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Federal Eviction Moratorium Overturned05/11/2021

On September 4, 2020, the U.S. Department of Health and Human Services (“HHS”) through the Centers for Disease Control and Prevention (“CDC”) enacted a nationwide eviction moratorium that bans landlords from evicting residential tenants who are unable to pay rent (“CDC Order”).  On May 5, 2021, the U.S. District Court for the District of Columbia vacated the CDC Order, holding…

Updates on Illinois Craft Cannabis Association v. State of Illinois04/28/2021

Illinois Craft Cannabis Association (“ICCA”) v. The State of Illinois, Governor J.B. Pritzker, the Illinois Department of Agriculture and its director, Jerry Costello II, Case No. 2020 CH 06247 Since our last update on the ICCA’s lawsuit against the State of Illinois, much has happened, but unfortunately nothing has changed. The delays continue for the hundreds of Craft Grower, Infuser…

Force Majeure and COVID-1904/27/2021

A year ago, during the initial stages of the COVID-19 pandemic, it seemed timely to explore force majeure provisions and legal theories that would permit a party to suspend its contractual obligations under certain circumstances.  At the time, it was unclear how courts would interpret force majeure provisions that did not expressly include a pandemic or epidemic within its list…

New Supreme Court Decision Regarding the Telephone Consumer Protection Act of 199104/14/2021

The Supreme Court’s decision effectively means that a company can utilize devices that automate calls and texts, as long as that device cannot use a random or sequential number generator to either store or produce the telephone number.

Corporate Bankruptcies in 2021 and Beyond04/12/2021

CHAPTER 11 FILINGS IN 2020 AND BEYOND Unless your January 2020 payroll included Nostradamus, the forthcoming global pandemic and resulting mass quarantines were largely unforeseeable. Last year’s unpredictability did, however, lead to the rather predictable material increase in Chapter 11 bankruptcy filings. Epiq Companies recently reported to the American Bankruptcy Institute that commercial Chapter 11 filings increased 29% in 2020.…

Chicago City Council Approves Pilot Program for Creation of New Accessory Dwelling Units02/26/2021

Beginning on May 1, 2021, Chicago will end its decades-long ban on the construction and conversion of certain accessory dwelling units when the Additional Dwelling Unit (ADU) Ordinance (“Ordinance”) goes into effect. WHAT YOU NEED TO KNOW The goal of the Ordinance is to establish new residential units that are sustainable and cost-effective while maintaining neighborhood character The Ordinance aims…

Illinois’ Leveling the Playing Field for Illinois Retail Act is now in Effect01/19/2021

Illinois legislation impacting sourcing rules for marketplace facilitators, sellers, and remote sellers- the “Leveling the Playing Field for Illinois Retail Act”- is now in effect for 2021 and Illinois Retailers’ Occupation Tax (the “ROT”) returns will be due soon.  The Illinois Department of Revenue has made a resource page available for affected retailers and marketplaces. As we discussed in June…

Business Owners with COVID-19/Government Shutdown Orders File Business Insurance Claims: A New Wave or Just a Ripple?11/10/2020

HMB’s Insurance Advisory Practice is continuing to monitor developments on hundreds of cases filed nationwide by business owners against insurers over denials of business interruption COVID-19 and government shutdown order related claims. HMB is tracking how courts are deciding these novel claims and reporting on these observations. This update contains some highlights of recent favorable decisions of potential significance for…

SLAT’s: An Old Idea with New Urgency10/08/2020

Client calls are coming in droves regarding the need to engage in estate planning if Joe Biden wins the White House and the Democrats have a majority in the Senate.  And for good reason. There is every reason to think that the currently high estate tax exemptions will be substantially reduced as part of a tax overhaul relatively early in…

Virtual Depositions During the Pandemic – 6 Tips for Attorneys09/03/2020

The COVID-19 Pandemic has changed the landscape of taking and defending depositions.  Due to social distancing guidelines and travel restrictions, almost every deposition is taken remotely, and will be for the foreseeable future.  Below are a few considerations and suggestions for preparing for and taking your deposition in this new era: (more…)…

Longer Notice Requirements for Residential Lease Renewals, Terminations and Rent Increases07/24/2020

On July 22, 2020 the Chicago City Council passed the “Fair Notice” ordinance (the “Ordinance”) which requires longer notice periods for landlords who seek to terminate, not renew or increase rental rates for residential leases. Under the new Ordinance, a landlord must provide a tenant with prior written notification of its intent to terminate, not to renew, or increase rent…

Procedures of the Circuit Court of Cook County During the Coronavirus07/01/2020

***This article has been updated from the version posted on May 29th, 2020*** Actions Taken by the Circuit Court of Cook County In General Effective July 6, 2020, the Circuit Court of Cook County will begin hearing all matters in all Districts and Divisions with the exception of jury trials.  Unless otherwise ordered, all attorneys and self-represented litigants shall be…

Chicago City Council Passes New COVID-19 Residential Eviction “Moratorium” Ordinance06/23/2020

On June 17, 2020, the Chicago City Council passed the “COVID-19 Eviction Protection Ordinance” (Ordinance O2020-3501), enacting a provisional moratorium on evictions based upon the failure to pay rent if the tenant has suffered any loss, reduction or delay in receipt of income or employment attributable to COVID-19 (a “COVID-19 Impact”).  Under the terms of the moratorium, a landlord pursuing…

CARES Act Update: Flexibility Added to the Paycheck Protection Program06/19/2020

On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (“PPPFA”) was enacted, amending key provisions of the Paycheck Protection Program (“PPP”) under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The changes provide relief to borrowers of PPP loans in the form of expanded forgiveness and increased flexibility in the use of loan proceeds. Businesses…

Procedures of the United States District Court for the Northern District of Illinois During the Coronavirus Crisis05/30/2020

Actions Taken by the District Court On Tuesday, May 26, the United States District Court for the Northern District of Illinois updated, for the fourth time, its General Order 20-0012 in response to the COVID-19 pandemic. The District Court’s original General Order extended all deadlines, whether set by the court or otherwise, by 21 days. On March 30, an Amended…

Procedures of the United States Bankruptcy Court for the Northern District of Illinois During the Coronavirus Crisis05/30/2020

Actions Taken by the Bankruptcy Court The COVID-19 pandemic notwithstanding, the United States Bankruptcy Court for the Northern District of Illinois remains open for business, although not business as usual. Recognizing the need to maintain social distancing, the Court has made several significant changes to its daily operations. After two months of hearing routine motions telephonically, the Court has implemented…

Chicago City Council Approves COVID-19 Anti-Retaliation Ordinance; OSHA and CDC Release Additional Guidance05/26/2020

Chicago Anti-Retaliation Ordinance On May 20, 2020, effective immediately, the Chicago City Council approved an ordinance that prohibits employers from terminating or demoting an employee because the employee stayed home from work in compliance with a health order or to care for a person subject to a health order.  Employees who are terminated or demoted will now be able to…

Insurance Claims & Related Issues Due to COVID-19 – What Every Business Should Know05/12/2020

May 12, 2020 As COVID-19 presses state and local governments to continue their shutdown orders, some businesses are incurring extensive expenses and losses. Whether the business is open with limited capacity, allowing employees to work from home, or closed until the orders are lifted,  businesses are asking if and how insurance can provide relief. This article provides information on the…

Economic Downturn Plus Low Interest Rates Equals An Excellent Opportunity for Estate Planning05/12/2020

While the world continues to adjust to the COVID-19 pandemic, the current interest rate environment creates excellent opportunities for advanced estate, income and creditor protection planning.  The following are eight tips/opportunities that should currently be considered in the current market environment: (more…)…

Restrictions on Commercial Evictions05/05/2020

Illinois Governor J.B. Pritzker’s Executive Order 2020-30 issued on April 23, 2020 in response to the COVID-19 pandemic offers relief to commercial tenants throughout the state by placing restrictions on evictions of commercial tenants. Following in the footsteps of New York and California, Gov. Pritzker banned state agencies from enforcing evictions of all non-residential premises unless “the tenant has been…

Out-of-Court Distressed Asset Purchases – What You Need to Know05/01/2020

Out-Of-Court Distressed Asset Purchases, a Primer The COVID-19 pandemic has impacted businesses and commercial relationships worldwide, cutting wide swaths of through entire sectors of the economy.  The current government regime of subsidizing whole industries and individual businesses is still evolving.  Commercial lenders have been incentivized to forbear and defer defaults – but the piper must eventually be paid.  Enterprises that…

New Subchapter V of the Bankruptcy Code May Be the Salvation for Small Businesses to Survive COVID-1905/01/2020

The Small Business Reorganization Act (SBRA) was enacted in February 2020 with no one anticipating the global pandemic. Today, the financial consequences have hit small businesses hard. The SBRA, commonly known as Subchapter V, may provide much-needed relief to small businesses as they struggle through the crisis. With the Subchapter V election likely to surge during and after the pandemic,…

Work From Home Insurance Alert04/30/2020

Many current businesses own cyber insurance policies that actually may not cover incidents or claims that are the result of an employee using his/her own personal device(s) for Work From Home (“WFH”) purposes for their employer. This is an easy mistake for employees as WFH is the current norm. As with all insurance contracts, whether there is coverage or not…

Didn’t Get an Illinois Adult-Use Cannabis Dispensary License…Can You Challenge?04/29/2020

While the Illinois dispensing organization conditional licenses have not been awarded yet, we are hopeful they are coming soon. That being said, here are the two questions I get asked most about the current Illinois dispensing license applications: Will COVID-19 cause the IDFPR to delay granting licenses on the scheduled date of May 1, 2020; and If I do not…

Additional Illinois and Federal Employment Updates Regarding the Families First and Coronavirus Response Act and Other Matters04/28/2020

Illinois Workers' Compensation Commission Updates After initially voting 9-0-1 to approve a new emergency rule that created a rebuttable presumption that the workplace is the cause of an employee contracting COVID-19 to the extent such employee works for an essential business, the Illinois Workers’ Compensation Commission (the “Commission”) met yesterday, April 27, to formally withdraw the rule.  The Illinois Manufacturers’…

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