A recent court settlement disrupted the prior practice of residential real estate brokers automatically splitting the seller’s commission with the cooperating or buyer’s broker. As a result, residential real estate buyers need to negotiate a fee with the broker that assists them in finding a home and will be asked to sign an agreement with the broker before they assist you. The contract will identify who will pay and how much will be paid to the buyer’s broker. Buyers should require their broker negotiate a commission split with the listing or seller’s broker, eliminating a direct payment from the buyer
Continue Reading Residential Buyer’s Broker
Brooks, Tarulis & Tibble, LLC
We are a general practice firm, providing legal services in corporate law, commercial transactions, real estate, contracts, estate planning, business litigation, local government representation, divorce, privacy protection, personal injury litigation, and a wide range of other legal areas. Our attorneys also serve as general counsel to many families, businesses and organizations.
Brooks, Tarulis & Tibble, LLC Blogs
Blog Authors
Latest from Brooks, Tarulis & Tibble, LLC
Small Business Start-Up Mistakes
Starting a small business is the dream of many Americans, but it is also a financial risk. To ensure success, there are some pitfalls you should avoid to prevent or mitigate a failure, including:
- Failing to establish the right legal structure. An improper or no business structure can expose you and you family’s assets to your business’ creditors. Each legal structure has different strengths and benefits, and selecting the right structure can have long-term financial, tax and legal consequences.
- Not protecting what’s unique to your business. Recipes, formulas, brand names, logos, trademarks, slogans, and other proprietary information may be the
Political Speech in the Workplace
With the federal and other elections looming, non-governmental employers are often confronted with addressing political speech in the workplace. As these discussions can become heated and affect employee morale, employers should establish strategies and publish policies that may help protect the business and its employees. Any policy must consider federal, state, and regulatory worker protections applicable to private employees’ right to engage in political activities. While protecting your business and employees, candidate bumper stickers on employee vehicles in the parking lot is acceptable while employee use of the company e-mail and resources to solicit support for a particular candidate or…
Continue Reading Political Speech in the Workplace
Press Release- Wrongful Conviction Reversed
Brooks Tarulis’ partner Elizabeth Bacon and her co-counsel Brandon Clark of Saul Ewing represented Kevin Jackson in a nine-year legal battle to vacate his wrongful conviction and win long overdue justice for Mr. Jackson. The First District of the Illinois Appellate court ruled on October 25, 2024, in favor of the groundbreaking exoneration of our client who served twenty-three years in prison after being wrongfully convicted of the 2001 murder and shooting of two Chicago men. At Elizabeth’s insistence a 2023-2024 reinvestigation of the case by specially appointed counsel to the Cook County State’s Attorney’s office confirmed Mr. Jackson’s assertion…
Continue Reading Press Release- Wrongful Conviction Reversed
Business Insurance
Protecting your business is a full-time job. One method of protection is to acquire insurance. Listed below are the typical types of business insurance:
- General Liability Insurance. Your business’s safety net against unexpected mishaps and third-party claims.
- Property Insurance. Covers unforeseen events such as fire, hurricanes, tornadoes, and vandalism that damage your company’s real and/or personal property.
- Fidelity Insurance. Covers damage due to internal or external criminal acts including those committed by your business’ people.
- Worker’s Compensation Insurance. Provides replacement and medical benefits to employees who are injured in the course of employment.
- Director and Officer Liability Insurance. Provides protection
Disposition of Remains
While there are almost endless religious and cultural laws, requirements, and traditions applicable to the disposition of a loved one’s remains, many businesses promote and survivors appear to seek creative and often illegal ways to do so. Disposition of remains, bodies, and cremains is generally prohibited on private land not designated for that purpose. “Burials at sea” must be by permit and at least three miles offshore. Sport arenas, nature areas, and national parks generally prohibit it or require permits and restrict it to certain areas. While some states allow “human composting” and “bio-urns,” they are not universally accepted, nor…
Continue Reading Disposition of Remains
Avoiding Scams
The affluent are 43% more likely to experience identity theft and are more likely to be targeted by fraudsters and scam artists. The primary scams are phishing (impersonating on online contact to evoke a response), ransomware (installing malware on your device or system to be removed for ransom), funds transfer fraud (causing you to unknowingly send money to a false account), and account takeovers (capturing usernames and passwords to access your accounts).
Some of the ways to protect your business and personal assets from such scams include:
- Security. Protecting your network, using strong passwords, requiring multifactor identification, and installing all
Loss of Auto Insurance Coverage
With the increased popularity of purchasing automobile insurance online, without the advice of an agent or broker, and carriers allowing you to “pick your coverage”, many insured get an unpleasant surprise when they make a claim. Carriers are using unlisted driver, ride-share use, rented vehicle, and business use exceptions to deny claims when proper coverage was not purchased. Be sure you know the coverage you need and the coverage you bought.
This Bulletin is designed to provide our friends and clients with information regarding the various subject matters covered, it is not designed to take place of legal, accounting, or…
Continue Reading Loss of Auto Insurance Coverage
Personal and Family Asset Protection
Despite how careful you are, accidents and other problems can arise, including those caused by third parties, that put your personal and family’s savings and assets at risk. While you cannot absolutely protect all of your assets from the claims of creditors, even by giving them away, there are steps you can take to limit the exposure of your assets to creditor claims, including:
- Tenancy by the Entirety. Title to your marital residence should be held in “tenancy by the entirety”, protecting it from the creditors of one spouse.
- Joint Ownership. Select a method of joint ownership to avoid situations
Business Scam Protections
No business is safe from an array of business scams including phishing, email compromises, vendor or customer impersonations, and misdirection of payments. Email is the most frequent method used and employees are often the weak link in your protection. Knowledge, training, policies, procedures, and preparation may be your best protection.
Some of the easiest protections to implement include:
- Maintain good records of orders and purchases to detect bogus accounts, invoices and payment directives.
- Double check your vendor and customer identities and their cyber security policies.
- Don’t email payment or account information and double check before you send money.
- Protect your
Careful Gifting
As your need for income decreases, you may consider sharing some of your wealth by gifting or donating to family or charities to reduce your estate on death or minimize taxes. If Medicaid may be in your future, their look back provisions for transfers for less than fair market value, and even small gifts may be aggregated to determine if your Medicare or other needed base benefits could be reduced, denied, or delayed.
The attorneys at Brooks, Tarulis & Tibble, LLC can advise you on such gifting and the impact it can have on receiving governmental and other benefits in…
Continue Reading Careful Gifting
Asset Protection for Small Business Owners
If you own or operate a business, a constant concern is insulating your personal and family assets from claims and liabilities that may arise from your business. While it is not always possible to create a complete barrier to keep business creditors from seizing your personal or family assets, there are several steps you can take to substantially reduce that risk:
- Incorporate your business. Create an approved entity for the operation of your business so that it becomes liable for any business claims or liabilities and not you or your family’s assets.
- Maintain the corporate entity. Operate your business to
…
Continue Reading Asset Protection for Small Business Owners
Illinois Secure Choice Program
The deadline for all Illinois employers with 5 or more employees to offer their own retirement program or facilitate their employees’ participation in the Illinois Secure Choice Program operated by the Illinois State Treasurer as an Auto-IRA passed in November 2023. The intent is to boost retirement savings for all Illinois employees at little cost to employers, as no employer contribution is required. As financial penalties can be imposed for an employer’s failure to comply, quick action is needed if your business is required to offer the Illinois Secure Choice Program. The Illinois Treasurer’s website has full details. READ MORE…
Continue Reading Illinois Secure Choice Program
Your Business Name
While most states require you use the complete legal name of your business when conducting official business, including a designation of your business’ entity type, such as Inc., Ltd., P.C., LLC, NFP, and the like, the full legal name is often cumbersome and less attractive in the marketplace. As a result, most states allow your business to establish a business alias, also known as (“a/k/a”), or a doing business as (“d/b/a”) name. For example, Apple is a d/b/a for Apple, Inc. and Walmart for Wal-Mart, Inc.
To obtain a d/b/a you must register it with the Secretary of State, pay…
Continue Reading Your Business Name
Elizabeth Bacon re-appointed to the Illinois State Bar Association’s Privacy and Information Security Law Committee
Elizabeth Bacon was re-appointed to the Illinois State Bar Association’s Privacy and Information Security Law committee for 2024-2025. In light of Illinois’ leadership in state laws protecting privacy and the collection of biometric data, including the Illinois Biometric Information Protection Act (BIPA), a subject of numerous lawsuits and substantial settlements, this committee is very active and involved in litigation, legislation, and education relating to privacy and the collection and usage of personal information.
Continue Reading Elizabeth Bacon re-appointed to the Illinois State Bar Association’s Privacy and Information Security Law Committee
Illinois Equal Pay Registration Certificate
Employers with over 100 Illinois employees and required to file an Employee Information Report (EEO-1) with the Equal Employment Opportunity Commission (EEOC) are also required by the Illinois Equal Pay Act to obtain an Equal Pay Registration Certificate (EPRC), even if no notice was received from the Illinois Department of Labor (IDOL). To obtain the certificate, a required employer must complete the IDOL Compliance Statement, provide a wage record report with detailed pay information, and pay a $150.00 fee.
If your business is required to obtain an Equal Pay Registration Certificate and you have not already complied, please do so…
Continue Reading Illinois Equal Pay Registration Certificate