Carlson Dash Digest – July 2015

 

 

 

Summer has finally arrived in the Midwest and we hope you have been able to take some time to enjoy it with family and friends. This past month we have been looking at various employment law issues. We posted blogs on guns and marijuana in the workplace and Uber’s independent contractor ruling and this month’s Digest takes a look at the proposed change to overtime rules and how it may affect you or your business.
              

ILTA Conference

The Illinois Land Title Association (ILTA) held its annual convention July 8-10 in Delavan, WI. The ILTA is focused on providing professional level education and government advocacy to companies in the business of insuring titles to real estate. Jim Dash, who serves on ILTA’s Title Counsel Committee, attended the event which included a panel discussion on how new rules promulgated by the Consumer Fraud Protection Bureau (CFPB) will impact title companies and their customers. Proposed changes previously scheduled to take effect August 1st have been delayed to October 3rd. Stay tuned for a future blog post outlining these changes.

ABI Publication

Jeff Altshul’s article Secured Creditors Must Insist on Credit-Bidding Rights; Otherwise Waivable was published on ABI’s website last month. If you missed it you can read the article here

 

Will Your Exempt Employees Remain Exempt?

 

Due to a proposed change to the Fair Labor Standards Act, employers may have to choose between the lesser of two evils – giving certain affected employees an immediate raise or paying those employees overtime wages.  Read more about the changes directed by President Obama here.

FedEx Drivers – Employees, Not Independent Contractors

FedEx drivers are employees and not independent contractors.  So says the Kansas Supreme Court and the Seventh Circuit Court of Appeals.  In addressing FedEx’s arguments related to the decision of the Kansas Supreme Court, the Seventh Circuit recently stated that “FedEx’s understanding of the Kansas Supreme Court’s decision strays from reality.”  However, FedEx has not taken this and other rulings lying down.  Since 2011, with Courts in numerous jurisdictions ruling that the drivers are employees and not independent contractors, FedEx has responded by contracting the driving out to incorporated businesses. Interested in reading more?

Catch up on recent Carlson Dash blogs you may have missed.
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Carlson Dash. July 2015 Issue.

ILLINOIS
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Suite 504
Chicago, IL 60661
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Carlson Dash Digest – June 2015

Last month was a big month for legal precedent and decisions.  That is fitting, as the first day of May was officially “Law Day”. In this month’s Digest we have summarized two major decisions that will impact our clients. The decisions add either additional ammunition or armor to a creditor’s arsenal, and utilized correctly, these case precedents can help our clients achieve their objectives.  Summaries of these two cases can be found below in the Monthly Insights section. There were two other decisions that were also relevant to our clients, which we summarized in previous blog posts. If you missed those summaries, check out In Case You Missed It  to catch up on other recent and relevant legal precedent.
                                    
Community Spotlight – Lawyers Lend-A-Hand to YouthOn May 28, 2015, Lawyers Lend-A-Hand to Youth held its Annual Spring Awards Dinner  at the Four Seasons Hotel in Chicago, celebrating honorees Karen Gatsis Anderson and Kimball R. Anderson and 20 years of Lawyers Lend-A-Hand to Youth.  The event was hosted by Michelle Relerford of NBC 5 Chicago.The Andersons were awarded with the Abraham Lincoln Marovitz Philanthropic Award for their years of commitment and dedication to tutoring and mentoring in the Chicago community.  Lawyers Lend-A-Hand to Youth calls upon members of the legal profession, who are uniquely situated to make a profound impact on young people’s lives, to assist in supporting tutoring and mentoring programs for underserved youth in Chicagoland.Carlson Dash member Autumn Sharp is a board member and Program Committee Chair of Lawyers Lend-A-Hand to Youth.  Carlson Dash was proud to sponsor this event.

 

 

Consent to Jurisdiction for Non-Core Issues Allowed in Bankruptcy Proceedings

 

The United States Supreme Court recently decided that parties can consent to Bankruptcy Court jurisdiction on non-core issues. This is a key decision affecting the rights of parties in bankruptcy proceedings. Read more here.

 

Lender’s Release of One Co-Borrower Does Not Release All

A lender’s release of one co-borrower does not necessarily release all. That is the message sent by the Appellate Court of Illinois, First District, in a striking decision filed on May 27, 2015. Read more here.

 

Catch up on our legal news and blogs that were published over the the past month. Stay on top of current industry trends and relevant knowledge that will help you make more informed business decisions. 

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Carlson Dash. June 2015 Issue.

 

ILLINOIS

216 S. Jefferson StreetSuite 504Chicago, IL 60661312.382.1600WISCONSIN10411 Corporate DriveSuite 100

Pleasant Prairie, WI 53158

262.857.1600

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Carlson Dash Digest – May 2015

 

We are finally starting to see Spring weather here and that means growth. In that spirit, our Carlson Dash team wants to acknowledge our four year anniversary as a firm and to celebrate our expansion over the past year. We have added valuable legal talent to our team; talent that comes with diverse knowledge, legal perspective and practical experience that will enable us to better service our valued clients.
                                    
Listen In: IMN’s Real Estate & Bank General Counsel Forum (Midwest)

Earlier this month, Kurt Carlson participated in IMN’s Real Estate & Bank General Counsel Forum (Midwest) which was held in Chicago. If you missed the conference you can still catch the discussion. Kurt served as moderator on the Litigation Management panel and provided insight on the Best Practices for Managing In-House Lawyers and Outside Counsel panel. Follow the links to listen in and if you have any questions feel free to reach out to Kurt.

 

 

Lenders: Why Borrower Insurance Is Your Safety Net

 

Last month, we discussed how “all assets” UCC financing statements are not always a solution to perfecting a lender’s security interest in a borrower’s assets. This month we discuss insurance policies and proceeds.  Lenders can use insurance policies as a way to perfect a lien in a borrower’s personal property interests. Though the usage of an insurance policy is commonplace, there are additional advantages of insuring that both lenders and borrowers should be aware of. Get to know more about how adding an insurance policy can safeguard your company’s priority interests.

 

Clerical Error Equals Big Loss For JP Morgan 

 

The devil is in the details! JP Morgan learned this valuable lesson recently when it lost its appeal against General Motors Corp. related to a clerical error made during the refinancing of a $300 million loan. The ruling means that General Motors Corp. is entitled to $1.5 billion due to the clerical error that mistakenly terminated the security interest on a $1.5 billion loan. Learn more about this unfortunate error.  Also, review a recent Carlson Dash article discussing how to avoid other errors when perfecting certain security interests.

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Carlson Dash. May 2015 Issue.

 

 

ILLINOIS

216 S. Jefferson StreetSuite 504Chicago, IL 60661312.382.1600WISCONSIN10411 Corporate DriveSuite 100Pleasant Prairie, WI 53158

262.857.1600

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Carlson Dash Digest – April 2015

We are not only committed to providing excellent legal guidance to our clients, but we are also focused on continuing education for both our own team as well as sharing knowledge with the our valued clients and peers in the legal community. We are dedicated to keeping our clients, colleagues and team informed about recent legal changes, relevant topics, and providing fresh insights. 
                                    
Kurt Carlson to Speak at IMN’s Real Estate & Bank General Counsel Forum 

Managing Partner, Kurt Carlson, will be speaking at and moderating on panels for IMN’s Real Estate General Counsel Forum, which is being held in Chicago on May 7th, discussing the best practices and industry developments from a legal perspective on the Litigation Management panel and the Best Practices for Managing In-House Lawyers and Outside Counsel panel. 

He will be shedding light on: controlling costs in litigation, budgeting, ADR, mediation and settlement as well as topics around commercial leases, property management agreements and disputes, working with contractors, development, zoning, title insurance information and best practices for managing in-house lawyers and outside counsel.

Bryce Cox Joins Carlson Dash

Bryce Cox has joined Carlson Dash’s Wisconsin office. Bryce’s practice focuses on real estate, commercial and business transactions and litigation, as well as appeals. We are excited to have Bryce join us as we continue to expand our Wisconsin practice.

 

 

Attention Lenders: Take a Second Look

The “All Asset” UCC financing statement does not cover all categories of assets and it is important to recognize there are multiple types of collateral which cannot be perfected through a UCC financing statement. Read more to understand three of the most common pitfalls run into by lenders: “All Asset” UCC Financing Statements: Not Always A Perfect Solution

 

Unincorporated Cook County—Zoning Certificates Required

 

Cook County now requires sellers to obtain zoning certificates for property located in unincorporated Cook County prior to the closing of a prospective sale.  Effective March 21, 2015, the owner of any property in unincorporated Cook County that is under contract for sale is required to obtain a zoning certificate from the Cook County Department of Building and Zoning in order to verify the property’s current zoning classification, any outstanding building permits, and outstanding violations or judgments on the property prior to closing.

It appears that the Cook County Recorder of Deeds will require production of such a Cook County zoning certificate before accepting deeds to property in unincorporated Cook County for recording.

The new zoning certificates will alleviate issues of uncertainty surrounding zoning and classification of properties in unincorporated Cook County by providing purchasers of property in unincorporated Cook County with the underlying zoning classification of the property prior to closing.

Instructions for applications for the zoning certificates and application forms can be found at www.cookcountyil.gov/building-and-zoning.  The County charges a fee of $100 per application.  The certificate is valid for 180 days after issuance.

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Carlson Dash. April 2015 Issue.

 

 

ILLINOIS

216 S. Jefferson StreetSuite 504Chicago, IL 60661312.382.1600WISCONSIN

10411 Corporate Drive

Suite 100

Pleasant Prairie, WI 53158

262.857.1600

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Carlson Dash Digest – March 2015

As a firm that succeeded at its own start-up, Carlson Dash brings legal expertise, business knowledge and “street smarts” problem solving in its role as the “go to” boutique law firm for start-ups and small businesses in Illinois and Wisconsin.  
We have identified key actions and information necessary for small businesses, start ups and emerging companies, some of which we will be sharing in this edition of the Carlson Dash Digest, as well as our blog series: Small Business Legal Advice. 

              

As one of the founding members of Carlson Dash, Wendy Reutebuch heads the firm’s Commercial Real Estate group. In 2014, the firm facilitated over $50,000,000 commercial property transactions on behalf of Carlson Dash’s clients.Wendy is licensed in Illinois and Wisconsin, and she represents clients in every aspect of commercial real estate transactions, including acquisitions, dispositions, development, financing, construction, leasing and workouts.
She also has extensive experience representing lenders in commercial real estate finance transactions, with a focus on documenting new loans and loan restructurings.Wendy has spoken on a variety of real estate topics, including “The Lowdown on Commercial Loan Documents” and “The Greening of America’s Real Estate”, and is recognized as a Rising Star by Illinois Super Lawyers from 2008-2014.Wendy sits on the Board of the Garfield Park Conservatory Alliance where she serves as Chair of the Nominations Committee and is a member of the Executive Committee.To learn more about Wendy, click HERE.  

 

Announcing the Carlson Dash Blog!

Stay current on the latest legal issues as well as practical information that helps businesses answer important legal questions.

Our current series discusses common concerns and questions regarding start ups, emerging companies and small to mid-size businesses: Choosing the Best Corporate Law Firm for your Business.

Is crowdfunding the new platform for raising capital for small businesses?

The highly regarded 1871 tech hub in Chicago and it’s CEO Howard Tullman are in full support of the new proposed Illinois legislation that will follow in the footsteps of it’s Midwest counterparts in allowing companies to sell their stock through popular crowdfunding sites, such as Kickstarter and Indiegogo.

This will have a big impact on the local start up and small business scene, helping to balance the needs of start ups with the needs of its investors.

For more info on this interesting legal tidbit, click HERE.

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Carlson Dash. March 2015 Issue.

 

 

ILLINOIS

216 S. Jefferson StreetSuite 504Chicago, IL 60661312.382.1600WISCONSIN10411 Corporate Drive

Suite 100

Pleasant Prairie, WI 53158

262.857.1600

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Carlson Dash Digest – February 2015

In the spirit of American Heart Month, we want to highlight that the heart of our business at Carlson Dash is our people. Because we have such high standards for ourselves, internally, we’ve been able to continuously provide the highest level of client service to our clients. We recently grew our practice by adding seasoned professionals who have given us greater depth and expertise in our real estate and corporate practice groups.

              

 

We’ve got a new look on LINKED IN

Explore our new LinkedIn profile and 4 new showcase pages that highlight our specific areas of expertise. Follow us to stay informed about the latest in legal and business changes brought about by the courts, legislative bodies, and regulators. 

Click HERE to check out the Carlson Dash profile or scroll over any image below to tour our showcase pages.

  1. Employment Law Services
  2. Corporate & Commercial Law, Finance & Insolvency Issues 
  3. Commercial Real Estate Legal Services
  4. Commercial Dispute Resolution Services, Including Litigation
     

Protective Orders: Keep Sensitive Information Private in WI & IL

Do you have a client who is in a position where they have been asked to produce sensitive or confidential documents and information to the opposition during the discovery process? LEARN MORE on how to protect sensitive information from disclosure in Illinois and Wisconsin. 

“Quit while you’re ahead. All the best gamblers do.”  

Baltasar Gracián y Morales

Perhaps this very logical rule is why too many gamblers (in this case creditors) wound up in 2 different bankruptcy courts, fighting over which court had jurisdiction over Caesars Entertainment Corp. casinos’ bankruptcy proceedings? 

 

In cadence, frustrated casino creditors had filed an involuntary bankruptcy in Delaware. Yet, most of the casino-hotels owned by Caesars Entertainment Corp. are in the Midwest, so Caesars filed its voluntary bankruptcy in Chicago. This brings up a whole new issue of jurisdiction: Why did the courts decide on Chicago? 

 

For more info on this interesting legal tidbit, click HERE.

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Carlson Dash. February 2015 Issue.

 

ILLINOIS

216 S. Jefferson StreetSuite 504Chicago, IL 60661312.382.1600

WISCONSIN

10411 Corporate Drive

Suite 100

Pleasant Prairie, WI 53158

262.857.1600

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Carlson Dash Digest – January 2015

 

 

We hope everyone had a safe and happy holiday season. Did you know that people who explicitly call out their resolutions are ten times more likely to achieve their goal than someone who does not explicitly make resolutions? This year we, as a firm, resolve to double our efforts in an effort to exceed our clients’ expectations. 
At Carlson Dash every individual in the firm has renewed their pledge to add value to every service we provide. Our team approach to client and matter management and resolutions is what makes us so successful. We look forward to serving your needs as a strategic partners.

                                                                     

Please join us in congratulating Marty Wasserman on being sworn in to the Wisconsin Bar on December 30, 2014. Marty has been practicing law in Illinois since 2007, focusing on commercial litigation appeals and bankruptcy matters, including loan workouts, issues, receiverships and commercial foreclosure matters. Marty is looking forward to expanding his practice into Wisconsin.
Andrew Baumann has recently joined Carlson Dash. Andy’s practice, since 2007, has focused on business, corporate, and transactional matters as well as real estate transactions. We are excited to have Andy join us.

New Illinois Law: Reasonable Accommodation for Pregnant Workers

On January 1, 2015, a new law, amending the Illinois Human Rights Act is set to take effect that will extend certain protections to pregnant workers in Illinois. What is a “reasonable accommodation” you might ask?  Continue to the article to understand how this affects your business and what changes you will need to make as an employer. 

“In this world nothing can be said to be certain, except death and taxes.” – Benjamin Franklin

Carlson Dash recently achieved a very successful result in a hotly contested bankruptcy case. Our client was able to achieve a recovery it thought impossible when the case was initially filed. At the conclusion of our case, a Naperville, IL business owner was charged with failing to pay over $1.3 million in taxes.

Achieving this result in the face of such crushing tax liabilities was remarkable. We are proud of all the hard work our team has done to have won this case and we also would like to point out the importance of cases such as these as tax evasion not only affects the IRS, but has a trickle-down effect and negatively impacts the community, state and individual taxpayers.

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Carlson Dash, LLC 


ILLINOIS                                

216 S. Jefferson Street

Suite 504                      

Chicago, IL 60661

312.382.1600



WISCONSIN

10411 Corporate Drive

Suite 100

Pleasant Prairie, WI 53158

262.857.1600
           
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Carlson Dash Digest – December 2014

 

 

The Carlson Dash Digest

December 2014 / Vol. 3

The holiday season and year end always bring a wild flurry of activity.  At work we are wrapping up as many projects as we can, scheduling appointments for after the holidays and laying out goals for the coming year.  At home we are preparing, if not bracing ourselves, for time with family and maybe even picking out a resolution or two for the coming year (or at least the first several days of the new year).  We hope you and yours have had a meaningful 2014 and we here at Carlson Dash wish you nothing but the best for 2015.

December Topics

  • Sole Proprietorship to S-Corp: Choosing What Works for You – Corporations (Part 3)
  • Q&A: Lender Considerations in Perfecting Security Interests in Illinois Land Trusts

Jim Dash on Mechanic’s Liens

On the heels of a well-attended and received program for the Illinois State Bar Association on Construction Contracts, Jim Dash spoke at the Chicago Bar Association’s annual Mechanics Liens & Construction Claims seminar presented by the Construction Law and Mechanics Lien Subcommittee.  Jim spoke on the topic of “Perfecting Mechanics Liens on Private Projects” in which he discussed the steps a party must take under the Illinois Mechanics Lien Act in order to perfect its mechanics lien on private property.

Jim is a current member and past Chair of the Construction Law and Mechanics Lien Subcommittee and has over 25 years of experience in mechanics lien law.  Jim focuses his practice on real estate-related litigation, with an emphasis on construction and also on title insurance defense work.  For a list of upcoming events please visit CBA’s website.

Legal Tidbits

There have been several new laws enacted in the state of Illinois, many of which took effect on January 1, 2014.  For instance, those who toss their cigarette butts, please know that those little tosses are now specifically designated as litter and anyone caught tossing one is risking a $1,500 fine. (HB 3243).

Not all new legislative measures are punitive.  In Wisconsin, the legislature passed an act this past year giving veterans and members of the armed forces priority in registering for courses at the University of Wisconsin System and technical colleges. (36.11 (47m) and 38.12 (12)).

Here is a sampling of other legislation that will go into effect on January 1, 2015 in Illinois:

Pregnancy Accommodations (HB 8)

This Act makes it a civil rights violation for an employer to refuse to provide reasonable accommodations for an employee for conditions related to pregnancy, childbirth, or related medical conditions, if she so requests, with the advice of her health care provider (unless the accommodations would impose an undue hardship on the business).

Restrictions on Criminal Background Inquiries (HB 5701)

An employer may not inquire into or require disclosure of a job applicant’s criminal record or criminal history before the candidate has been notified that the candidate has been selected for a job interview or has been offered a conditional offer of employment.  Note: “Employer” is defined to mean 15 or more employees within the State of Illinois.

Sexual Harassment Protection for Unpaid Interns (HB 4157)

An unpaid intern is considered an “employee”, and all the rights and duties that come with that designation.

Non-Binding Referendum on Minimum Wage Increases (HB 3718)

This Act raises the minimum wage in Illinois to $10.65/hour, over three years ($9.25/hr on October 1, 2014, $10.00/hr on July 1, 2015, and $10.65/hr on July 1, 2016).  It does not change the laws about tipped workers, temporary workers, or teen workers, or make any substantive changes to minimum wage law, except increasing the wage.

Sole Proprietorship to S-Corp:

Choosing What Works for You – Corporations 

In the last installment of our three-part series on choosing the right business structure for you, we look at corporations.  C Corp, S Corp and LLC, what are the advantages and disadvantages?
Q&A: Lender Considerations in Perfecting Security Interests in Illinois Land Trusts

Often, just having a security agreement is not enough.  Many states, Illinois included, require perfection of the security interest to enforce it against third parties.  What considerations should a lender keep in mind?

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ILLINOIS   

216 S. Jefferson Street

Suite 504

Chicago, IL 60661

312.382.1600

WISCONSIN

10411 Corporate Drive

Suite 100

Pleasant Prairie, WI 53158

262.857.1600

 

    

     

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The Carlson Dash Digest

October 2014 / Vol. I

Carlson Dash is pleased to present the first issue of its monthly legal news you can use newsletter! Our goal is to provide practical, relevant and topical content to our clients and peers. Because we want this newsletter to be something you look forward to each month and use as a practical resource, reader feedback is encouraged. If there is a topic that interests you that has not been covered, drop us a line and we will be sure to cover it in a future issue, or offline.

October Topics

  • Sole Proprietorship to S-Corp: Choosing What Works for You (Part 1)
  • Lender Liability: “Public Accommodations” in Non-Residential Foreclosures
  • Wisconsin: Payoff Statements and Security Satisfaction

Growing to Meet Your Needs! 

Jeffrey Altshul and David Kabat have recently joined Carlson Dash. Jeff’s practice focuses on financial transactions and litigation matters representing commercial banks, corporate finance companies, hedge funds, investors, agents and creditors locally and nationally. David focuses his practice on construction and real estate law, commercial litigation and creditors’ rights.

IMN’s 4th Annual
Bank & Financial Institutions Special Assets
Executive Conference on Real Estate Workouts (Midwest)
Carlson Dash was proud to sponsor IMN’s 4th Annual Bank & Financial Institutions Special Assets Executive Conference on Real Estate Workouts (Midwest) last month in Chicago. The firm’s managing partner, Kurt M. Carlson, was a panelist in the session titled Litigation & Defense Lesson Learned: What a Workout Officer Needs to Know.
IMN was founded in 1994 and is a global organizer of institutional finance, investment and healthcare IT conferences. According to their website, hallmarks of an IMN conference are a quality and rigorously vetted speaking faculty, interactive panel discussion and a balanced audience composition which facilitates excellent networking opportunities. For more information on IMN please visit IMN’s website.

Lawyers Lend-A-Hand to Youth’s
11th Annual My Hero Awards

On September 16, 2014, the 11th Annual My Hero Awards ceremony was held by Lawyers Lend-A-Hand to Youth. This event is an annual celebration honoring lawyers, judges, law firms, and businesses who have demonstrated a commitment to community service and mentoring. The chair of this year’s event was our very own, Autumn L. Sharp. Autumn is also a past recipient of a My Hero Award (2011) in recognition for her work with Cabrini Connections as a mentor/tutor.

The audience gathered to honor the success of this year’s honorees and included many heroes, including celebrated broadcaster and author Merri Dee, along with lawyers, federal and state court judges and other prominent Chicagoans who have all served as mentors and inspirations to youth throughout the metropolitan area.

Carlson Dash would like to congratulate this year’s My Hero Award recipients:

  • Steve J. Gavin – Making a Difference Award
  • US Equities Realty, LLC – Corporate Partnership of the Year Award
  • Hon. Timothy C. Evans – Judge Marovitz Mentoring Award

Thank you for your commitment to the importance of mentoring and ensuring that all youth in Chicago have the opportunity to succeed!

For more information on this year’s honorees and Lawyers Lend-A-Hand to Youth please visit Lawyers Lend-A-Hand’s website.

Sole Proprietorship to S-Corp: Choosing What Works for You (Part 1)

You’re following your dreams and you’re starting your own business. Should you form a sole proprietorship, an S-Corp, an LLC or one of several other available formation entities? Which choice is best for you?
Lender Liability “Public Accommodations” in Non-Residential Foreclosures
Under the Americans with Disabilities Act, a lender that acquires ownership of real estate through foreclosure is required to provide goods, services and access to people with disabilities. Are you in compliance?
Wisconsin: Payoff Statements and Security Satisfaction

Wisconsin banks and other lenders now have to meet a borrower’s request for a payoff statement and file evidence of satisfaction of a security instrument within a limited period of time. What should you do to avoid penalties for non-compliance?

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ILLINOIS   
216 S. Jefferson Street
Suite 504
Chicago, IL 60661
312.382.1600WISCONSIN
10411 Corporate Drive
Suite 100
Pleasant Prairie, WI 53158
262.857.1600

    
     
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Carlson Dash Digest – November 2014

 

 

The Carlson Dash Digest

November 2014 / Vol. 2

During this season of thanks, we would like to take a moment to thank all of our clients and colleagues. We are proud of the firm we have built, our partnerships with our clients, and we greatly appreciate everyone’s ongoing support. On behalf of everyone at Carlson Dash, we wish you and yours a very Happy Thanksgiving.

We had a great response to our inaugural issue of The Carlson Dash Digest last month and look forward to bringing you “legal news you can use” each month! Our goal is to provide practical, relevant and topical content to our clients and peers. We hope you find The Digest to be a practical resource and we encourage reader feedback. If there is a topic that interests you that has not been covered, drop us a line and we will be sure to cover it in a future issue, or offline.

November Topics

  • Sole Proprietorship to S-Corp: Choosing What Works for You – Partnerships (Part 2)
  • Contract Terms: Analyzing the Technical vs. Practical Impact
  • Anatomy of a Business Assets Auction
Carlson Dash Wins Illinois Court of Appeals Case That
Expands Bank Litigation and Settlement Rights
Carlson Dash is proud to have won an appellate court case, on behalf of its bank client, that was appealed to the Illinois Supreme Court by the defendants in the case. The result of this published appellate decision will encourage parties to engage in those types of communications designed to foster settlement, even in the context of active litigation.The case underscores the importance of bank’s counsel taking an active and leading role in the settlement dialogue in order to protect banks from spurious claims by defendants who may try to use that which is said during settlement discussions against the bank.

Read the full decision on Van Pelt Construction Co. v. BMO Harris Bank, N.A., 2014 IL App (1st) 121661, 380 Ill.Dec. 384, 8 N.E. 3d 554.

Construction Contracts: The Boiler Plate That Gives You Fits

On October 24, 2014, James Dash was a featured speaker at an Illinois State Bar Association (ISBA) seminar at Northern Illinois University College of Law entitled “Construction Contracts: The Boiler Plate That Gives You Fits.”   The seminar addressed common construction contract terms and recurring issues that often arise in those contracts.  Jim’s segment, “The Devil is in the Details,” focused on the importance of paying attention to detail and included the topics of “pay when/if paid” and “no damage for delay” clauses and delay damages.

Jim’s practice focuses on real estate-related litigation, with an emphasis on construction (including mechanics lien claims), as well as title insurance defense work. Jim’s clients include a number of companies whose businesses are in, or related to, the real estate, title insurance and construction industries. For a list of upcoming ISBA seminars, please visit http://www.isba.org/events.

Legal Tidbits

Ignorantia juris non excusat is a Latin term the legal profession has embraced which generally means that ignorance of the law is no excuse for violating the law. If one walks into any courthouse in the United States on any given day, it is quite likely that a judge will be heard using that legal principle to explain to a perplexed-looking party why he is ruling against them. Yes, one is presumed to know the law. That principle was advanced back in the day when attorneys became attorneys by “reading the law” while serving as an apprentice, like any other tradesman.

However, in the United States, we have more laws than one can count, let alone read. For instance, in 1936 the number of pages in the Federal Register, which serves as the catalog for federal laws, was about 2,600. Today, the Federal Register is over 80,000 pages long.  For sake of perspective, War and Peace is only 1,440 pages long. And the 80,000 pages does not include a listing of any state or municipal laws, and each unit of government has hundreds (if not thousands) of its own laws.

So, if someone tells you that ignorance of the law is not an excuse, you might want to ask them if they are aware of the number of the laws on the books. Therefore, how can anyone be anything other than ignorant of most laws? It would be refreshing to see our elected officials reverse course and run on platforms of reducing the number of laws on the books.

Sole Proprietorship to S-Corp:
Choosing What Works for You – Partnerships 

Last month, we explored some of the benefits and detriments of forming and operating your business as a sole proprietorship.  This month, we discuss various partnerships, which may be a better option for you if “more is merrier.” Which choice is best for you?
Contract Terms: Analyzing the Technical vs. Practical Impact

All too often we run into situations when our clients’ contracts, specifically and expressly provide for one thing, while our common sense tells us that we should do the opposite. What is the key to managing risk?
Anatomy of a Business Assets Auction
In a time when banks and borrowers increasingly use auctions to dispose of assets, well-conceived bid procedures are the key to turning a ho-hum auction into an effective liquidation or even, in rare cases, a bar burner. Read SK Hand Tool Corporation’s success story.

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Carlson Dash, LLC 
ILLINOIS   
216 S. Jefferson Street
Suite 504
Chicago, IL 60661
312.382.1600WISCONSIN
10411 Corporate Drive
Suite 100
Pleasant Prairie, WI 53158
262.857.1600

 

    
     
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