Chicago's Legal Latte artwork

Chicago's Legal Latte

354 episodes - English - Latest episode: about 2 months ago - ★★★★★ - 5 ratings

The attorneys of Lavelle Law Ltd. address a variety of legal topics.

Business business law tax law family law estate planning real estate personal injury litigation
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Episodes

Employment Discrimination – The Employers Perspective

March 18, 2014 21:00 - 16 minutes - 3.51 MB

What can employers do to protect themselves from discrimination claims?  How should an employer respond to a charge of discrimination?  This Podcast with Lance C. Ziebell will investigate the employers perspective in an employment discrimination claim. 

On the Cusp of Divorce? Do You Have A Choice?

March 11, 2014 21:00 - 15 minutes - 3.42 MB

Attorney Pequeno will look at how couples have turned around from finalizing their divorce decrees and what efforts of reconciliation entails and how the Court system is willing to accommodate people who are giving reconciliation a chance.  Not every divorce that is filed actually ends in divorce.

How Do I Repossess My Equipment or Goods?

March 04, 2014 22:00 - 15 minutes - 3.39 MB

Some businesses loan or lease goods or equipment to another individual or entity.  But, what happens when the person will not return your goods or make payments pursuant to the loan or lease?  There is a statutory remedy in Illinois called replevin which will aid you in seeking return of your goods.  This podcast  with Jennifer Burt will describe how you can you use the court system in order to have your goods or equipment returned to you.  

How to divide retirement accounts in a divorce

February 27, 2014 20:00 - 16 minutes - 3.49 MB

When a couple divorces, there are many different accounts and assets that must be discussed.  This podcast with Partner Amil Alkass will address how marital retirement accounts (401(k), pensions, IRAs) are divided in a divorce proceeding.

Child's expenses in divorce : what should be paid in addition to child support?

February 18, 2014 22:00 - 16 minutes - 3.46 MB

Everyone knows that non-custodial parents have to pay child support. But what other expenses must be paid? This podcast with Kristina Regal will explore whether expenses such as sports team costs, day care, medical insurance and private school tuition should be paid in addition to child support.

Common Child Support Issues

February 13, 2014 22:00 - 16 minutes - 3.44 MB

This podcast with Jenet Pequeno will discuss what you need to know regarding common child support issues.  

When do you need an Irrevocable Trust?

February 04, 2014 22:00 - 16 minutes - 6.88 MB

You can achieve a number of estate planning and tax benefits by creating certain types of irrevocable trusts.  Listen to this podcast with Heather G. Walser of Lavelle Law, Ltd. to find out how these trusts differ from revocable (or "Living") trusts, and how you might be able to benefit from them.

Use of Reverse Stock Splits to Eliminate Minority Shareholders

January 29, 2014 18:00 - 14 minutes - 6.08 MB

Reverse stock splits can be used to eliminate minority shareholders.  A reverse stock split is the opposite of the conventional stock split -- rather than the corporation’s charter being amended to authorize additional shares of stock, the charter is amended to substantially decrease the number of authorized and issued shares.  They permit direct and relatively inexpensive elimination of minority shareholders in public or closely-held corporations. Learn more about the elimination of minority...

Are Taxes Dischargeable in Bankruptcy?

January 28, 2014 22:00 - 15 minutes - 6.75 MB

Some taxes are dischargeable in bankruptcy despite the urban myth that they are not.  Listen to this Podcast with Bankruptcy attorney Timothy Hughes for the truth about dischargeable taxes. 

IRS Voluntary Worker Classification Settlement Program

January 16, 2014 19:00 - 16 minutes - 3.53 MB

For federal employment tax purposes, workers are classified as either employees or independent contractors. Many business owners either mistakenly or purposely, for purposes of tax savings, mistreat their employees as independent contractors. In such a case, there is danger that the IRS will conduct an employment tax audit and retroactively change this classification. This could result in substantial employment tax liabilities for the company and its owners. Through the Voluntary Worker Class...

The Importance of having a Power of Attorney

January 07, 2014 22:00 - 15 minutes - 3.38 MB

No one is immune from aging, loss of mental capacity, or unanticipated health crises.  Giving someone a power of attorney now – allows that person to manage your affairs if you are unable to do so. Further, in some situations, it can be used when someone is out of the country or simply unavailable to sign documents.  It’s something everyone can benefit from.  Young and old.  Learn more about the benefits of having a power of attorney in this podcast with Kelly Anderson.

Getting Succession Right: The Best Legal and Operational Practices

January 02, 2014 22:00 - 16 minutes - 3.5 MB

Getting Succession Right: The legal and operational best practices to ensure that your company survives you James Voigt of Lavelle Law is joined by Mary Erlain of Peak Development Strategies.  Mary is an author of books on business alliances and networking and helps clients in business succession strategies.    For business owners seeking to ensure the success of their company after they are ready to retire, getting succession right is critical.  Legal considerations ensure that control pas...

Employment Discrimination 101

December 30, 2013 22:00 - 16 minutes - 3.56 MB

This Podcast with Lance Ziebell of Lavelle Law will explore the ins and outs of employment discrimination cases.  There are a lot of concerns involved in filing or responding to employment discrimination cases: what constitutes employment discrimination and what are the initial hurdles to having a claim?  Where do I start a claim?  How do I respond to a claim filed against my business? Whether your business has fallen victim to a discrimination claim or you are curious about the steps require...

Common Questions from Employers - Medical Marijuana Law

December 27, 2013 22:00 - 16 minutes - 3.49 MB

Interested in learning more about the new Medical Marijuana Law in Illinois?  Cameron Monti, a Partner at Lavelle Law, Ltd. has authored a new book detailing the aspects of the new Compassionate Use of Medical Cannabis Pilot Program in Illinois. Available on Amazon, “Illinois Medical Marijuana Law FAQ Handbook” lays out the details of the new law and explains how it will impact various constituencies including employers, attorneys, landlords, patients, and those who will be operating business...

HIPPA – Mega Rule

December 17, 2013 22:00 - 15 minutes - 3.39 MB

Every health care provider has to comply with the Health Insurance Portability and Accountability Act, otherwise known as HIPAA.  A provider must ensure that it and its employees take steps to protect the confidentiality of patient information.  That obligation now extends to providers vendors and or contractors.  This Podcast with Josh Nesser of Lavelle Law, Ltd. will explore HIPAA and the steps that should be taken to protect your home health company. 

Standardized Field Sobriety Tests

December 10, 2013 22:00 - 16 minutes - 3.44 MB

This podcast with James Doerr of Lavelle Law, Ltd. will explore a detailed explanation of the three NHTSA approved Standardized Field Sobriety Tests.

Accountant’s Privilege in Litigation Cases

December 03, 2013 22:00 - 16 minutes - 3.45 MB

The Illinois Public Accounting Act states that certain information given to accountant shall be privileged and the accountant will not be required to divulge that information in response to a subpoena or other lawful process.  However, much of the information that is provided to your accountant is not confidential; meaning that the accountant will be required to respond with certain information you provided to the accountant in response to a subpoena or other lawful documents requesting the i...

How to calculate child support when the payor earns cash only

November 27, 2013 21:30 - 16 minutes - 3.47 MB

This podcast with Amil Alkass will touch on the issue of child support and the calculation of child support for a primarily-cash earning individual payor/obligor.

Depositions and subpoenas: do you need an attorney when testifying?

November 19, 2013 22:30 - 16 minutes - 3.5 MB

People often think about being involved in litigation as a plaintiff or a defendant. But many times people are involved in the ligation process who are not an actual party to the case. Witnesses, deponents and expert often are called to testify at a trial without being a part of the case. But do they need attorneys when they testify? We will review why it’s a good idea to be represented by an attorney and the problems that may arise when testimony is given before the court.

I have a court ordered visitation but have not seen my child

November 11, 2013 22:00 - 16 minutes - 3.45 MB

Sometimes, parents put children in the middle of a divorce to the detriment of the children.   This podcast will discuss what to do if you have court ordered visitation that is being denied, when court action may be necessary and what you need to know if you are being denied your court granted visitation with your children.  

How to Make Plans For Your Final Resting Place

November 05, 2013 22:00 - 16 minutes - 3.66 MB

Do your loved ones know what your wishes are in regards to your final resting place?  This is a common oversight among many, and can cause a lot of undue hardship on your loved ones when making final arrangement.  This Podcast with Heather G. Walser will explore the ways you can be sure that your wishes for your final resting place are carried out. 

Landlord Rights with A Tenant Problem

October 30, 2013 20:00 - 16 minutes - 3.5 MB

It seems that more and more, you are seeing people opt to rent as oppose to own homes. What happens if you have tenants who are causing problems for you as landlord? In this podcast we will discuss landlord rights when they are facing a problematic tenant.

Series LLC Basics

October 22, 2013 21:00 - 16 minutes - 3.46 MB

A series LLC is a type of LLC that creates separate compartments or cells (a “series”) for partitioning and owning separate assets and associated liabilities under one LLC.  This entity has been authorized in Illinois since 2005 but remains little understood.  This podcast will shed some light on the uses and functioning of a series LLC.

Abatement of Federal Tax Penalties

October 15, 2013 21:00 - 16 minutes - 3.51 MB

One of the mechanisms used by the IRS to encourage compliance and to punish non-compliance is the assessment of various types of penalties against taxpayers. If unresolved, these penalties can result in taxpayers owing the IRS significant amounts of money. In some cases, rather than paying the penalties, taxpayers may be able to have the penalties abated, resulting in substantial savings. In this podcast, we will discuss the types of penalties assessed by the IRS and the circumstances under w...

Deeds in Illinois

October 09, 2013 21:00 - 15 minutes - 3.43 MB

Ownership to property passes as soon as a deed has been delivered to and accepted by a buyer.  However, it will only pass if you are getting the right kind of deed, signed by the correct party, and it effectively puts all on notice that you are now the owner.  

Obama Care – Affordable Care Act Part 2

September 17, 2013 21:00 - 16 minutes - 3.5 MB

The Affordable Care Act is ushering in a new era of health care delivery.  Everyone will be affected, and therefore, it is important that all understand how the program will work, and how you can comply.  The act will expand Medicaid, create health insurance exchanges, provide deductions and or tax credits, and mandate that everyone obtains health insurance.  Now is the time to plan for the upcoming changes.  

Why Do I Need An Employee Handbook

September 16, 2013 20:00 - 15 minutes - 3.43 MB

Employee handbooks set forth the policies and procedures of an employer… however, they serve a more important purpose in that they also may help to defend employers in unemployment and other governmental actions.  Learn how during this informative podcast.

What is a Temporary Visitor Driver’s License?

September 10, 2013 21:00 - 15 minutes - 3.4 MB

This podcast will cover some basic features of the newly enacted provisions concerning TVDL’s and the implementation of the new law by the Secretary of State’s Office.  The podcast will focus on eligibility requirements and the essential how-to’s of the program.  This podcast will be of interest to any immigrant or concerned party such as family, schools and employers.  

Custody Issues: Children Taken to Other States to Live

September 03, 2013 21:00 - 16 minutes - 3.44 MB

Family law custody disputes can lead to some very extreme actions taken by some parents.  One all too common issue is when one parent leaves the state with the children.  This harrowing experience can leave the parent who remains in the state with the feeling of despair and desperation.  It can lead to the very real fear of possibly not seeing your child again.  There are different ways that the parent may choose to leave the state.  Seasoned litigator, Jenét Pequeño, will discuss various tac...

Guardians ad litem and Children's Attorneys

August 20, 2013 21:00 - 15 minutes - 3.41 MB

Guardians ad litem and children’s attorneys in divorce litigation: how they work and how you can use them to help your custody case When divorcing parents can’t agree on matters such as custody and visitation, the court will appoint an attorney to represent the interests of the children. These attorneys speak to the children, their teachers, relatives and parents to help to determine what living arrangement would be best for the children. This podcast discusses important ways of dealing with...

Lack of Testamentary Capacity

August 13, 2013 21:00 - 15 minutes - 3.43 MB

A person who creates a will should try to make accommodations to ensure that the will is not subject to a will contest in probate court after their death.  Often times, a will contest may deplete much of the estate and leave little money for your relatives.  There are various ways to contest a will.  Today, we are talking about lack of testamentary capacity.  

What you need to know about Jury Duty

August 06, 2013 21:00 - 16 minutes - 3.44 MB

Have you recently received a summons for jury duty in Illinois?  If you haven’t, it’s probably only a matter of time before you do.  Listen in to find out your responsibilities – and your rights – when you’re served with a summons for jury duty.

Homeowner's Property Taxes - Lower Your Assessment

July 26, 2013 18:00 - 16 minutes - 3.45 MB

This podcast will explore the process in contesting your property taxes with the County in an effort to lower your tax bill.

UCC Article 9 Amendments

July 25, 2013 16:00 - 16 minutes - 3.44 MB

Illinois has enacted certain amendments to Article 9 of its Uniform Commercial Code, 810 ILCS 5/9-101 et seq. (“UCC”), governing how personal property and fixtures act as collateral for loans.  They became effective July 1, 2013.  This podcast discusses those amendments and their impact on loan documentation and administration.

Why do I need Title Insurance?

July 18, 2013 21:00 - 15 minutes - 3.44 MB

For most people, a home is the single largest financial investment they will ever make. And while ownership may seem like a simple, uncomplicated thing – property rights can sometimes get all muddied up.  There are numerous ways your title to and ownership of property can be put at risk.  Title insurance is the thing that exists to ensure that your ownership is NOT put at risk.

IRS Collection Due Process Hearings

July 16, 2013 21:00 - 15 minutes - 3.42 MB

One of the most important rights available to taxpayers with past-due tax liabilities is the right to request a hearing within the IRS (called a collection due process, or CDP, hearing) to prevent collection action and to propose alternative methods of resolution. To protect their interests, it is important that taxpayers understand how and when to request these hearings. They also must understand what rights they have to request CDP hearings, how the CDP hearing process works, and what their...

You Started a Business: Now What?

July 02, 2013 21:00 - 16 minutes - 3.45 MB

The technical steps of starting your new business are done.  What else is on the to-do list to get your business running properly, efficiently, and in compliance?  This Podcast with small business attorney, James D. Voigt, and Elizabeth Londo from Just In Time Direction, LLC, will explore the common questions asked when entrepreneurs start a new business.

Do I have to pay my employees overtime?

June 26, 2013 21:00 - 16 minutes - 3.46 MB

While employers have to pay their employees overtime in most situations, there are certain classes of employees whom may not be entitled to overtime.  Who are these employees and what do I need to know about them?

Obama Care – Affordable Care Act Part 1

June 18, 2013 21:00 - 15 minutes - 3.44 MB

The Affordable Care Act is ushering in a new era of health care delivery.  Everyone will be affected, and therefore, it is important that all understand how the program will work, and how you can comply.  The act will expand Medicaid, create health insurance exchanges, provide deductions and or tax credits, and mandate that everyone obtains health insurance.  Now is the time to plan for the upcoming changes.  

The Citation to Discover Assets and Post Judgment Procedures

June 17, 2013 21:00 - 16 minutes - 3.49 MB

After obtaining a judgment, there are various avenues that a creditor can use to collect the judgment in court.  Often times, creditors will issue Citations to Discover Assets against the debtor, the debtor’s employer or the debtor’s bank.  Each type of Citation to Discover Assets can be used in different ways.

DUI – Refusal of breath testing

June 04, 2013 21:00 - 16 minutes - 3.44 MB

Learn more about breath testing in a DUI and how being charged with a DUI will affect your life. 

How to obtain a name change (adult and/or child)

May 28, 2013 21:00 - 16 minutes - 3.56 MB

This podcast will discuss the process of changing your name as an adult and the process, and limitations, of which these procedures are conducted.

Alienation of affection: when to sue over a cheating spouse

May 21, 2013 21:00 - 16 minutes - 3.47 MB

When a husband or wife finds out about a cheating spouse, divorce is an obvious next step. But many people want to know: can I sue the other woman (or man)? We will discuss the cause of action known as “alienation of affection,” in which a person can sue a spouse’s lover for ruining a marriage.

I was just served an Order of Protection, what do I do?

May 14, 2013 21:00 - 16 minutes - 3.47 MB

Orders of Protection in Illinois Family Actions can provide extraordinary remedies and also some extraordinary hardships.  What is the definition of violence in Illinois. For the person seeking the Order of Protection, it can remove the person from the home who is the source of the violent behavior.  Most of the time when these cases are contested, it is a he said/she said battle of circumstantial evidence.  Whose story makes the most sense?  Veteran matrimonial Attorney Jenet G. Pequeno wil...

The documents in your Estate Planning “Toolkit”

May 07, 2013 21:00 - 15 minutes - 3.44 MB

From the desk of Heather G. Walser:  I’ve spoken in prior podcasts about the importance of having a thorough estate plan and the terrible things that can happen – to your family, your assets, and even to you – if you don’t. This week, we’ll take an in-depth look at the anatomy of a good estate plan, exploring the specific legal instruments that make up a comprehensive plan, and how each instrument functions within the bigger picture of the management and distribution of your estate.

Non-Tax Uses for Revocable Living Trusts

April 30, 2013 21:00 - 16 minutes - 3.46 MB

Revocable living trusts (RLTs) are not just for those with estates potentially subject to federal and state transfer taxes.  Rather, there are many non-tax uses for RLTs that can benefit most anyone.  This podcast will explore some of them.

Estimated Tax Deposits and Income Tax Requirements

April 23, 2013 21:00 - 16 minutes - 3.45 MB

Individuals whose income consists solely of wages from employment generally will have sufficient income tax withholding every year to pay all or most of their federal and state income tax liabilities by the time their tax returns are filed. However, the system of paying income taxes is not as simple for individuals who earn significant income from other sources, such as self-employed individuals. Because taxes generally are not withheld from other types of income, the IRS requires these indi...

The Lowdown on Appraisals

April 16, 2013 21:00 - 16 minutes - 3.45 MB

If you are buying a home using a mortgage, refinancing, or selling your home to anyone other than an all-cash buyer, the home appraisal is a key component of the transaction. Whether you're a buyer or seller, it helps to understand how the appraisal process works and how an appraiser determines a home's value.

What to do if you can’t pay your taxes on 4/15

April 09, 2013 21:00 - 16 minutes - 3.46 MB

April 15th tax filing deadline is upon us, this podcast will help taxpayers who may not have the funds to full pay their taxes on time.

How to Value Your Business in a Shareholder Agreement

April 02, 2013 21:00 - 15 minutes - 3.43 MB

Eventually small business shareholders will need to be bought out.  The key question is the price to be paid when that time comes.  Learn about the various options, and the pros and cons of each.