Chicago's Legal Latte
354 episodes - English - Latest episode: about 2 months ago - ★★★★★ - 2 ratingsThe attorneys of Lavelle Law Ltd. address a variety of legal topics.
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Episodes
Differences between administrative and court proceedings
April 01, 2013 21:00 - 15 minutes - 3.42 MBWhile administrative and judicial proceedings have some similarities, the differences between the two are important to recognize as they may affect the outcome of your case.
Uses of Experts in Business Cases
March 19, 2013 21:00 - 16 minutes - 3.48 MBWhat is an expert witness in a litigation case and when do I need one?
Trademark Basics
March 12, 2013 21:00 - 16 minutes - 3.47 MBOperators of businesses go to great lengths to protect their inventory, equipment and other physical assets. However, many overlook a very important asset, leaving it vulnerable to theft. A failure to protect this asset could cost the business much in profits. The asset I am talking about is trademarks. A trademark is any name, phrase, design or color that is used to identify the source of goods or services. Owners of a trademark should take certain steps in order to maximize the value ...
Illinois Shoplifting Law and Civil Liability
March 05, 2013 22:00 - 15 minutes - 3.4 MBRetail theft is a serious crime in Illinois and the law imposes harsh penalties on anyone who is caught stealing from any stores. The statute in Illinois governing the criminal offense of retail theft is 720 ILCS 5/16-25. Anyone who is charged with retail theft for the first time is likely to be surprised at how easily this offense becomes a felony. Shoplifting is widespread in retail establishments particularly because the theft can occur in many different ways.
Creditor’s Rights and LLC Interests
February 26, 2013 22:00 - 14 minutes - 2.99 MBThe charging order described in the Illinois Limited Liability Company Act (“Act”) is the exclusive remedy by which a judgment creditor of a member may satisfy a judgment out of the member’s interest in the LLC. This podcast will explain how a creditor may proceed under the Act to satisfy its judgment against the membership interest of a judgment debtor.
The Pitfalls of Do-It-Yourself Estate Planning
February 19, 2013 22:00 - 16 minutes - 3.51 MBHave you ever considered doing your own estate plan? You may think to yourself, "I know where I want all my assets to go, how hard can it be?" While it may be tempting, and cheaper in the short run than working with an attorney, often with do-it-yourself estate planning kits or software, the old adage is true -- you really do "get what you pay for." Don't let a pre-packaged will kit jeopardize the life you've worked so hard to build for yourself, your business, or your loved ones.
Bankruptcy Ch. 7 vs. Ch. 13
February 12, 2013 22:00 - 16 minutes - 3.5 MBThis podcast will discuss how an individual’s income may prevent them from filing chapter 7 and “force” them to file a chapter 13.
What is divorce mediation?
February 05, 2013 22:00 - 16 minutes - 3.44 MBThis podcast will explore the use of mediation in a divorce proceeding and will also discuss the “pros” and “cons” in using mediation.
Foreclosure Litigation: Can you stay in your home?
January 29, 2013 22:00 - 16 minutes - 3.5 MBWhen home owners haven’t made their mortgage payments, they sometimes think that having their home fall into a foreclosure means they will soon be evicted from their residence. That’s not the case. Foreclosure cases can drag on for a year or more, all while the defendant still resides in his home. This podcast will discuss strategies for foreclosure litigation and the length of time a defendant can reside in a home that is subject to foreclosure.
Innocent Spouse Relief
January 15, 2013 22:00 - 16 minutes - 3.46 MBMarried taxpayers often choose to file a joint tax return because of certain benefits and the convenience of doing. When a joint return is filed, both taxpayers are jointly and severally liable for the tax and any additions to it that may arise, such as interest or penalties. This is the case even if one of the spouses earned all of the income and/or was responsible for taxes going unreported or unpaid, and even if the couple later divorces. However, in certain cases, “innocent spouses,” who ...
Getting an “unconditional commitment” – the loan approval pr
January 08, 2013 22:00 - 15 minutes - 3.44 MB“Pre-approvals” don’t mean anything, when it boils down to it. The golden ticket to getting a mortgage loan right now – is something called an “unconditional commitment.” It doesn’t matter that your lender tells you that you are pre-approved. All that really means is that your mortgage broker is going to do their best to get you a loan. It doesn’t guarantee anything. Instead – what you’re waiting to hear, after a long and frustrating, paper-littered process, is that you have an unconditi...
De-bunking the Delaware Myth
December 27, 2012 22:00 - 16 minutes - 3.45 MBDe-bunking the Delaware Myth: why Delaware or other foreign jurisdictions may NOT be the right choice for your business UPFRONT KEY POINT: This analysis applies to small closely held companies only. Not large corporations.
Obtaining a TRO against former employee for breaching your e
December 18, 2012 22:00 - 15 minutes - 3.42 MBThe basics of drafting and enforcing a quality employment agreement
Understanding Unemployment Claims
December 13, 2012 22:00 - 15 minutes - 3.43 MBHow should employers respond to unemployment compensation claims? This podcast will walk employers, and employees, through the Illinois Department of Employment Security’s unemployment claim procedure.
Due diligence in business purchases
December 04, 2012 22:00 - 16 minutes - 3.44 MBPurchasing a business presents many difficult issues. But foremost among them is whether or not the business that you are about to acquire is worth the price negotiated. Like checking under the hood when purchasing a car, a buyer of any business must undertake due diligence upon any business.
Orders of Protection: Burdens of proof and hearing process
November 27, 2012 22:00 - 16 minutes - 3.47 MBThe Illinois Domestic Violence Act ("IDVA") Is a law that relates specifically to family and house-hold members. Under IDVA, a circuit court judge can order and forbid a family or household member from continuous abusive behavior by granting an Order of Protection. An order of protection is a court order which restricts an abuser and only is available to family or household members.
How do I modify my custody judgment?
November 19, 2012 19:00 - 15 minutes - 3.43 MBWhether custody has been awarded through a divorce or paternity case, this podcast will address the basics of seeking a change of a custody arrangement.
Legal and Financial Planning in the Wake of an Alzheimer’s D
November 13, 2012 20:00 - 16 minutes - 3.44 MBIf you or a loved one have been diagnosed with Alzheimer’s Disease, dementia, or another illness that will ultimately affect mental capacity, you are sure to face many challenges. While navigating a staggering array of medical treatment options and decisions will likely be your primary focus in the wake of diagnosis, it is also critical to consider the legal and financial implications of the disease. If you or your family are facing a diagnosis of Alzheimer’s or another similar disease, don’...
Discharge of Taxes in Bankruptcy
November 06, 2012 22:00 - 16 minutes - 3.46 MBSome taxes can be discharged in a bankruptcy. That tax debt that you find insurmountable to pay off maybe able to be discharged in a bankruptcy.
Health Care Receivables Financing Podcast
October 30, 2012 21:00 - 17 minutes - 3.79 MBMedicare continues to reduce reimbursements to home health care companies. Moreover Medicare also slows down the pace of reimbursements due to Additional Document Requests. Simply put, there is more and more pressure on home health care companies to have access to cash flow. Without it, home health care companies fall behind on their day to day payables that could jeopardize their entire operation. Finding a lender who can factor Medicare receivables is a potential solution.
Business Owners - Don't be Fooled by Common Scams
October 24, 2012 21:00 - 16 minutes - 3.48 MBJim Voigt and Cameron Monti will be discussing common scams that target business owners and their companies.
Attorneys fees: When can they be recovered in a lawsuit?
October 23, 2012 21:00 - 16 minutes - 3.44 MBWhen clients consider whether to commence litigation to resolve a dispute, the first question they often have is “can I recover my attorneys fees?” This is often an important consideration, because litigation costs can mount quickly, while recovery can remain uncertain. We will explore the different ways in which attorneys fees can be recovered in a lawsuit, and how to protect yourself to allow for attorneys fees recovery in the future.
The New-New world of Non-Compete Agreements - Part 2
October 16, 2012 21:00 - 16 minutes - 3.45 MBFind out if your current non-compete is enforceable after major Illinois Supreme Court decision sets new standards. Part 2 to follow the Podcast on 9/25/12.
Security Deposits and Residential Landlord-Tenant Laws
October 09, 2012 21:00 - 16 minutes - 3.49 MBIt is important for both residential landlords and tenants to understand the various local and state laws that apply to their contractual relationship. In this podcast, we will focus on these laws, and specifically those set forth in the Chicago Residential Landlord Tenant Ordinance, as well as the penalties landlords and tenants may face for failure to comply with these requirements
The Civil Union Act a Year Later
October 02, 2012 21:00 - 16 minutes - 3.47 MBLawmakers intended for same sex couples in civil unions to be treated identically to heterosexual couples in marriages when they passed the Illinois Religious Freedom Protection and Civil Union Act, which took effect on June 1, 2011. Almost 5000 couples entered into civil unions during this first year. But during the course of the year, through a study conducted by Equality Illinois, it was found that couples in civil unions definitely aren’t being treated equally yet. There is a long way...
The New-New world of Non-Compete Agreements as the “Reliable
September 25, 2012 21:00 - 16 minutes - 3.47 MBFind out if your current non-compete is enforceable after major Illinois Supreme Court decision sets new standards.
Remedies for minority shareholders under IL Business Corp Ac
September 18, 2012 21:00 - 16 minutes - 3.45 MBImportant information in regards to the Illinois Business Corporation Act, Section 12.56. What is it and how does it apply to you?
Alternatives to Foreclosure
September 11, 2012 21:00 - 16 minutes - 3.56 MBThere are alternatives to going all the way through a foreclosure and you need to know what those options are.
Negotiating Commercial Leases
September 04, 2012 21:00 - 16 minutes - 3.45 MBThis is a podcast designed to address the basic issues that are encountered when negotiating a commercial lease. In this economic climate, prospective tenants have a significant amount of leverage. Therefore, it is important that they use that to their advantage. And the issues extend beyond the rental amount.
Proffer Agreements in Federal Court and types of Immunity
August 28, 2012 21:00 - 15 minutes - 3.43 MBWe have mainly focused on state crimes in these podcasts, but today we are going to talk about prosecutions in federal court, and the role of a cooperating witness or defendant.
How do divorce courts address payment of college expenses fo
August 21, 2012 21:00 - 15 minutes - 3.41 MBThis podcast will discuss how Illinois courts address contribution by parent to their children’s college expenses after child support obligations have terminated.
Changes in the Illinois Medicaid Laws and Application Proces
August 14, 2012 21:00 - 15 minutes - 3.43 MBIn an effort to shore up its massive budget deficits, the State of Illinois recently proposed and passed $1.6 billion in cuts to the state Medicaid program. In an historic 5-4 ruling on June 28th, the Supreme Court upheld the Patient Protection and Affordable Care Act (also known as "ObamaCare"). Along with the individual mandate requiring individuals to have health insurance, the Act provided sweeping expansions of the Medicaid program and increased the number of individuals the States m...
New Offer in Compromise Rules
August 07, 2012 21:00 - 16 minutes - 3.46 MBOn May 21st of this year the IRS made significant changes to its Offer in Compromise program effecting individual & corporate taxpayers. This podcast will explore the impact of the IRS changes to corporate taxpayers.
What factors are considered in determining which parent gets
August 06, 2012 21:00 - 16 minutes - 3.45 MBMany people going through a divorce wonder first about which spouse will be granted custody of the children. There is much confusion among divorcing spouses about which factors come into play in determining which parent shall have which type of custody. This podcast addresses the elements of each type of custody, and what factors are used to determine how custody is awarded to each parent.
Manager-Managed vs. Member-Managed LLCs
July 31, 2012 21:00 - 16 minutes - 3.49 MBUnder the Illinois Limited Liability Company Act, Illinois limited liability companies (LLCs) may be member-managed or manager-managed. This podcast will explain the differing roles of manager and member in an LLC, explain how the management election is made, and the consequences attendant in each choice. The podcast will conclude with a preferred choice of management structure.
Retail Theft's stricter punishment
July 17, 2012 21:00 - 15 minutes - 3.43 MBShoplifting is a serious crime in Illinois and the law imposes harsh penalties on anyone who is caught stealing from a store. The statute in Illinois governing the criminal offense of retail theft is 720 ILCS 5/16A-13. Anyone who is charged with retail theft for the first time is likely to be surprised at how easily this offense becomes a felony.
Out of state divorces: how long must you be a resident?
July 10, 2012 21:00 - 16 minutes - 3.48 MBOut of state divorces: how long must you be a resident of Illinois to file for divorce here? Divorce isn’t always just about becoming single again. Many times, it is about getting a fresh start in life. Some people find that when they separate from a spouse and plan for a divorce, that process can involve moving to another city or another state. A question many of those people have is “Where should I file for divorce?” This Podcast addresses the issues of residency requirements for ...
How to modify a child support order
June 26, 2012 21:00 - 16 minutes - 3.44 MBThis podcast will discuss the modification of child support obligations, both from the obligor’s and obligee’s standpoint and necessary elements required to effectuate a modification of a support obligation.
New offer from IRS to avoid penalties on improper 1099 desig
June 25, 2012 21:00 - 15 minutes - 3.44 MBFind out if you are currently misclassifying your employees as independent contractors, what can happen if you are, and an IRS program to help you resolve the problem at dramatically reduced cost.
Illinois Res. Real Property Transfer on Death Instrument
June 12, 2012 20:00 - 16 minutes - 3.5 MBEffective January 1, 2012, the Illinois Residential Real Property Transfer on Death Instrument Act (“Act”), 755 ILCS 27/1 et seq., authorizes owners to transfer their Illinois residential real estate outside of probate using a prerecorded “Transfer on Death Instrument” (“TODI”). This podcast will discuss the Act and its application.
What happens to my assets if I die without an estate plan?
June 05, 2012 21:00 - 16 minutes - 3.67 MBIf You Don't Have an Estate Plan, the State of Illinois Will Provide One For You. What happens to your possessions, your family, and your business if you die without an estate plan? Find out with Lavelle Law, Ltd. Attorney Heather G. Walser.
Why do cases settle?
June 01, 2012 21:00 - 16 minutes - 3.46 MB95% of lawsuits settle – but when do they settle and why?
The IRS just made changes to its Offer in Compromise program
May 22, 2012 21:00 - 16 minutes - 3.5 MBOn May 21st, the Internal Revenue Service (IRS) announced a significant change in its Offer in Compromise (OIC) program by offering more taxpayer-friendly terms to its OIC program that will enable many more financially distressed taxpayers to clear up their tax problems. You may be one of those taxpayers who now can benefit from the revised OIC program. This podcast will discuss one of the steps an individual or corporation could take when they cannot pay their taxes due.
Resolving Federal Tax Liens
May 15, 2012 21:00 - 16 minutes - 3.52 MBOne of the most detrimental effects to businesses and individuals of incurring federal tax liabilities is the IRS’s filing of a federal tax lien. In addition to harming negatively impacting a taxpayer’s credit rating, a tax lien can affect an individual’s ability to sell assets, such as real estate, to obtain financing, or in certain circumstances to secure employment. In this podcast we will explain what a federal tax lien is, the impact the filing of a lien can have, and what can be don...
Temporary child custody: what it means and how you get it.
May 08, 2012 21:30 - 16 minutes - 3.46 MBThere are a lot of misconceptions about what it means to have “child custody.” While some people think that “child custody” just means which parent lives with the child, it also means which parent makes decisions regarding schooling, religion, medical care, and child care. Temporary child custody is an important part of many divorce and child support cases, especially when the cases can take a year or more to resolve. In this session, we explore what temporary child custody entails and ho...
Sellers AND Buyers Beware!
May 01, 2012 21:00 - 16 minutes - 3.51 MBBefore you sell a home, you have an obligation to disclose defects to the buyer. It is better to disclose a defect up front than be sued later for failing to disclose it. And before buying a home, make sure you do an inspection! If you don’t inspect, you could miss serious defects that might cost you thousands of dollars to repair.
Collections of Accounts Receivables – How can attorneys incr
April 24, 2012 19:30 - 15 minutes - 3.41 MBThere are cost effective ways for clients to use the services of a collections attorney to collection past due accounts receivables.
The 36 month rule in home health care transactions
April 17, 2012 21:00 - 16 minutes - 3.44 MBDue to the delay in obtaining Medicare certification, those agencies with provider numbers rose in value. A market for Medicare certified home health agencies developed, where entities were created for the sole purpose of “flipping” them to others for a significant profit. Medicare viewed such transactions as abusive. Ultimately the party who turned out to be the operator of the entity was not the party who underwent the certification process. As a result, changes were made and now the “...
Zero tolerance law for consumption of alcohol by minors
April 10, 2012 21:00 - 15 minutes - 3.41 MBIllinois law prohibits a person under age 21 from purchasing, accepting, possessing or consuming alcoholic beverages. Infractions result in the suspension or revocation of driving privileges. Any person under age 21 who receives court supervision for the transfer, possession, and consumption of alcoholic beverages will receive a 3-month suspension of driving privileges. Aside from the loss of driving privileges, possible fines and jail time, other consequences caused by drinking and driving m...
Best Practices to Avoid Unemployment Claims
April 03, 2012 21:00 - 15 minutes - 3.36 MBAvoid common mistakes which make fighting unemployment claims difficult or impossible.