Eric Wilen is the President of the DuPage County Estate Planning Council for 2022 – 2023.  The DuPage County Estate Planning Council recently hosted a Judges Panel and Networking event at the Butterflied Country Club with the Honorable Bonnie Wheaton, the Honorable Paul M. Fullerton, the Honorable Anne Therieau Hayes and the Honorable James Orel from the 18th Judicial Circuit, Chancery Division.  During the evening, the Judges answered questions about Zoom and Courtroom practice and shared their insights with Council members and their invited guests.  The Judges spoke about their experiences with probate matters, views on will and trust enforcement…
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Language in the recent U.S Supreme Court Dobbs v. Jackson decision regarding abortion raised concerns that the legal rights of unmarried couples of either sex and married couples of the same sex may be facing issues in the future, particularly in states that do not currently protect their rights.  While most legal scholars doubt any loss of existing rights, the Court’s overturning a 50-year precedent sent shockwaves about the sanctity of other long-established personal and privacy constitutional rights.
In short, this is a good time to consider, create, review or update documents that create or rely on your relationships, such…
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Generally, members of the board of directors of a corporation are protected from liability for the actions of the corporation and its employees, but that protection is not absolute and is being eroded by recent court rulings. In the corporation hierarchy, the shareholders (owners) elect the directors who are responsible for broad corporate policies and hire the officers (president, CEO, etc.) who are responsible for operating the business and hiring the employees. In small corporations, persons often hold multiple positions. To attract and protect your directors, particularly those who are just board members (independent directors), whether compensated or not, the…
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Generally, members of the board of directors of a corporation are protected from liability for the actions of the corporation and its employees, but that protection is not absolute and is being eroded by recent court rulings. In the corporation hierarchy, the shareholders (owners) elect the directors who are responsible for broad corporate policies and hire the officers (president, CEO, etc.) who are responsible for operating the business and hiring the employees. In small corporations, persons often hold multiple positions. To attract and protect your directors, particularly those who are just board members (independent directors), whether compensated or not, the…
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Our Business Bytes highlights recent publications, issues, events and successes that we think our clients and friends should know about. We seek out, sort, prioritize and summarize them for your quick review. Please contact us if you have any questions, issues or problems with your business or otherwise that we can help solve. 
Domestic Worker Rules. The Illinois Department of Labor issued final rules effective August 1, 2022, regarding the employment, compensation, conditions and employer requirements for domestic workers. They include obligations for domestic workers that are shared or employed by multiple households, including persons employed as nannies, caregivers, housekeepers…
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As any business can be a cyberattack target, business owners should:

• Foster a culture of security awareness in their organization by clear and consistent messaging, policies, and procedures.
• Have clear written security policies and incident response plans that provide guidance, rules and expectations when it comes to handling and accessing company systems and information, and addressing a breach.
• Provide regular and consistent training relating to security.
• Invest in technical safeguards and the people needed to keep them up to date, including continual monitoring, regular back up of systems, and maintaining physical security practices.
• Obtain a dedicated and appropriate cyber insurance

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A trademark is a legally protected, non-generic, unique and distinctive name, symbol, letter, word, mark, slogan, phrase, smell, color, sound or hologram that can be owned to identify your business, products or services. It identifies and distinguishes your business or product from competitors or copycats. The value of a successful trademark continues to increase, including licenses and sales, but they need to be properly designed, registered and protected in order to retain their value and prevent their unauthorized use.
Some tips regarding trademarks include:

• Make sure that your trademark is distinctive, non-generic and a strong identifier of your business, products

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The number of seniors targeted by scams, identity theft, charity fraud, online deception and undue influence increases each year. These occur in person and by phone, mail, e-mail, and social media, and target the most vulnerable. Don’t find out too late that those you care about are victims. You can assist, protect, and ensure them that they won’t become victims by discussing with them the use of a Power of Attorney, guardianship and other legal protections for their property, assets, income, and estates during their lives and after their death.
Please contact us to discuss what protections are available and…
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Unfortunately, many businesses are confronted with extraordinary losses and may be forced to choose between a creditor workout or a reorganization bankruptcy in order to survive. Some of the differences between workouts and bankruptcies include.

• Timing. A creditor workout is generally faster than a bankruptcy and can involve only a few major creditors as opposed to all. Bankruptcies also take longer because of the required notices and formalities.
• Cost. A creditor workout is usually less expensive than a bankruptcy as there are fewer filings and professional fees.
• Disruption to Operations. Unless a company is publicly, traded, owned, or has publicly

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Almost all employers in Illinois are subject to the Illinois Equal Pay Act, and any employers subject to the U.S. Minimum Wage Act are also subject to the Federal Pay Act, that ensure women are paid equal to men for the same job, and Title VII of the Civil Rights Act, that prohibits gender discrimination. While the determination of what constitutes equal pay is complex, violations, particularly shown to be in bad faith, can result in government enforcement actions and individual civil suits to recover compensatory damages, costs, attorney’s fees, and possibly punitive damages. As enforcement and…
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Eric Wilen presented his program “Navigating the Estate Planning Client Through Common Myths and Competing Voices” to the lawyers of the DuPage County Bar Association in June 2022. Eric discussed how estate planners can filter, evaluate and address clients’ most frequent misconceptions, fears, misinformation and “free” advice they receive from social media, family and friends about estate planning probate, taxes and inheritances before their first meeting with a competent, committed and capable estate planner, in order to meet the clients’ needs and exceed their expectations. As a distinguished estate planner and tax advisor, Eric often addresses groups of attorneys, accountants,…
Continue Reading Eric Wilen presents program: ‘Navigating the Estate Planning Client Through Common Myths and Competing Voices’

Operating your business as a limited liability entity generally protects your personal assets from claims of business creditors, but the informal operation of small to mid-sized and family-owned businesses can sometimes weaken that protection when things go bad, allowing a business creditor to reach the owners’ personal assets. Some of the areas where the risk is highest include:

• Signing Documents/Guaranties. Avoid personal guaranties, recourse loans and providing your personal information for business credit, and always sign as a representative.
• Breach of Fiduciary Duties. Officers, directors, employees and sometimes shareholders owe fiduciary duties to the entity and their improper conduct gives

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Blended families bring unique challenges to wealth, retirement, financial and estate planning. Divorce decrees, second families, new in-laws, stepchildren and a whole new clan are some of the issues to address. Using experienced counsel can ensure your wishes are honored and family disputes after your death are minimized. Some of the planning tools available for blended family planning include:

• Will.  The ultimate planning document and the final backstop to ensure your wishes are honored. While there are formalities, it can be changed by codicil or replaced when your wishes or situation change.
• Living Trusts. They hold your assets during life

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