The attorneys in our Estate Planning and Administration group are specialized in all aspects of counseling and preparing customized estate plans for our individual and closely held business clients. They work closely with each family to help define their goals. They then utilize their experience and technology to provide the appropriate means toward that goal – from a basic estate plan for an individual through a more complex business succession plan.
Our attorneys utilize a variety of individualized options such as wills, powers of attorney, revocable and irrevocable trusts, marital trusts, charitable trusts, family limited partnerships and special needs trusts for disabled children and adults. Usually several options are presented to the client who can choose the cost and level of complexity that suits them.
The primary reason people give for estate planning is to ensure their final wishes about the distribution of their assets are carried out. Examples of final wishes you may include in a will are how and where to bury you, how to dispose of your personal property and what to do with the family home. Once you begin including other factors, such as tax planning, the desire for keeping your financial affairs private or handling multiple real estate holdings, your estate plan becomes more complex.
McKenna Storer is proud to announce the naming of attorney Paul S. Steinhofer as its newest partner. Paul is a highly skilled litigator with an impressive record of success on behalf of the clients he has represented in numerous jury trials to verdict. As an integral member of the McKenna toxic tort team, Paul focuses on litigation defense matters involving catastrophic loss, product liability, toxic torts and construction, including his successful defense of clients in asbestos and benzene exposure cases. Joining McKenna in 2008, Paul brought with him extensive litigation experience and skills honed through years of preparing and trying cases as both a criminal prosecutor and an insurance defense litigator.
E-mail marketing is a key component of most digital marketing strategies. One study measured the return on investment for e-mail marketing at 28.5% compared to 7% for direct mail. According to a different study by McKensey, the average order value is three times higher for e-mail marketing than for social media. Considering these statistics, along with the fact that the number of e-mail users worldwide is expected to reach 3 billion by 2020, e-mail marketing is clearly an important resource for businesses seeking to generate additional revenue. However, to effectively utilize an e-mail marketing campaign, businesses must comply with the applicable law regulating this activity, specifically the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act).
There are many steps that a company should take to prepare for a data breach. As , one of the most important steps is to hire outside legal counsel. Not only will outside legal counsel advise the company how to comply with applicable legal requirements, but establishing a relationship with outside legal counsel will allow the company to shield certain communications that were made for the purpose of obtaining legal advice through the application of the attorney-client privilege.
On January 1, 2017, the Illinois Employee Sick Leave Act went into effect. It requires employers to allow employees to use their personal sick leave benefits for absences due to an illness, injury or medical appointment of the employee’s child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent. The same terms would apply as if it were the employee taking time off for the employee’s own medical needs.
In determining insurance coverage, an insurer’s duty to defend its insured is much broader than its duty to indemnify. In order to determine whether the insurer’s duty to defend has arisen, the court must compare the allegations of the underlying complaint to the policy language. Those allegations must be liberally construed in favor of the insured. If the court determines the allegations fall within, or potentially within, the policy’s coverage, the insurer has a duty to defend the insured against the underlying complaint. Outboard Marine Corporation v. Liberty Mutual Insurance Company, 154 Ill.2d 90, 125, (Ill. 1992) (citations omitted). If the underlying complaint alleges several theories of recovery against the insured, the duty to defend arises even if only one such theory is within the potential coverage of the policy. United States Fidelity & Guaranty Co. v. Wilkin Insulation Co., 144 Ill.2d 64, 74 (Ill. 1991).
Whether there is insurance coverage for a loss known by the insured prior to purchasing an insurance policy depends on several factual issues. By its very nature, insurance is fundamentally based on contingent risks which may or may not occur. One dictionary defines “insurance” as “a contract whereby one undertakes to indemnify another against loss, damage, or liability arising from an unknown or contingent event and is applicable only to some contingency or act to occur in the future.” The risk ceases to be contingent and becomes a probable or known loss when the insured knows or has reason to know when purchasing a commercial general liability policy that there is a substantial probability that it will suffer or has already suffered a loss. Under such circumstances, the loss is uninsurable under that policy unless the insurer otherwise agrees because the “risk of liability is no longer unknown.” Therefore, the insurer has no duty to defend or indemnify the insured with respect to the known loss unless the parties intended the known loss to be covered. Outboard Marine Corporation v. Liberty Mutual Insurance Co., 154 Ill.2d 90, 103-104 (Ill. 1992) (citations omitted).
In Illinois insurance coverage actions, an insurer can be estopped from asserting any policy defenses to coverage if the insurance company fails to take proper action. The general rule of estoppel provides that an insurer taking the position that a complaint potentially alleging coverage under a policy that includes a duty to defend may not simply refuse to defend the insured by declaring it not to be covered under the policy. Rather, the insurer has two options: (1) defend the suit under a reservation of rights or (2) seek a declaratory judgment that coverage does not exist. If the insurer fails to take either of these steps and is later found to have wrongfully denied coverage, the insurer is estopped from raising policy defenses to coverage. Employers Insurance of Wausau v. Ehlco Liquidating Trust, 186 Ill.2d 127, 150 (1999).
Talc seems harmless enough. It is used in countless cosmetics and is a staple for infant care. Known as the “world’s softest mineral,” talc is mined from the ground like any other mineral. However, increasing evidence is showing that mined talc can be intermingled with asbestos. Recent court decisions throughout the country could be an indication of the addition of talc-related cases handled by attorneys practicing mass tort litigation defense.
The daily challenges of operating a business in a competitive marketplace as a sole proprietor can become overwhelming. If you are a sole proprietor with more debt than you can comfortably handle, a Chapter 13 bankruptcy might offer you the debt relief needed to put things back in order.