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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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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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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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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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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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