Resources | Client Alert

On March 18, 2020, the President signed the Families First Coronavirus Response Act (the “Act”).  Below is a summary of the employer requirements under the Act: Emergency Family Medical Leave Expansion Act Covered Employers Employers with fewer than 500 employees and covered public sector employers must provide up to 12 weeks of FMLA leave for a qualifying need related to…

UCC-1 Financing Statements are an integral tool in a secured creditor’s toolbox. They perfect a lender’s interest and broadcast notice of this perfected lien to all present or future creditors, putting out the warning that a security interest against the debtor’s collateral exists. An effective financing statement has three requirements: (1) the debtor’s name; (2) the creditor’s name; and (3)…

The novel coronavirus (COVID-19) is spreading across the globe and we wanted to assist you in considering all risk assessment and mitigation tools available.  We recommend assembling a management team to determine best next steps and implement an emergency plan.  Plan considerations should include cash flow concerns, remote working possibilities, IT considerations, quarantine possibility and company specific concerns. Businesses should…

The Cook County Assessor’s Office has recently begun mailing invitation letters to solicit participation in its Real Property Income and Expense (“RPIE”) system. The goal of the system is to collect extensive data to assess commercial properties in Cook County. It utilizes both an online portal and mailed forms for data collection. The Assessor will target properties used for the…

Changes to Federal and Illinois laws will likely require you to update your employment practices and policies. Below is a summary of new acts and amendments affecting Illinois employers. Federal Updates The Fair Labor Standards Act Overtime Rules (effective January 1, 2020) Raises the “standard salary level” for executive, administrative and professional exemptions from $455 per week to $684 per…

New Beneficiary Notice Requirements For Trusts that Become Irrevocable After December 31, 2019 Effective January 1, 2020, the Illinois Trust Code (“ITC”) will replace the Illinois Trust and Trustees Act as the law governing Illinois trusts. With the adoption of the ITC, Illinois becomes the 34th state to adopt a form of the Uniform Trust Code. Most of the new…

Ordinance Prohibits Initial Inquiry of Tenant Criminal History On April 25, 2019, Cook County Commissioners approved an amendment to the Cook County Code, known as the “Just Housing Ordinance," that prohibits the denial of a tenant’s application or continuing occupancy of residential real property based on criminal convictions. Specifically, landlords may no longer inquire about, consider, or require disclosure of…

The original case was brought in California federal district court in 2017 by a company (hiQ) trying to protect its business of using publicly posted user data on LinkedIn. The California federal district court awarded a temporary restraining order against LinkedIn. This order allowed hiQ to keep scraping data off of LinkedIn’s platform on employees in connection with one of…

Chicago Passes New Legislation Effective Immediately On September 18, 2019, the Chicago City Council unanimously passed a new ordinance that increases the percentage of owners required to approve the sale of a condominium building in the City. The ordinance, introduced by Alderman Brendan Reilly (42nd Ward), increases the required unit owner vote on a deconversion condominium sale to 85% of…

With President Trump’s signature August 23rd, the Small Business Reorganization Act of 2019 (“SBRA”) will officially take effect in February 2020. The SBRA is designed to fill a gap in the current bankruptcy laws by providing a framework for small businesses to successfully reorganize in bankruptcy court.  As noted by the senate bill’s sponsor, Iowa Senator Charles Grassley, “Chapter 11…

Starting October 1st, 2019, two new Amnesty programs will arrive in Illinois. One will cover all taxes administered by the Department of Revenue. The other program will cover franchise taxes. Before these programs come into play, members of the HMB State and Local Tax practice provide insight into what these changes will look like. Taxes Administered by Department of Revenue…

Business Email Compromise ("BEC") is a scam perpetrated by cyber criminals to attack businesses that first began to be tracked and reported by the FBI in 2013. BEC typically consists of phony or phishing emails that appear to originate from a company executive or member of a company's accounting or finance department containing fraudulent payment instructions with the objective to…

As you may be aware, the Illinois legislature recently completed its 2019 legislative session. This session was particularly productive from a tax legislation perspective and we would like to update you on the key state and local tax changes that may affect you or your business. Please do not hesitate to contact any member of the HMB SALT team if…

Everyone is by now likely familiar with the recent Wayfair decision and its central holding. Prior to Wayfair, businesses had some degree of comfort that they would not be required to collect and remit sales or use taxes to states in which those businesses did …

On December 22, 2017, Public Law 115-97, the Tax Cuts and Jobs Act (the Act) was signed into law.  This Act will impact Illinois' income tax base and therefore the state's income tax revenue. The Department has analyzed the Act based on current Illinois law, federal law, and Internal Revenue Service (IRS) rulings and interpretations and issued an "Explanation of the…

Congress appears poised to enact a major tax reform that could potentially make fundamental changes in the way you and your family calculate your federal income tax bill, and the amount of federal tax you will pay. This letter is designed to help you evaluate …

Illinois Appellate Court Holds Entities Must Be Represented By an Attorney At Administrative Hearings A recent decision by the Illinois Appellate Court held that corporations may not represent themselves at administrative hearings, but instead must be represented by an attorney. In Stone Street Partners, LLC v. The City of Chicago Department of Administrative Hearings, Case No. 12 M1 450026, Stone…

On June 5, 2013, the City of Chicago's City Council passed an ordinance (the "Ordinance") that requires all purchasers of foreclosed rental properties in Chicago to either renew or extend each existing tenant's lease with annual rent increases not to exceed two percent (2%) or pay each existing tenant a relocation fee of $10,600.00 (per unit). All rental properties in…

In an effort to increase transfer tax revenue, the City of Chicago seeks to amend its Municipal Code in a manner that would result in tax liability for some real estate investors on transfers of real property that traditionally have been treated as exempt transfers. The City's proposed amendments come on the heels of several unfavorable Department of Administrative Hearing…