Chicago's Legal Latte

The Taxpayer Advocate Service, an ombudsman for the IRS, is responsible for assisting taxpayers in resolving certain problems with the IRS, including financial hardships, significant costs and delays, and lack of communication from the IRS. The Advocate presents an annual report to Congress identifying systemic problems that exist within the IRS and, to the extent possible, proposing changes in its administrative practices and identifying potential legislative changes that may mitigate such problems. This podcast with attorney Joshua Nesser will discuss the Advocate’s 2015 report and how it will affect taxpayers.

If you are considering filing a lawsuit or have been named as a defendant in a pending litigation case, it is important to be aware of alternative methods to resolve the conflict besides trial.  Mediation and arbitration are alternative ways to resolve lawsuits – This podcast with Lance Ziebell will explore both alternatives, explaining each, how they work and the benefits.

Black's Law Dictionary defines "Expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository."  This podcast with James Doerr of Lavelle Law will be to provide the listener with a brief overview of the expungement process in Cook County.  We will cover the legal benefits of expungement, the cases that are eligible to be expunged, the legal standards the presiding judge will use in deciding whether or not to grant the petition, the discretion the judge has in this process, the treatment of felony versus misdemeanor cases, and the general filing process that must be followed in the filing of these petitions with the Circuit Clerk of Cook County. 

Not every business benefits from corporate or LLC protection.  Tune in for this podcast with James Voigt of Lavelle Law to find out whether your business model actually gains a tangible benefit from incorporation or forming an LLC.

As of May 20, 2014, all corporations at administrative hearings must be represented by counsel.  Previously individuals could represent corporations, LLC’s, entities, etc. at administrative hearings.  A common administrative hearing relates to an overweight truck violation.  This podcast with Jennifer Burt will discuss overweight truck violations and how our office can be of assistance in appearing on your behalf. 

Employers are not the only ones demanding social media passwords – schools are doing so too.  There has been lots of media attention about this – resulting in a surge of legislative activity on the issue.  In Illinois, a new law went into effect this year allowing school officials to have access to passwords to students’ social media accounts in certain situations.  The concern, of course, is how this impacts a student’s right to privacy under the Constitution and state laws.  This podcast with Kelly Anderson will explore the new law and how it could affect your children.

The business judgment rule is a presumption that directors of a corporation or those who manage other entities make business decisions on an informed basis, in good faith, and with the honest belief that the course taken was in the best interest of the entity.  This podcast with Steven Migala explores the business judgment rule and explains its meaning and significance to those who serve as directors of corporations and who manage limited liability companies.

You’ve probably heard about the benefits of the different types of trusts that can be created in estate planning.  But your work isn’t done just because you’ve finalized and signed your trust.  For a trust to function property, it must be “funded.”  But what does it mean to “fund” a trust, and why is the funding process so important?  This podcast with Heather Walser will answer these questions and more. 

Taxpayers who owe money to the IRS should try to actively resolve their debt.  The IRS has many options from Offers in Compromise to Installment Agreements designed in order provide taxpayers with a fresh start.  If you currently have extensive tax debt and feel that you would benefit from the relief offered by the IRS, tune in to this podcast with Timothy Hughes of Lavelle Law to learn more about the options available to reduce or eliminate your tax debt. 

Boaters face punishment of a class A misdemeanor 364 days jail, $2,500 fines for operating a watercraft (boating) under the influence.  Boaters have less protections than motorists in that they can be stopped without a reasonable and articulable suspicion of wrongdoing.  Boaters can be stopped and boarded for license and safety checks without probable cause.  How are Standardized Field Sobriety tests conducted?  Will this impact your driver’s license?  What about a statutory summary suspension?  What effect will an out-of-state violation of this nature have in Illinois?  These issues will be discussed in this podcast with criminal attorney, James Doerr of Lavelle Law, Ltd.

What if you are an employer and you shared confidential information, such as client lists with an employee and now the employee is contacting your clients and starting up a competitive business?  What if a competitor named their business the same or similar name of your business?  What if you find out that a lessee is absconding with your vehicles that you leased to them?  In these situations, you need immediate relief, so what can you do?  You can file a temporary restraining order and ask the Court to enter an order stopping that person from doing whatever it is that is harming you now until you can have a full hearing on the matter.  A temporary restraining order (“TRO”) is an equitable remedy that is issued in exceptional and emergency situations when it is necessary to preserve the status quo until the court has an opportunity to rule on a motion for preliminary injunction.  This podcast with Jennifer Burt of Lavelle Law will explore temporary restraining orders and how you can utilize them. 

In the past several years – the use of social networking has exploded.  While much of the technology provides incredible opportunities for businesses – there are also potential legal pitfalls for employers.  Employers and employees need to be aware of the disadvantages of participating in social networking in the workplace.  This podcast with Kelly Anderson of Lavelle Law, Ltd. will outline those disadvantages and offer insight to employers on what to expect.

One strategy to keep good employees long term is to offer them stock in your company.  This must be done with care to avoid giving away control in the company, and to properly manage the tax result.  This podcast with James D. Voigt of Lavelle Law, Ltd. will explore the options and procedures involved in launching a stock reward program for your employees.  

Did you know the State of Illinois offers up to a 25% state income tax credit to businesses and individuals who make investments in qualified new business ventures?  The Illinois Angel Investment Credit Program (“Program”) is designed to attract and encourage investment in early-stage, innovative companies.  Listen to this podcast with Steven Migala of Lavelle Law, Ltd. to learn about the Program's details.

Planning a vacation without the kids?  Finding a babysitter isn’t all you need to do.  Make sure you’ve planned appropriately by appointing a Short Term Guardian.  This podcast with Heather Walser of Lavelle Law, Ltd. will explore the various uses and advantages of establishing short term guardianship for your children.