Unfortunately, litigation or the threat of litigation is a fact of life for all businesses. One of the costliest parts of any lawsuit is discovery – the exchange of information and documents relevant to the issues involved. Today, most information is kept in some type of electronic
format. New federal rules have been established to deal with the specific issues involving production of electronically stored information. In addition, some state courts have already adopted these new rules, and it is expected that most courts will adopt similar rules.

Electronic information includes, for example, e-mail and attachments, databases, text documents, spreadsheets, instant and text messages, and digital voicemail messages. Electronic discovery (“EDiscovery”) requirements can be onerous because of the way that
electronic information is created, modified, stored, communicated, and deleted throughout a business’ computer system. It is estimated ... read more

Estate tax laws are transitory and will likely change in the future.  The current federal estate tax exemption is $2,000,000 and it is scheduled to increase to $3,500,000 in 2009.  There is an unlimited exemption amount for one year - 2010, then the exemption is scheduled to be reduced to $1,000,000 in 2011 but there has been a recent proposal to keep the exemption at $3,500,000.  Despite the transitory nature of the estate tax law, a well-structured estate plan requires certain essential elements.

Read the entire article on Estate Planning Essentials

The internal revenue service pays careful attention to whether an employer has properly classified its workers as independent contractors or employees.  As important as the question is, there is no simple answer.  In fact, the IRS' training materials on the subject, which it uses to train its examiners runs a mere 160  pages.

There are however, some  general guidelines that every employer can and should follow in order to avoid incorrectly classifying its workers.

Read the entire article on classifying independent contractors.

We receive a significant number of inquiries from our clients regarding employment issues.  Although employers often feel employees are taking advantage of them by bringing employment related clamins, the truth is that many employers make common mistakes in managing their business.  Here are the top ten errors made by employers, all of which can be easily avoided.

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The general rule is that an employee is an employee “at-will.” This means that the employment relationship may be terminated at any time by either the employer or the employee, with or without cause, for any reason or no reason.  Thus, employees are free to change jobs, and employers are free to make changes in their workforce as necessary in order to meet their business’ needs.

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A real estate lease is a long legal document designed to protect the landlord. Although landlords are often reluctant to revise a pre-printed lease form, they will consider an addendum or rider to the lease. In order to negotiate an appropriate lease it is important to ask the proper questions. This can be done even before you ask your corporate attorney to review the lease.

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Your doggedness and proficiency on behalf of a national manufacturer have finally paid off. After thirteen years of steadily increasing sales up and down your Eastern seaboard territory, Rodney, the manufacturer’s General Sales Manager, recognizes your dedication and pays you your due by expanding your sales territory to include "everything East of the Mississippi." For the first time, Rodney even invites you to dinner with the company’s COO, to whom you’re accorded the introduction, intended as praise, "Felix, meet the sales rep who never missed a sales call, and probably never made a kid’s birthday."   more »

The recently enacted Jobs and Growth Tax Relief Reconciliation Act of 2003 contains numerous provisions designed to stimulate the economy through tax reduction. Among the provisions decreasing Federal taxes is a reduction in the tax on corporate dividends received by individuals and certain other shareholders. This reduction in the dividend tax rate presents an opportunity for some closely-held businesses and their owners to reduce their overall tax obligation by reducing shareholder salaries and paying a corporate dividend in its place.   more »

All too often attorneys get inquiries from sales reps who have just received notice that one of their principals has filed for bankruptcy. Invariably, their first question is whether they will get paid the back commissions owed to them. Unfortunately, there is no simple answer, for bankruptcy cases involve many variables and technical   more »

The second installment of the 2004 tax bill has been mailed to Cook County tax payers.  It is no longer necessary to pay your taxes under protest to appeal your tax rate.  You should pay your 2004 second installment tax bill directly to the Cook County Collector on or before November 1, 2005.  However, some of our clients, based on past custom, desire our office to pay their second installment tax bill.

Please do the the following if you desire our office to pay your 2004 second installment tax bill:  more »

The Issue

All too often we get inquiries from clients who have just received notice that one of their customers has filed for bankruptcy.  Invariable, their first question is whether they will get paid the amounts owed to them.  Unfortunately there is no simple answer, for bankruptcy cases involve many variables and technical issues which are controlled by the voluminous United States Bankruptcy Code ... read more »