs of its clients in five main service groups–Business, Litigation, Local Government, Tax and Estate Planning, and Real Estate.

 

 

 


Firm hosts Women Business Leaders

Networking Lunch

 
 

Arnstein & Lehr Partner Cynde Munzer presents Cheryle Jackson (right) with the Arnstein & Lehr 2007 Woman of Vision Award

Arnstein & Lehr presented Cheryle Jackson, CEO and president of the Chicago Urban League, with the Arnstein & Lehr LLP 2007 Woman of Vision Award at a recent Women Business Leaders Networking Lunch held at Fulton’s on the River.

“It was truly an honor to be the recipient of Arnstein & Lehr’s first Woman of Vision Award,” said Jackson. “When women come together and support each other, it creates a powerful energy; an energy that reminds you that you can do anything. The support of many women is helping me to carry out my vision.”

Spearheaded by the firm’s Diversity Committee, the event brought together women business leaders from across the Chicago area, including executives in government, law, health care, business, and education. Attendees from the firm included Stephanie Kim, Kathleen Lach, Laura Lau Marinelli, Joy Levy, Molly Mackey, Cynde Munzer, Andrea Siskovic, Sharilee Kempa Smentek, Miriam Stein, and Elizabeth Wei.

 
 

James Gossett

 

Franklin Zemel

 

James Brady

 

Steven Daniels

 

Phillip Hudson, III

 

Charles Pearlman

 

Joel Mayersohn

 

Jeffrey Shapiro

 

Konstantinos (Dino) Armiros

 

Anna-Katrina Christakis

 

Jason Tremblay

 

Elizabeth Wei

 

Samuel Levine

 

David Sugar

 

Paul Starkman

 

Nicole Gross

 

Brandon Bell

 

Mark Enright

 

Michael Turoff

 

Allan Goldberg

 

Laura Lau Marinelli

 

John Cooney

 

Steven Malitz

 

Patrick Cotter

 

Howard Swibel

 

Cynde Munzer

 

Robert Ury

 

Arthur Janura, Jr.

 

Raymond Werner

 

Neville Leslie

 

Robert Taylor

 

Daniel Schlade

 

R. Kymn Harp

 

Robert McKenzie

 

Shari Olefson

 

Thomas McGuire

 

Jeffrey Pilgrim

 

Mark Spognardi

 

William Anaya

 

Joel Hurwitz


IRS proposals spearhead increased governmental attention to nonprofit governance practices

 

By James Gossett

Recent proposals by the Internal Revenue Service for changes in the Form 990 annual information report filed with the Service by tax-exempt organizations, along with increased Congressional oversight activity directed at such entities, highlight the need for nonprofits to give greater attention to their governance practices. Many nonprofits have been heading in that direction anyway, since at least as early as the adoption of the federal Sarbanes-Oxley Act of 2002 that, while primarily applicable to publicly traded for-profits, heightened awareness of governance issues in the nonprofit community, especially after widely reported scandals involving financial practices at some organizations.

The IRS followed publication of a good governance practices discussion draft earlier this year by proposing a new governance section for Form 990, requiring detailed information about an organization’s governing body, as well as its financial practices. As mandated by Congress, the IRS has also promulgated a new Form 990-N, from which the Service hopes to gain more information about smaller nonprofits that have previously been under no requirement to make annual reports to the Service.

Last spring, Senator Charles Grassley, the ranking Republican member of the Senate Finance Committee, made yet another in a series of proposals for further regulation of nonprofits by endorsing federal study of university practices in issuing tax-exempt bonds, maintaining untaxed assets, and gaining economic benefits from tax-exempt athletic programs. Recent House Ways and Means Committee hearings also placed a spotlight on nonprofit governance practices.

Meanwhile, state governments have increased their attention to nonprofit governance through state attorney general investigations and passage of legislation. Beginning with the passage of the California Nonprofit Integrity Act of 2004, and continuing with new laws passed this year in Arkansas and Virginia, states have sought to keep ahead of the federal government in an area where they, rather than the federal government, have traditionally exercised greater influence. In addition, Washington, D.C., home of many nonprofits, has expanded its attorney general’s oversight in the nonprofit field.

Such governmental attention has prompted directors of many nonprofits to question whether their organizations are adequately prepared for such scrutiny. Instead of relying solely on the informal advice of unpaid attorney board members, many nonprofits are requesting outside legal counsel for assistance in this regard, which can take the form of legal audits, rules on conflicts of interest, whistleblower policies, tighter auditing procedures, bylaws changes, and assistance to board members in understanding their fiduciary responsibilities. Many nonprofits are also seeking to increase their transparency by placing more of their policies and financial information on the Internet.

Certainly, no nonprofit wants to be the next one subjected to adverse publicity because of its lax governance practices. As the IRS, Congress, and state governments focus more on nonprofit governance topics, organizations and their attorneys will need to do the same.

 

Visit Arnstein & Lehr's Non-for-Profit Practice Group page

 

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Featured articles

 

 

Firm Launches Religious Land Use Practice Group

Arnstein & Lehr recently launched the Religious Land Use Practice Group to counsel governmental and private clients on all aspects of religious land use freedoms and protections, including application and enforcement of the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Florida Religious Freedom Restoration Act (RFRA), and the protection and enforcement of related Constitutional and Civil Rights.

“We’re seeing increasingly high demand for religious land use consultation,” said Fort Lauderdale Partner Franklin Zemel. In response to that demand, he adds, “We’ve mobilized a talented team of lawyers who are highly experienced in this fast-growing practice group.” Zemel, along with Partner James Brady, will head up the new group, which combines the talents of several other experienced Arnstein attorneys.

Arnstein & Lehr nominated for law firm of the year award

Arnstein & Lehr has been nominated for the Abraham Lincoln Marovitz Law Firm of the Year Award by The Bridge Youth and Family Services. The firm provides valuable pro bono legal assistance to The Bridge Youth and Family Services. The Bridge is a not-for-profit organization providing counseling and other social services to children. The agency seeks legal advice on many issues, including policies, contracts, leases, and requests for information. The attorneys of Arnstein & Lehr provide The Bridge Youth and Family Services with valuable legal services that benefit the children of their service area, offer education and guidance for the staff, and consultation for the board of directors to protect the organization, its assets, and reputation.

Fort Lauderdale office donates bikes to help homeless

Arnstein & Lehr’s Fort Lauderdale office donated 21 new bikes for Channel 10 Magnum’s Force charity. The bikes were donated to the Broward Partnership for the Homeless shelter providing 21 people transportation to and from work. The donation was covered by Channel 10 news in South Florida and featured Partners Charles Pearlman and Joel Mayersohn.

South Florida Business Journal taps Arnstein & Lehr attorneys as Key Partner Award finalists

Florida Partners Steven Daniels, Phillip Hudson III, Joel Mayersohn, Charles Pearlman, and Jeffrey Shapiro were named finalists in the 2007 South Florida Business Journal Key Partner Awards. The Key Partner Awards honor South Florida’s top CPAs and attorneys.

Advisory group launched to assist banks and mortgage lenders

facing demands to repurchase defaulted mortgages

Arnstein & Lehr recently launched a practice group to assist banks and mortgage lenders facing demands to repurchase defaulted mortgages.

Konstantinos (Dino) Armiros said the firm’s significant bankruptcy and restructuring expertise is invaluable in conducting an analysis of repurchase contract obligations. “The mortgage industry is in crisis and Arnstein’s depth in advising companies in distress and financial services organizations places us in the right place at the right time,” he said.

Attorneys within the group have more than 30 years experience in representing banks and distressed companies. The group offers sophisticated analysis of regulatory and other statutory obligations of the mortgage originator or lender and will also provide creative strategies to assess potential exposure, including possible criminal liability. They also assist and represent acquirers of entities, including securitized pools, which control or are liable for repurchase contracts to assure fair pricing and maximum value for their clients.

Members of the group include Partners Michael Abramson, William Anaya, Konstantinos (Dino) Armiros, Barry Chatz, James Chatz, Anna-Katrina Christakis, Ronald Cohn, Patrick Cotter, R. Kymn Harp, Phillip Hudson III, Samuel Levine, Joy Levy, Robert McKenzie, John Ropiequet, Richard Rosenbaum, Miriam Stein, and Thomas Yardley.

Teaming up to help students advance through learning and leadership program

Arnstein & Lehr is proud to sponsor sixty students from Smyser Elementary School in Chicago to attend the Exchange City program. Smyser, located on the city’s northwest side, is committed to providing all students with a child-centered environment, a love of learning, pride in their school community, and preparation for demands of the 21st century. The school is an Illinois State Board of Education Honor Roll and Spotlight School Award Recipient. Exchange City’s Immersive Learning program gives students the opportunity to put concepts learned in the classroom to work in a real life simulation. During the eight week curriculum, students engage in economics, government, math, social studies, and career education as they increase their passion for learning through real life applications.

Firm supports Minority Legal Education Resources

Arnstein & Lehr helped sponsor the Minority Legal Education Resources’ 30th Anniversary Awards Banquet held at U.S. Cellular Field in Chicago. Minority Legal Education Resources is dedicated to increasing the number of minority attorneys by providing educational services, professional guidance, and emotional support to minority bar candidates.

 

 

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Notable cases & victories

 

 

Christakis, Tremblay, and Wei obtain dismissal of negligence claim

Partners Anna-Katrina Christakis and Jason Tremblay, with Associate Elizabeth Wei, recently obtained a dismissal of a negligence claim against a large property preservation company.

The plaintiff, a property claims adjuster, was inspecting a foreclosed property in 2003 for mold damage when he fell through the roof and suffered a traumatic brain injury. The client, which was retained by an agent of the owner of the property and was responsible for preserving the property, was added to the lawsuit in late 2006, after the case had been pending against other defendants, such as the owner of the property, since late 2003. The plaintiff argued that Arnstein & Lehr’s client was negligent in preserving the property and failed to warn the plaintiff of a dangerous condition at the property.

The Arnstein & Lehr team filed a motion to dismiss on grounds that the two-year statute of limitations had expired and that the claim against their client was therefore time-barred. In response, the plaintiff’s counsel claimed that the plaintiff was legally disabled due to his injuries and that the statute of limitations was tolled. The Arnstein & Lehr team proceeded to take the plaintiff’s deposition wherein he admitted to, among other significant facts, his ability to drive a car, take his medications, communicate with his physicians and pay bills. Primarily in light of the plaintiff’s admissions, the court held that the plaintiff was not legally disabled under Illinois law, that the complaint against their client was untimely, and dismissed their client with prejudice.


Levine and Sugar successfully represent condo association in dispute with bank

Partners Samuel Levine and David Sugar recently represented a condominium association in dispute with a bank over the right to receive rents from tenants in possession of a unit at the condominium. The association obtained an order granting possession of the unit, which was leased to the tenants. The lender subsequently filed a mortgage foreclosure action and was appointed as a mortgage in possession with a right to collect the rents. The association filed a motion in the mortgage foreclosure action to remove the bank from possession of the unit. This motion was based on the priority of the assessment lien and the jurisdiction of the court in the foreclosure case to place the bank in possession of the unit as a result of the prior order granting the association possession of the unit. The court agreed with the association and removed the bank from possession of the unit.

Starkman, Tremblay, and Gross obtain summary judgment on malicious prosecution

Partners Paul Starkman and Jason Tremblay, with Associate Nicole Gross, recently obtained summary judgment on malicious prosecution and false arrest claims brought against a large retail client in federal court.

The plaintiff was a business data analyst at the company who, immediately prior to his resignation, deleted a large number of computer files from the company’s computers. When the client discovered the deletions after the plaintiff left, the client filed a criminal complaint for felony computer tampering against the plaintiff. Eventually, however, the Illinois State’s Attorney Office decided to nolle prosequi (i.e., voluntarily dismiss) the criminal case against the plaintiff.

As a result, the plaintiff brought the instant malicious prosecution and false arrest claims arguing he deleted only junk computer files and that he had authority to delete them in any event. After over two years of extensive discovery, including 15 depositions in three states and numerous discovery-related motions, the federal court granted the Arnstein & Lehr team’s motion for summary judgment on behalf of the client and dismissed all of the plaintiff’s claims against their client with prejudice.

Bell assists software company with global distribution agreement

Partner Brandon Bell recently assisted a Chicago area software company in the negotiation and documentation of a global distribution agreement with a leading international industrial microbiology and diagnostics company. Under the agreement, the software company gains access to the diagnostics company’s extensive international sales network for the marketing of the software company’s environmental monitoring software to the international pharmaceutical industry.


Enright and Tremblay obtain procedural victory for pharmaceutical client

Partners Mark Enright and Jason Tremblay obtained a procedural victory in federal court. A significant breach of contract and fraud action was filed in the U.S. District Court for the Northern District of Illinois by the plaintiff (a consulting company located in Illinois) against their client (a pharmaceutical company located in New Jersey) for its failure to pay a large amount of money due under a consulting agreement between the parties.

In response to the plaintiff’s complaint, Enright and Tremblay filed a motion to transfer venue to the District Court of New Jersey on grounds that most of the relevant witnesses were located in New Jersey and, therefore, it would be more convenient to litigate the case in New Jersey. In this regard, Enright and Tremblay cited the fact that approximately eight former employees of their client who negotiated or performed pursuant to the contract, and whose names were actually cited in the plaintiff’s complaint, were all located in New Jersey or within the subpoena power of the federal courts in New Jersey. In a clever attempt to thwart Enright and Tremblay’s motion to transfer the case to New Jersey, however, the plaintiff was able to procure affidavits and statements from at least five of those potential witnesses stating that they would willingly come to Illinois for deposition and trial, thereby alleviating any inconvenience to the parties.

Fortunately, siding with the client’s position, and deciding to transfer the case to New Jersey, the court held that the affidavits and statements procured by the plaintiff did not guarantee the witness’ attendance at trial or deposition and that the only way to guarantee those witness’ attendance was to transfer the case to New Jersey where the courts there had subpoena power over the majority of witnesses. While this ruling did not dispose of the substantive claims against the client, it forces the plaintiff to litigate the matter in New Jersey (where the law and forum are much more favorable to Enright and Tremblay’s client) and it will undoubtedly provide the client significant leverage to secure a more reasonable settlement than if the case were pending in Illinois.

Goldberg, Turoff, and Lau Marinelli successfully represent lender in prepayment case

In a case of major importance to the commercial real estate mortgage industry, Chicago Partners Michael Turoff, Allan Goldberg, and Associate Laura Lau Marinelli recently represented a large, well known life insurance company which had funded a commercial real estate mortgage loan secured by property in the River East area of Chicago.

The borrower’s assignee, a large Japanese insurance company, wanted to reassign the mortgage, and the client declined this request. The borrower then sought to prepay the mortgage but balked at paying the prepayment premium in excess of $2.5 million required by the mortgage documents. The borrower ultimately prepaid the mortgage and paid the prepayment premium. It then filed an action in federal court claiming that under the mortgage documents the borrower had a right to make a further assignment of the mortgage and should not have been required to prepay the mortgage and pay the prepayment premium. It also claimed that the prepayment premium was void as a penalty. The case had national significance insofar as the penalty claim was concerned because similar prepayment provisions are common in many commercial real estate mortgages.

The team obtained summary judgment on behalf of the lender. The court found that the borrower had not preserved a right to have a further assignment of the mortgage and did not have a right to prepay the mortgage without paying the prepayment premium. The borrower was also forced to withdraw its claim that the prepayment premium was a penalty after the U.S. Court of Appeals for the Seventh Circuit invalidated the authority on which the borrower relied. Interestingly, the principal authority cited in the Seventh Circuit’s opinion invalidating the case upon which the borrower relied, was a case Michael Turoff previously won in the trial court and which the Seventh Circuit upheld on appeal.

Turoff and Lau Marinelli, with Chicago Partner Joel Hurwitz, also recently represented a quasi-governmental lender against a claim that the multimillion-dollar prepayment premium in its commercial real estate mortgage documents was also void as a penalty. Based upon the Seventh Circuit’s decision mentioned above, they convinced the plaintiff to voluntarily dismiss its case.

Cooney represents deceased in case where

Salvation Army is accused of draining the dead man’s bank accounts

Fort Lauderdale Partner John Cooney is representing the legal heirs of a man who died intestate leaving two bank accounts that were depleted by The Salvation Army after his death. This significant lawsuit presents a case of first impression in Florida and turns on the interpretation of a Florida banking statute, thereby impacting the way millions of dollars are left to charities in Florida. The case also seeks relief for the deceptive and unconscionable acts by The Salvation Army in depleting funds in two bank accounts left by the decedent—one in the name of the decedent only (and therefore undisputedly belonging to the decedent’s estate), and the other account turning on the interpretation of the Florida banking statute. This latter issue is whether a non-natural person may be the beneficiary of an in trust for account, or whether, as Cooney asserts, only a natural person may be a named beneficiary to such an account.

Enacted in 1995, the statute authorizes in trust for accounts in Florida and authorizes bank accounts to be set up in trust for a beneficiary which is specifically defined in the statute as a person who survives the account holder. Prior to Florida’s legislature authorizing in trust for accounts, Florida’s common law since 1956 allowed people to set up their savings accounts in trust for an individual without needing to be executed with the formalities of a will. In this manner, an individual could leave an account payable on death to another individual. These were referred to as tentative trusts or Totten trusts (after the 1904 New York case In re: Totten).

Cooney also draws support for his position in citing that, in the context of the banking statute at issue, “person” means “natural person” from Florida’s long history of treating charities different than individuals as in the former mortmain statutes, and also because where Florida’s legislature means “person” to include corporations, entities, or charitable organizations, it specifically provides such a definition of “person” in the same chapter, as it did when enacting the pay on Death Securities Act, which passed the very same day as the banking statute at issue, and which permits people to register securities in trust for another person. In that statute, the legislature defined “person” to mean “an individual, a corporation, an organization, or other legal entity.”

In an example of conduct unbecoming, The Salvation Army acted disgracefully by informing the heirs that it would consider a pre-suit attempt to resolve this legal issue at its next board of trustees meeting, then, while the estate was waiting for a response, secretly going behind their backs to locate the financial institution holding the funds, obtain a certified death certificate, pass a resolution to appoint a Salvation Army captain to go into the bank branch and take the funds, and finally taking more than they could ever be entitled to (the account in the decedent’s name only with no survivor named).

Malitz defends former LLC manager, obtains successive dismissals of complaint

Partner Steven Malitz defended a client who resigned as manager of an limited liability company (LLC) and transferred his membership interest to a third party. Claiming that his client’s exit from the LLC was unauthorized, a disgruntled member and manager sued his client, the other members and managers of the LLC, and the LLC itself, seeking to undo his client’s resignation and transfer of interest, and for oppression, fraud, waste, and breach of fiduciary duty. Malitz obtained successive dismissals of the complaint and finally forced the claimant to dismiss his client from the suit.

Malitz and Christakis defend client in real estate titleholder case

Partners Steven Malitz and Anna-Katrina Christakis defended a client in a suit where the plaintiffs sought a ruling that they were the exclusive titleholders to certain real estate. The plaintiffs sought to rescind the series of transactions which vested title in the client and, in turn, in the client’s purchaser. The plaintiffs sought to restore title in their name, claiming that Malitz and Christakis’ client and other previous and subsequent purchasers fraudulently purchased and sold the property, and unjustly profited from such purchases and sales. Malitz and Christakis successfully moved to dismiss several claims. However, the current title holder (that purchased the real estate from the client) sued the client, seeking repayment in the event that it was required to return the property, or pay damages, to the plaintiffs. Malitz and Christakis successfully tendered the suit to the client’s title insurer who had initially denied coverage but then agreed to fully defend and indemnify the client. The matter ultimately settled with no payment by, or exposure to, Malitz and Christakis’ client.

Malitz and Goldberg cite structural, construction defects

to win victory for purchasers of rehabilitated Victorian

Partners Steven Malitz and Allan Goldberg obtained a victory for purchasers of a fully-rehabilitated Victorian mansion. After closing, their clients discovered a number of serious structural and other construction defects in their new home. Malitz and Goldberg sued to rescind the purchase, or, alternatively, for money damages, due to the construction defects and fraud committed by the builder. Despite contending that the home was essentially defect-free, after numerous mediation sessions the builder agreed to repurchase the property for the purchase price plus a premium based on appreciation. The builder further agreed that if it did not timely repurchase the property, judgment would be entered against the builder and its principals, personally, for a significant sum, to correct the construction defects. When the builder failed to repurchase the property, Malitz and Goldberg sought judgment, forcing the builder to pay their clients the substantial, agreed sum to repair the property.

 

Cotter represents wife of man accused of misappropriation

As noted in Crain’s Chicago Business, Partner Patrick Cotter is representing Karen Loffredi and her business, Advanced Sales & Marketing, in a case involving her husband, Robert Loffredi, who has been accused by the Securities and Exchange Commission of misappropriating a total of more than $2.4 million of clients’ investment funds. Ms. Loffredi and her company have been named relief defendants, meaning they are not accused of wrongdoing, but may have been beneficiary’s of Mr. Loffredi’s alleged fraudulent activities. Mr. Loffredi is president of Raymond Financial Group, a suburban broker agency in Oak Brook, Illinois.

 

 

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Honors & appointments

 

 

Florida Attorneys selected as Super Lawyers

Florida Partners Steven Daniels (West Palm Beach; real estate), Phillip Hudson III (Miami; bankruptcy & creditors’ rights), Douglas Kniskern (Fort Lauderdale; estate planning), and Jeffrey Shapiro (Miami; business litigation) were named Super Lawyers in a recent edition of Florida Super Lawyers magazine. Candidates are evaluated on twelve indicators of peer recognition and professional achievement in their primary area of practice.

Starkman inducted into The College of Labor and Employment Lawyers

Partner Paul Starkman has been inducted into The College of Labor and Employment Lawyers as a fellow. Election as a fellow is the highest recognition by ones colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication, and excellence.

The twelfth installation of fellows was held in Philadelphia, coincident with the American Bar Association’s Labor and Employment Law Section’s Continuing Legal Education Conference. With the current installation, the College is represented by over 910 members in 42 states, the District of Columbia, Puerto Rico, and Canada. The College helps to establish this profession in all its aspects as one uniquely important to the world of labor and employment law, individual rights, collective bargaining, and dispute resolution.

Swibel honored as Harvard Law Society role model

At its 2007 Role Models Reception, the Harvard Law Society recognized Partner Howard Swibel as a Harvard Law School alumnus who is a role model for lawyers throughout Illinois and the nation. The Chicago area role models include lawyers, judges, authors, filmmakers, corporate general counsel, CEOs, journalists, and others.

Cynde Munzer joins Go Red for Women Executive Leadership Team

Partner Cynde Munzer has joined the Go Red for Women American Heart Association Executive Leadership Team. She will serve as a key ambassador for the Heart Association in Chicago, helping educate women about the importance of heart health and stroke prevention. Munzer is also helping to organize the Go Red luncheon on February 29, 2008.

Attorneys named to Illinois Super Lawyers and Rising Stars lists

The following attorneys have been selected for inclusion on the 2008 Illinois Super Lawyers and Rising Stars (the state’s top young attorneys) lists:

William Anaya * Bruce Balonick * Barry Chatz * Thomas Conley * Patrick Cotter * Mark Enright * Richard Gering * Allan Goldberg * R. Kymn Harp * Norman Jeddeloh * Arthur Klein * Samuel Levine * Robert McKenzie * Ronald Menaker * Mark Miller * Hal Morris * Paul Starkman * Howard Swibel * Michael Turoff * Robert Ury * David Waxman * Raymond Werner

Robert Ury receives Austin Flemming Distinguished Service Award

Partner Robert Ury was honored with the Austin Fleming Distinguished Service Award by the Chicago Estate Planning Council to whom he also presented “Preparing to Sell Your Business.” In this presentation, Ury examined the steps and considerations involved in preparing to sell the business at both the entity and owner level.

Hoffman Estates names Janura to village attorney post

Partner Arthur Janura, Jr., a retired Cook County circuit court judge, recently assumed the Hoffman Estates village attorney’s post. Trustees unanimously approved Mayor William McLeod’s nomination of Janura this fall. Janura takes over for retiring village attorney Richard Williams, who served 34 years as Hoffman Estates village attorney.

Janura is a skilled mediator and settlement judge with experience in construction, tort, personal injury, and medical malpractice matters. He has conducted felony hearings in criminal cases, industrial matters, traffic accident cases, contract disputes, and forcible entry and detainer cases. He is also known for decisions that are well researched and for helping opponents in a legal battle find common ground. He has the unique ability to get lawyers to agree on contested issues and has handled hundreds of bench trials and over 180 civil jury trials to verdict.

Werner named to International Who’s Who lists

Partner Raymond Werner has again been named to the International Who’s Who of Real Estate Lawyers for 2008, and the Who’s Who Legal-International Who’s Who of Business Lawyers 2008. Who’s Who lists the foremost legal practitioners in over 25 distinct areas of the international legal marketplace. Werner has also been selected as a Best Lawyer in America in the specialty of real estate law.

 

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Books, journals, articles

 

 

Goldberg published in Illinois Condominium Law

Partner Allan Goldberg authored a chapter for the recently published Illinois Condominium Law, a primary desk reference on community association law published by the Illinois Institute for Continuing Legal Education.

Shapiro and Leslie author article in Daily Business Review

Partners Jeffrey Shapiro and Neville Leslie authored “Litigation: When a party’s chances at trial are hurt by lost evidence,” an article recently published in the South Florida Daily Business Review.

Starkman offers insight on latest legal trends, key strategies

Partner Paul Starkman has authored “Emerging Trends in the Handling of Employment Cases” in the recently published journal Labor & Employment Law 2007: Top Lawyers on Trends and Key Strategies for the Upcoming Leadership (Aspatore Thought Leadership). The journal discusses key upcoming trends in labor and employment law for 2007-08, highlighting major milestones over the past year and providing overall thought leadership for the year ahead. Starkman discusses recent changes in laws, decisions, and policies that have affected the practice of labor and employment law, as well as recent case decisions that will impact the future scope of this ever-changing area of law.

Real estate attorneys author chapters in condo law practice handbook

Several Arnstein & Lehr attorneys have authored chapters in the Illinois Institute for Continuing Legal Education’s (IICLE) Illinois Condominium Law practice handbook:

CHAPTER 1: “The Illinois Act and Condominium Titles,” by Partner Allan Goldberg, covering history of the condominium concept, analysis of the Illinois Condominium Act, title problems, condo surveys, and more.

CHAPTER 4: “Condominium Construction Finance,” by Partner Robert Taylor, which discusses the application process, finding a lender, heavily negotiated elements of the loan commitment, the loan documents, and closing the loan.

CHAPTER 14: “Local Condominium Ordinances,” by Partner Daniel Schlade, responding to the question: is there an applicable ordinance, and where can it be located? In addition, Schlade covers property reports, condominium conversion ordinances, antidiscrimination ordinances, fraud, and cooling-off periods.

CHAPTER 17: “Commercial Condominiums,” by Partner R. Kymn Harp, also the handbook’s general editor. In this chapter, Harp discusses the mixed-use scenario, the pure commercial condominium, ability to lease, unit owners’ association, insurance, and the involuntary sale of property.

The Illinois Condominium Law practice handbook examines the planning, financing, developing, and operating of condominium projects with an eye toward avoiding expensive mistakes that can haunt a project for years.

 

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Our attorneys in print

 

 

McKenzie quoted in Wealth Manager

Partner Robert McKenzie was quoted in “The Tax of My Tears,” a recent article appearing in Wealth Manager magazine that discusses how one should approach an IRS audit.

Olefson comments on increase in foreclosures

Partner Shari Olefson was quoted in “Capital Sources: Beleaguered Borrowers Get Help,” a feature article a recent edition of the South Florida Daily Business Review, where she comments on a new wave of foreclosures in Alt-A loans.

Harp featured in Real Estate Forum

Partner R. Kymn Harp was prominently featured and extensively quoted in Real Estate Forum magazine. In an article entitled “Negotiating Strategies: Ready, Set...Close!” Harp discusses effective negotiation and closing strategies in the current fast-paced and changing U.S. commercial real estate market.

Starkman quoted in Macleans

Partner Paul Starkman was quoted in Macleans magazine in an article entitled, “Bullying bosses beware: threaten or even intimidate employees and your company could face $1-million payouts.”

 

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Speaking engagements & presentations

 

 

Attorneys discuss real estate turnover, laws affecting same-sex couples,

grantor trusts, and FDCPA laws

Partner David Sugar presented “Turnover: Issues for Associations, Developers, Managers and Professionals” at Legal Aspects of Condominium Development and Homeowners’ Associations, a continuing education seminar presented in Chicago by the National Business Institute.

Partner Thomas McGuire gave a presentation entitled “Top Five Planning Issues for Same Sex Couples (But Not Necessarily in Order of Importance...)” to the Chicago Bar Association Committee for Legal Rights for Lesbians and Gay Men. McGuire also presented “Installment Sales to Intentionally Defective Grantor Trust: A Nuts and Bolts Guide” to the Chicago Bar Association Federal Tax-Estate and Gift Tax Committee Division A.

Partners Anna-Katrina Christakis and Jeffrey Pilgrim spoke on state “mini-FDCPA laws” at the Consumer Debt Collection, Loan Servicing, and Bankruptcy conference presented in Dallas by The Credit Law Institute and The Conference on Consumer Finance Law.

Janura to speaks at Northwest Suburban Bar Association meeting;

Chicago case evaluation conference

Partner Arthur Janura, Jr. served as the featured speaker at “5 Keys to Successful Mediation,” the Northwest Suburban Bar Association’s recent dinner meeting in Rolling Meadows, Illinois.

In addition, Janura presented at The Law Bulletin Publishing Company’s Case Evaluation Conference at the University Club Chicago. The conference brought together expert panels to discuss considerations and strategies for selecting and settling cases, the benefits of ADR and a discussion of the confidentiality of settlement agreements. In addition, panelists worked through a number of case studies in which they discussed factual, financial, ethical, and logistical concerns, including whether to take a case to court or to settle.

Spognardi discusses new e-discovery rules at Las Vegas conference

On October 9, Partner Mark Spognardi presented “New Federal Discovery Rules Regarding Electronically Stored Information” at the 2007 Annual Conference of the North American Transportation Employee Relations Association in Las Vegas.

Anaya presents at unauthorized practice of law conference

Partner William Anaya presented a summary of matters in which the issue of unauthorized practice of law has been litigated in the past at the Unauthorized Practice of Law conference sponsored by the Chicago Bar Association’s Unauthorized Practice and Multidisciplinary Practice Committee on November 2 in Chicago.

Olefson and Pearlman discuss real estate marketing turnaround

On October 25, Partners Shari Olefson and Charles Pearlman hosted a fine scotch event for their clients at the Fort Lauderdale office where they presented “Leading in the real estate market turnaround (and helping our clients make money on it)” with the real estate investment group JR Capital.

Hurwitz a Judge for the First Amendment Essay Contest

Partner Joel Hurwitz served on a panel of judges for the First Amendment Essay Contest jointly sponsored by the Chicago Sun-Times and the Anti-Defamation League. In addition to Hurwitz, the panel of judges included a current Illinois Supreme Court Justice, former state senators and prominent Chicago journalists. Winners were chosen from over 1,000 high school students in the Chicago metropolitan area.

 

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