I’m proud to announce that I’ve now been admitted to all three federal district courts in Illinois. Although I practice primarily in state courts, I want to be prepared for my clients in case an issue arises in their life or business that will require a federal court appearance. I’m excited to have these credentials to better serve my Illinois …
Agriculture Law: Overview of Farm Labor Law Issues
[slideshare id=86116441&doc=farmlaborlaws-whatyouneedtoknow-180113203306] I gave this presentation last week at the Illinois Specialty Crops, Agri-Tourism and Organic Conference in Springfield, Illinois. It gives an overview of labor and employment law issues that affect farms and small to mid-sized agribusinesses. It discuss employee vs. independent contractor classifications, unpaid labor, hiring practices, minimum wage and overtime, child labor, Family Medical Leave Act, employment …
New York Matrimonial Law: Forensic Accountants and Closely Held-Businesses
A forensic accountant is a useful tool in divorces, especially where there is a closely-held business. Many times, these are family businesses or businesses where the person works individually. Unfortunately, a closely-held business is often a way for a spouse to hide assets. Having a closely-held business can enable a spouse to take additional income by: (1) paying personal debts …
New York Matrimonial Law: Service by Publication
In a divorce, it sometimes is “impossible” to find and personally serve the defendant-spouse. After other efforts have been made, service by publication may be used as a last resort after “diligent” searching by other methods under CPLR 315. Service by publication is time consuming and may be costly. A poor person’s fee waiver for certain court filing fees is …
Illinois Family Law: Duration of Spousal Maintenance in a Divorce
Once it is established that a spouse will be granted maintenance, the next question is: for how long? There’s not much guess work when it comes to the duration of maintenance because it is calculated under 750 ILCS 504(b-1)(1)(B) by a formula. The length of the marriage is multiplied by: • 20% if the marriage was for 5 years or …
Business Law: General Release for Video-Tapped Testimonials
My office just drafted a simple general release form for an agri-business client seeking permission to videotape client testimonials and use the recordings online. I think it’s a great idea to have a simple consent form to use for these types of situations where video-taped, audio-recorded and/or written testimonials are used in marketing materials. I suggest having language about the …
Farm Estate and Succession Planning
Farm Estate and Succession Planning from Cari Rincker I am excited to be speaking to the Indiana Master Class tonight on farm estate and succession planning. You cannot really talk about farm estate planning without also discussing business planning. To me, all three concepts are intertwined. Here is my powerpoint presentation. I’m passionate about helping farm families through transitions in …
Illinois Family Law: Is Adultery a Ground for Divorce?
People oftentimes come into my office asking me this question. As of January 1, 2016, there are no more “fault-based grounds” for divorce in Illinois. Under 750 ILCS § 401 dissolution of marriage is based on irreconcilable differences only. Specifically, it must be alleged that: 1) There is an irretrievable breakdown of the marriage; 2) Efforts at reconciliation have failed; …
Illinois Family Law: Business Interests in a Divorce
A business is an asset. Just because one spouse acquired a business interest before the marriage does not mean that it, or part of it, is not going to be considered marital property. In Illinois, business interest is subject to equitable distribution if: • the business ownership was acquired during the marriage; • there was an increase in value of …
New York Family Law: Retired Pay and Military Divorce
Members of the armed forces can be of various ranks, earning varying salaries. Accordingly, military “retired pay”, similar to a pension, is a valuable (marital) asset. Retired pay is the money a retired military personnel receives every year after retirement until his or her death. Retired pay is paid by the Defense Financing & Accounting Services (“DFAS”). If the former …