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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’…

IRS Grants Extensions for Like-Kind (Section 1031) Exchanges04/13/2020

In Treasury Department Notice2020-23 (released April 9, 2020) and Internal Revenue Service update to Notice2020-18, the IRS provided additional relief for taxpayers amid the COVID-19 crisis by extending key deadlines for Like-Kind (Section 1031) Exchanges.  Specifically, the Notices extended some of the due dates related to the identification and final exchange periods.  These time periods are generally 45 days and 180…

U.S. Department of Labor Issues Temporary Regulations to Implement Families First Coronavirus Response Act, New OSHA Poster and Updates Regarding Expanded Illinois Unemployment Benefits04/08/2020

Families First Coronavirus Response Act On April 1, 2020, the U.S. Department of Labor (“DOL”) issued temporary regulations (the “Rule”) to implement the Families First Coronavirus Response Act (“FFCRA”), providing additional guidance to employers and employees on how to provide and take expanded family and medical leave or paid sick leave (collectively, “Leave”) under the FFCRA.  A copy of the…

Bankruptcy in the Time of Coronavirus04/06/2020

The Coronavirus crisis has arrived. This global pandemic has placed a hard stop on economic activity across the board, sending markets into freefall and skyrocketing unemployment claims to unprecedented heights. Chapter 11 filings are anticipated to surge, forcing bankruptcy courts to clean up large swaths of the crisis’ aftermath. But for now, it is anyone’s guess when the uptick in…

Payroll Protection Loan Program Update04/01/2020

The Small Business Administration has released the application for the Paycheck Protection Program and loans available pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The Treasury Department has released an information sheet for borrowers, which can be found here. Additional information can be found at the Treasury Department’s website, found here. The Treasury Department has encouraged…

Families First Coronavirus Response Act: Department of Labor Provides Additional Guidance04/01/2020

The Families First Coronavirus Response Act (the “FCCRA”) was signed into law on March 18, 2020.  Since then, questions as to scope and applicability have been raised by employers and employees alike.  The U.S. Department of Labor has and continues to provide guidance as to how employers and employees should interrupt the FFCRA.  A summary of the FCCRA can be…

Coronavirus Aid, Relief, and Economic Security Act (CARES Act)03/27/2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is Congress’s initial economic stimulus plan in response to the coronavirus pandemic. Additional economic stimulus packages are expected. The CARES Act was signed into law by the President today. The $2 trillion package provides relief to businesses, individuals, families, the healthcare system, states, and more. We are continuing to review…

An Estate Planning Check-up in Light of COVID-1903/27/2020

As we hunker down during COVID-19, here are seven tips to make sure your estate plan is in good health: 1. Make Sure Your Basics Are Covered At a minimum, every adult should have a Will, Power of Attorney for Health Care, Power of Attorney for Property and HIPAA Designation. Parents of minor children should be certain their Wills include…

Cannabis Businesses Currently Ineligible For Coronavirus Disaster Relief03/26/2020

On Monday March 23, the federal Small Business Administration (SBA) confirmed that cannabis businesses are ineligible for disaster relief loans to assist with the detrimental effects of the Coronavirus outbreak. In the recent Twitter post, the SBA stated, “With the exception of businesses that produce or sell hemp and hemp-derived products [that were federally legalized under the 2018 Farm Bill],…

Notices Required Under the Families First Coronavirus Response Act03/26/2020

On March 18, 2020, the President signed the Families First Coronavirus Response Act (the “Act”).  Yesterday, the U.S. Department of Labor provided sample posters for private and public employers to post prior to April 1, 2020. Here is a link to the DOL poster for private employers. Also, the DOL provided guidance regarding the manner of providing notice to employees…

Non-Performance of Contractual Obligations During the COVID-19 Pandemic03/23/2020

The economic uncertainty caused by the outbreak of the COVID-19 pandemic has impacted businesses and commercial relationships worldwide.  As COVID-19 continues to spread, businesses may experience disruptions that make it difficult or impossible to fulfill their contractual obligations.  Under certain circumstances, those disruptions may justify non-performance.  One such escape hatch is a force majeure clause, which is a provision contained…

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