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

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

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Continue Reading Personal and Family Asset Protection

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

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Continue Reading Business Scam Protections

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

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

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Continue Reading Asset Protection for Small Business Owners

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

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 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

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

In November, Eric Wilen was a co-panelist on a Speaker Panel for a seminar presentation to members of the Illinois State Bar Association Trust and Estates Section.  Eric and his co-panelists from the legal department of CIBC Bank USA presented on the topic of “Why Won’t the Bank Accept my Client’s POA?” The presentation focused on some of the reasons why a bank or other financial institution might reject a Power of Attorney and Eric provided perspective and tips for drafting Powers of Attorney and working a client’s financial institution to resolve any problems so the agent can be granted…
Continue Reading Eric Wilen Quoted in Illinois Bar Journal

In any relationship where the parties intend to jointly own or use property, legal advice is recommended to ensure that their intentions are clear and enforceable during their relationship and at its end by death or otherwise. Proper planning not only provides peace of mind but protection from the often unwanted “default provisions” of state law that will decide for you if you do not.
If you fail to plan to protect paramours (unmarried couples) or friends, they may have no or limited rights on your death or disability. If you fail to plan for your spouse at death, the…
Continue Reading Property Ownership for Couples

While the unique and complex provisions of contracts are generally the focus of concern, discussion and negotiation, drafters also need to pay attention to the more mundane and standard terms that every contract needs. If enforcement or interpretation is needed in the future, these standard terms provide guidance to the parties, arbitrators, judges and juries.
These provisions include:

• Contract information of all parties, attorneys and others involved.
• Definitions of the special or unique terms and the contract’s subject.
• Consistent terms, language, tenses and punctuation, with changes only in sections that need different treatment or interpretation.
• Spelling out details such as

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Continue Reading The Importance of Standard Contract Terms

Being served with a summons, subpoena, citation, claim, notice, lien or lawsuit is never good, but they cannot be ignored. As quick action is usually required, you should be prepared. Some initial steps in response to receiving one of these documents include:

• Stay calm. Most situations are amicably resolved.
• Docket it. Determine and calendar when a response is required.
• Report it. Your employer, partner, attorney, accountant or insurance carrier may be better equipped to handle it and respond.
• Get help. Hire an attorney or consult with other experienced relevant professionals.
• Gather up. Secure all documents, and information and identify all

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Continue Reading What to do if Sued