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Mergers & Acquisitions Restructuring

BETTER STRUCTURE Supported by Detail and Attention

Crafting deals and handing restructurings require a keen understanding of the numerous tax implications that come into play. Our tax attorneys take the time to understand the nuances of your objectives and structures before identifying potential tax strategies. By collaborating with HMB’s Business and Finance team as needed, our thorough analysis investigates your potential exposures to income, sales and use, gross receipts, franchise, payroll and other taxes.

We begin working on a transaction closing strategy right from the start of deal planning. This involves identifying favorable jurisdictions and deal structures while also minimizing tax inefficiencies. We help you reduce risk by uncovering lesser-known reporting responsibilities like bulk sale notifications. Post-closing, we ensure compliance in new and existing jurisdictions, identify new planning opportunities and create audit positions with appropriate reserve recommendations based on national state and local tax trends.

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Effectively and efficiently structuring and closing deals requires working with all of your professional advisors involved in the process and staying focused on your business objectives. We collaborate with your accountants, investment bankers, venture capitalists, in-house counsel and asset managers to create solutions that respond to opportunities.

 

David S. Ruskin Presented a Webinar, "Illinois Social Equity Legal Analysis With Cannabis Industry Lawyer David Ruskin" for the Medical Cannabis Community - Watch Now On DemandSeptember 17, 2020

David S. Ruskin presented a webinar for the Medical Cannabis Community about the Federal Court hearing regarding the lawsuit filed by multiple Illinois companies to contest the highly flawed cannabis dispensary license scoring process implemented by the state and their vendor, KPMG. Register here to watch the webinar on demand.…

Chris T. Lutz Elevated to State and Local Tax Practice ChairSeptember 14, 2020

Chicago, IL September 10, 2020 HMB Legal Counsel, a preeminent provider of legal services announced Chris T. Lutz as the Practice Chair for the State and Local Tax Group. As a practice group leader, Chris will oversee coaching, planning, economic oversight, positioning and recruitment for his group. Practice group leadership transitions are part of HMB's planning and leadership strategy, designed…

Richard M. Horwood, Rick S. Rein and Jeffrey A. Zaluda Named to Best Lawyers in America 2021 ListSeptember 8, 2020

Richard M. Horwood, Rick S. Rein and Jeffrey A. Zaluda were named to Best Lawyers in America 2021. Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.…

Virtual Depositions In COVID-19 – 6 Tips for AttorneysSeptember 3, 2020

The COVID-19 Pandemic has changed the landscape of taking and defending depositions.  Due to social distancing guidelines and travel restrictions, almost every deposition is taken remotely, and will be for the foreseeable future.  Below are a few considerations and suggestions for preparing for and taking your deposition in this new era: You cannot see non-participants in the room.  Depending on…

Fred O. Marcus Presents a Webinar - "SALT Nationwide Update" - Taxpayers' Federation of Illinois Fall Webinar Conference Series - 9/22/20September 1, 2020

9/22/20 Join Fred O. Marcus and Doug Lindholm of COST for a nationwide state and local tax update at the Taxpayers' Federation of Illinois Fall Webinar Conference Series. Learn more about the TFI's events here. Request a copy of the webinar here.…

State and Local Tax Illinois Practitioner SeriesSeptember 1, 2020

In the Illinois Practitioner Series, HMB's SALT team discusses various topics covering Illinois Procedures, Corporate Income Tax, Retailers' Occupation Tax (Sales Tax) and Use Tax and Local Taxes. Download the full booklet here. Questions? Reach out to the state and local tax team here.  …

Chris T. Lutz Published in "5 State & Local Tax Cases To Watch In The 2nd Half Of 2020" by Law360September 1, 2020

In this article from Law360 by Maria Koklanaris, Chris T. Lutz tackles questions regarding Wisconsin's state court of appeals to overturn a circuit court ruling that Deere & Co. is entitled to a dividends-received deduction from a Luxembourg affiliate that elected to be treated as a corporation for federal tax purposes. Read the full article by Law360 here. Wisconsin has argued…

Jordan M. Goodman Presents a Webinar - "Current Sales/Use Tax Audit Issue: A Practical Guide for Controversy Resolutions" - IPT Sales Tax Symposium - 10/7/20September 1, 2020

10/7/20 IPT will hold its 2020 Sales Tax Symposium, virtually, through a series of Webinars over a three-week period beginning the week of September 21, 2020. Jordan M. Goodman will present his webinar on October 7, 2020. This webinar series has been designed as a complete package offering attendees an opportunity to take advantage of a discounted fee of $495…

Marilyn A. Wethekam Presents a Webinar - "TCJA: States’ Reaction and COVID-19 Responsive Tax Provisions" - 27th Annual Paul J. Hartman State and Local Tax Forum - 10/27/20August 28, 2020

10/27/20 2:10PM CT Join Marilyn A. Wethekam, and other panelists, on this webinar discussing how more than two years after the enactment of the “Tax Cuts and Jobs Act” of 2017, we continue to learn the state tax consequences of this historic change in US international taxation. The subsequent federal and state government response to COVID-19, including the Coronavirus Aid,…

HMB Represents Hyde Park Angels in Lead Investment in Chicago-Based Smart Building StartupAugust 25, 2020

Cohesion, a Chicago-based startup which makes a SaaS platform for building managers, announced that it raised $6.5 million in a funding round led by HPA, with participation from Frasers Property Group, investment firm CMT and a host of individual angel investors. HMB represented Hyde Park Angels (HPA) in their lead investment and congratulates HPA on the closing. HPA's people-first approach…

Jordan M. Goodman Presents a Webinar - "Unclaimed Property Challenges: The Past, Present and Future" - Chicago Tax Club - 9/22/20August 25, 2020

9/22/20 12:30PM - 1:30PM CT Illinois CLE and CPE Pending In this webinar for Chicago Tax Club, Jordan M. Goodman, along with Maggie Young of Crowe and moderator Joe Carr of BDO will examine the case law that has shaped the unclaimed property industry. They will look at prior cases and how these of past decisions have driven the world…

HMB Congratulates Client Red Flag Mania on Partnership with WGU LabsAugust 21, 2020

HMB congratulates client, Red Flag Mania, a game-based investigative experience, and founders Roni Jackson and Kelly Richmond Pope, on their recent partnership with WGU Labs, Inc. ("WGU"). Under the agreement, WGU will make both a service and capital investment in Red Flag Mania, that's innovative e-learning solution combines film, theory and "whodunit" fun to empower learners to use data to…

Alicia A. Handy Named to Best Lawyers 2021 Ones to Watch ListAugust 21, 2020

Alicia was named to Best Lawyers 2021 Ones to Watch List. These awards are recognitions given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States. Best Lawyers' methodology for determining these awards is through peer-review. Learn more about Alicia here.…

45 Years of HMBAugust 20, 2020

It’s hard to believe that HMB first opened its doors this week, 45 years ago. This milestone celebrates decades of our collective determination to deliver better results to our clients. HMB was founded by Dick Horwood in 1975, focusing on tax matters. “When I started HMB I wanted to create a firm built around a culture of mutual respect and…

Marilyn A. Wethekam Presents a Webinar, "The Legal Landscape of 2020" - FTA Talks: Celebrity Speakers Series - 9/15/2020August 18, 2020

9/15/20 3:00PM - 4:30PM ET Join Marilyn A. Wethekam and Helen Hecht of the Multistate Tax Commission for "The Legal Landscape of 2020". This webinar, a part of the FTA Talks: Celebrity Speakers series, provides easy access to the unique challenges, successes and methodologies of immediate interest to a tax administrator. This discussion will include a Q&A section and will…

David A. Hughes, Samantha K. Breslow and Dakota S. Newton Present Various Topics at the ICPAS Summit20 - 8/26/20August 18, 2020

8/26/2020 Residency and Other State Income Tax Issues for Individuals - David A. Hughes and Dakota S. Newton 10:50AM - 11:40AM CT With the increase in flow-through entities, individual income tax issues are becoming more complex to navigate. Explore critical issues including credits for tax paid to other states, taxation of nonresident individuals, and income tax on the sale of…

Marilyn A. Wethekam and Jordan M. Goodman Present a Webinar - "Coast to Coast - State & Local Taxes" - Dallas TEI 2020 Tax School - 8/26/20August 18, 2020

8/26/20 Join Marilyn A. Wethekam and Jordan M. Goodman for a look around the country on the relevant cases that affect taxpayers in the income tax, sales tax and franchise tax arenas. This webinar will be held for the Dallas TEI community. Learn more about the Dallas Chapter of Tax Executives Institute here.…

Marilyn A. Wethekam Discusses the False Claims Act in "Conversion on False Claims Act Expansion - Does it Make Sense?" with Tax Notes StateAugust 17, 2020

In this discussion of the policy considerations of expanding state False Claims Act to taxes, Nikki E. Dobay and Stephanie T. Do interviewed four state and local tax experts who have experience with the ramifications of state false claims acts: Marilyn A. Wethekam, Helen Hecht, uniformity counsel and Brian Hamer, counsel to the Multistate Tax Commission and David Pope, partner…

Marilyn A. Wethekam and Jordan M. Goodman Present "The Ramifications of the TCJA and the COVID-19 Crisis for State Taxation" at the North Atlantic Regional State Tax COST WebinarAugust 12, 2020

8/25/20 3:00PM - 5:15PM ET CPE/CLE Credit Join Marilyn A. Wethekam and Jordan M. Goodman for a discussion about TCJA hosted by COST. This webinar is open to industry tax professionals from COST member companies and industry tax professionals from non-COST member companies. Practitioners are not eligible to attend this seminar (except for those sponsoring or speaking). This webinar will…

Coronavirus (COVID-19) Updates and ResourcesJuly 28, 2020

The ongoing issues related to the spread of the Coronavirus (COVID-19) have had and will continue to have a significant impact on individuals, families, businesses and markets. To better address the multifaceted and fluid effects of this pandemic, HMB has formed a COVID-19 Business Emergency Response Team. This multi-disciplinary team of attorneys will address key issues related to business and…

Marilyn A. Wethekam Presents a Webinar - "Learning From the 2019 Survey of State Tax Departments" - Bloomberg Tax & Accounting - 7/28/2020July 28, 2020

7/28/2020 Marilyn A. Wethekam spoke with Bloomberg Tax & Accounting to discuss the 2019 Survey of State Tax Departments. This webinar takes a closer look at the recent trends in state corporate income taxation, analyze the survey results in these areas and provides a discussion on recent changes in states’ taxation of corporations. Watch the webinar on-demand in the Bloomberg…

Longer Notice Requirements for Residential Lease Renewals, Terminations and Rent IncreasesJuly 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…

HMB Represents Mark-It Express Logistics LLC in Second Acquisition of an Intermodal Company in 2020July 22, 2020

Mark-It Express Logistics LLC ("Mark-It"), a leading Midwest intermodal trucking and freight brokerage company, acquired Sava Transportation ("Sava"), a Maywood, Illinois-based intermodal freight hauling company. HMB represented Mark-It in the acquisition. Mark-It, founded in 2009 and recently named to Crain Chicago's Fast 50 for the second time and INC. 5000 for the fourth time, offers a full array of third-party…

Brett M. Winterstein Elevated to Business and Finance Practice ChairJuly 22, 2020

Chicago, IL July 21, 2020 HMB Legal Counsel, a preeminent provider of legal services announced Brett M. Winterstein as the Practice Chair for the Business and Finance Group. As a practice group leader, Brett will oversee coaching, planning, economic oversight, positioning and recruitment for his group. Practice group leadership transitions are part of HMB's planning and leadership strategy, designed to…

Marilyn A. Wethekam Presents a Webinar- "Blowing the Whistle on Qui Tam Laws" - Georgetown State and Local Tax Institute - 8/12-13/20July 21, 2020

8/12-13/20 Join Marilyn for the 2020 Virtual Advanced State and Local Tax Institute on August 12-13. This Institute, hosted by Georgetown Law's Executive and Continuing Legal Education Department, has provides attorneys, accountants, and tax managers with in-depth, practical analysis of significant state and local tax developments. In her presentation, "Blowing the Whistle on Qui Tam Laws", Marilyn will discuss how…

Rick S. Rein Presents a Webinar with Strafford- "Enforcing U.S. Judgments Outside the U.S" - 9/2/20July 9, 2020

9/2/20 1:00PM-2:30PM ET Join Rick, with a panel of experts, for this CLE webinar that will discuss how to locate and seize offshore assets with which to satisfy a US obligation or judgment. The panel will also address tools to prevent the removal of assets to other countries. The panelists will address issues such as: What countries are the hardest…

State and Local Tax "Work From Home" Webinar SeriesJuly 8, 2020

We know most of our clients and friends have seen significant changes to their daily lives. HMB's SALT team has been working around the clock to provide excellent service to our clients and we're really excited to offer a new series of "Work From Home" webinars. Please join us every Wednesday at 12:30PM Central Time. Below is a list of…

David W. Machemer and Samantha K. Breslow Present a Webinar - "Chicagoland Local Taxes: From Audit to Resolution" - 7/15/20July 8, 2020

7/15/2020 12:30PM - 1:30PM CT CPE And CLE Credit Chicagoland revenue departments have become increasingly more aggressive with respect to the enforcement and collection of local taxes. This presentation will explore local taxes that have recently seen increased audit activity, including the Lease Transaction, Amusement, Tobacco and Motor Fuel taxes. They will discuss audit best practices and provide an overview…

Rick S. Rein and Karl E. Analo Secure $4.6 Million Victory in Breach of Commercial Guaranty DisputeJuly 8, 2020

HMB litigators Rick S. Rein and Karl E. Analo secured a complete victory in a recent breach of guaranty dispute.  The team obtained summary judgment in their client’s favor on all counts resulting in a total judgment of over $4,600,000 as well as attorneys’ fees. HMB’s client leased certain equipment to a hospital pursuant to a commercial equipment lease.  The…

Jordan M. Goodman and Dakota S. Newton Present a Webinar, "Nexus in 2020: Wayfair's Legacy, Marketplace Facilitators, and Emerging Income Tax Issues" - 7/22/20July 7, 2020

7/22/20 12:30PM-1:30PM CT CPE and CLE Credit Jordan and Dakota examine Wayfair’s continuing impact on direct and indirect tax nexus standards and analyze the inconsistent patchwork of marketplace facilitator rules around the country. They also discuss emerging income tax issues related to eroding P.L. 86-272 protections and the throwback and throwout rules. This webinar will be presented via Zoom. Register…

Marilyn A. Wethekam and David W. Machemer Present a Webinar, "State Tax Implications of TCJA and the CARES Act & Sales Tax Traps in M&A in Uncertain Times" - 7/29July 7, 2020

7/29/20 1:30PM-3:30PM CT In this two-part webinar for the Tulsa area, Marilyn and David will discuss: Part I: State Tax Implications of TCJA and the CARES Act - A discussion of the states' reaction to the CARES Act and the state tax implications of the interaction of TCJA and CARES Act. Part II: Sales Tax Traps in M&A in Uncertain…

Chris T. Lutz Discusses Top State and Local Tax Case of 2020 with Law360July 6, 2020

In "Top State & Local Tax Cases of 2020: Midyear Report" by Law360, Chris T. Lutz discusses Honigman Miller Schwartz & Cohn LLP v. City of Detroit. The closely watched case went to issues currently at the heart of state taxation, the definition of a service and where the income from that service should be sourced. While falling short of…

Marilyn A. Wethekam Published in Tax Notes State - "Controlling the Way in Which We Respond"July 6, 2020

In her excerpt from the first installment of Board Briefs in 2020 from Tax Notes State, Marilyn addresses tax issues related to the digital economy. Download the full article by Tax Notes State here. In the words of that great philosopher Snoopy, “When you can’t control what’s happening around you, challenge yourself to control the way in which you respond.”…

Jeffrey A. Zaluda Honored with JCUA's 2020 Rabbi Robert J. Marx Social Justice AwardJuly 6, 2020

Each year, the Jewish Council on Urban Affairs honors an individual with the Rabbi Robert J. Marx Social Justice Award, recognizing their commitment to JCUA’s mission of fighting racism and poverty in partnership with Chicago’s diverse communities. This year on July 20, the award will be presented to Jeff Zaluda for his lifelong dedication to pursuing social justice and a…

Stavros S. Giannoulias and John R. Wiktor Win Trial to Enforce $1M Oral Pledge to Non-Profit CongregationJuly 1, 2020

Stavros S. Giannoulias and John R. Wiktor filed claims on behalf of a non-profit Congregation to enforce two oral pledges made by one of its prominent and beloved members, who died suddenly before fulfilling his pledges. The Congregation filed claims in the probate proceedings in the Circuit Court of Cook County, Illinois asserting that its member made a $1 million…

Procedures of the Circuit Court of Cook County During the CoronavirusJuly 1, 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…

David A. Hughes Discusses Illinois Nonresident Workers and State Income Tax with Law360June 29, 2020

In an article by Daniel Tay and published by Law360, David A. Hughes discusses how Illinois nonresident employees have received a 30-day safe harbor against state income tax to carry out a 2019 law intended to prevent double taxation. Illinois' 30-day threshold is longer than the periods seen in other states David told Law360. He also noted that the Illinois…

Chicago City Council Passes New COVID-19 Residential Eviction "Moratorium" OrdinanceJune 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 ProgramJune 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…

David A. Hughes Presents a Webinar to the Sales Tax Institute - "Basics of Sales Tax" - 6/22/20June 17, 2020

6/22/20 10:00AM - 3:30PM Basics of Sales and Use Tax is an interactive live online training course designed for individuals working in financial or accounting corporate and consulting environments. This course is best for those who currently handle (or will soon handle) sales and use tax for their company, themselves or their clients. Basics helps you learn all the sales…

David A. Hughes and Jordan M. Goodman Present a Webinar to AGN - "Recent SALT Developments Relating to Pass-Through Entities (AKA Everything You Wanted to Know But Were Afraid to Ask)" - 5/27/2020June 12, 2020

5/27/20 David and Jordan will present a webinar to AGN North America to discuss recent SALT developments relating to Pass-through Entities. The webinar will cover: Nexus and doing business Credit for tax paid in other jurisdictions SALT Cap Deduction workarounds California issues New Partnership Audit rules…

David W. Machemer Presents a Webinar for the Equipment Leasing and Finance Association - "Three Best Practices for Managing Sales Tax in Turbulent Times" - 6/24/20June 12, 2020

6/24/20 David W. Machemer will present a webinar to the Equipment Leasing and Finance Association with other sales tax professionals. This webinar will highlight sales tax best practices with three key areas: Immediate concerns with lease re-writes; Strategic planning with marketplace facilitator laws; and Audit resolution best practices (keep your cash)! Register for the event here.…

Force Majeure? It’s Unorthodox, But I’ll Allow It: Bankruptcy Court Excuses § 365(d)(3) Performance Due to CoronavirusJune 10, 2020

In an opinion for our troubled times, Northern District of Illinois Bankruptcy Judge Donald Cassling granted debtor Hitz Restaurant Group (“Hitz”) some reprieve from § 365(d)(3)’s strict requirements due to a combination of COVID-19 shutdown orders and a favorably-worded force majeure clause. Hitz’s landlord, Kass Management Services, Inc. (“Kass”) moved to lift the automatic stay after Hitz stop making its…

Keith H. Berk, Shelley H. Koren and Alicia A. Handy Present "Preparing for Employee COVID-19 Claims" to the YPO Chicagoland Chapter - 6/10/20June 8, 2020

As Illinois and other states have begun to roll-back stay at home orders, employers need to be prepared for employee COVID-19 claims. Join YPO Gold Chicago Member and HMB Partner, Keith H. Berk, and his COVID-19 Task Force members Shelley H. Koren and Alicia A. Handy for a discussion on how to prepare your business in managing COVID-19 in the…

Samantha K. Breslow Published in Tax Notes State - "Internet Tax Freedom Act: Protector From the Tax Man?"June 8, 2020

In this second of a three-part series, Breslow discusses the Internet Tax Freedom Act and whether the digital world has really been protected from the tax man. Adoption and Intent of the ITFA Initially adopted in 1998 under the Clinton administration with the mantra “no new internet taxes,” the Internet Tax Freedom Act (ITFA) was made permanent on February 24,…

John W. Guzzardo and Nathan E. Delman Published in Journal of Corporate Renewal - "Global Pandemic Is Surprise Addition to Restaurant’s Turnaround Menu"June 1, 2020

View the PDF from Turnaround Management Association's Journal of Corporate Renewal here. John W. Guzzardo and Nathan E. Delman, with John B. Pidcock of Oxford Restructuring Advisors LLP, discuss how Red South Beach responded to the COVID-19 crisis by quickly taking a number of actions designed not only to survive but to emerge financially stronger once the crisis is over.…

Procedures of the United States District Court for the Northern District of Illinois During the Coronavirus CrisisMay 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 CrisisMay 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…

Marilyn A. Wethekam Presents a Webinar with IPT - "Drop Shipments and Distribution Centers: How Recent Case Law is Changing the Game" - 6/9/20May 29, 2020

6/9/20 1:00PM - 2:00PM CT The sales tax implications of adding a third party through drop shipments and sales through distribution centers are a major source of confusion for companies that sell into multiple states. This is even truer in the wake of court cases like South Dakota c. Wayfair and South Carolina v. Amazon. Remote sellers and drop shippers…

David S. Ruskin Speaks as a Panelist at the International Cannabis Bar Association Virtual Conference- 6/2/20May 29, 2020

6/2/20 David will be speaking on two panels for the International Cannabis Bar Association. Register here for the day-long virtual event.  Ethics Rule 1.2: Complying With the Novel "Also Advise" Clause Since the permitted scope of legal representation begins with this threshold requirement, hear from the panel about what "also advise" means in practice, including what federal laws are considered…

Fred O. Marcus, David A. Hughes and Samantha K. Breslow Present a Webinar, "Pass-Through Entities: Recent SALT Trends and Developments" - 6/24/20May 28, 2020

6/24/20 12:30PM - 1:30PM CT CPE Credit Join Fred O. Marcus, David A. Hughes and Samantha K. Breslow for a webinar discussing how determining the applicability of state taxes to PTEs (and their partners or members) can often be unnecessarily complex. They will bring clarity by exploring recent developments relating to nexus/“doing business”, credits for taxes paid in other jurisdictions,…

HMB Represented the Founder of VisTracks in Sale to Global Leader in Transportation and LogisticsMay 28, 2020

Omnitracs, LLC ("Omnitracs"), a global pioneer of fleet management solutions to transportation and logistics companies, announced its acquisition of VisTracks, a leading provider of device-agnostic, SaaS-based compliance solutions to the transportation and logistics industry. HMB represented VisTracks' founder, Stephen G. Eick, in the transaction. The VisTracks architecture provides a lightweight, mobile device-based and cloud-enabled solution, which will allow Omnitracs to…

HMB Represented Project Management Advisors in Partnership Deal with Austin-Based Construction Management CompanyMay 27, 2020

Project Management Advisors ("PMA"), a real estate and development consultancy company, announced its partnership with American Realty Project Management ("ARPM"), a full-range construction oversight and project management company. HMB represented PMA. This partnership will expand the Austin offices and broaden both PMA and ARPM client and industry sector involvement in the Austin market and neighboring area. The alliance will continue…

Chicago City Council Approves COVID-19 Anti-Retaliation Ordinance; OSHA and CDC Release Additional GuidanceMay 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…

HMB Represented Hadley Capital in Acquisition of a Manufacturer of Premium Animal Bedding and Litter ProductsMay 26, 2020

Hadley Capital ("Hadley"), a small-business investor, announced its acquisition of Equustock, a manufacturer of animal bedding and litter products, predominantly horse-related products sold under their Guardian Horse Bedding brand. HMB represented Hadley in the transaction. Founded in 1998 bu Scott Dickes, Hadley plans to build on the Guardian Horse Bedding brand's excellent reputation and to expand Equustock's production capacity and…

David A. Hughes Presents "Emerging Trends in Unclaimed Property Compliance - Considerations to Avoid Post-pandemic Exposure" - 6/10/20May 21, 2020

6/10/20 1:00PM - 2:30PM ET The COVID-19 pandemic is affecting businesses in many different ways: furloughs and job losses, variant priorities, and virtual working environments. These disruptions can make monitoring policies and accounting practices more difficult, making the maintenance of proper escheat reporting and records of utmost importance. As states move to close budget gaps due to lost tax dollars…

John Wiktor will Discuss Legal Issues Relating to COVID-19 at the JourneyCare Virtual Town Hall - 5/28/20May 21, 2020

5/28/20 11:00AM - 12:00PM CT Please join John Wiktor, with President and CEO of JourneyCare, Kimberly Hobson and Greg Hummel of BCLP, LLP, for a virtual town hall to discuss legal issues and changes in the time of COVID-19. This is your opportunity to learn from industry leaders about estate planning tools and changes, tax law updates, and new employee/employer mandates…

Keith H. Berk, Shelley H. Koren and Alicia A. Handy Present "Preparing for Employee COVID-19 Claims" to the YPO Chicago Gold Chapter - 5/20/20May 13, 2020

As Illinois and other states begin to roll back stay-at-home orders, employers need to be prepared for employee COVID-19 claims. YPO Chicago Gold Chapter member, Keith H. Berk, will be joined by COVID-19 task force members Shelley H. Koren and Alicia A. Handy to discuss how to prepare your business to manage COVID-19 in the workplace. This YPO Chicago Gold…

Marilyn A. Wethekam Present a Webinar - "Virtual Resolutions" - 5/27/20May 12, 2020

5/27/20 12:30PM - 1:30PM CT CPE Available While most of the country is still manning the trenches from home, this presentation will explore how to navigate both state audits and the resolution of tax controversies all while working from home. We will identify common best practices in developing, tracking and maintaining your case budget and adjustments that may need to…

Chris T. Lutz and Jordan M. Goodman Present a Webinar - "Navigating State & Local Tax Assets in Difficult Times" - 6/10/20May 12, 2020

6/10/10 12:30PM - 1:30PM CT CPE Available As economic growth slows, companies will often look to their tax departments to ensure they are on top of all cost saving measures available. Chris and Jordan will discuss state income tax net operating loss carrybacks, credits, and other available tax assets that can often be complicated or uncommon. They will also discuss…

Insurance Claims & Related Issues Due to COVID-19 - What Every Business Should KnowMay 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 PlanningMay 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: 1. Review Your Plan Before getting into advanced estate plan strategies, for clients with existing estate plans, now is…

Restrictions on Commercial EvictionsMay 5, 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 KnowMay 1, 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-19May 1, 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,…

Shelley H. Koren and Alicia A. Handy Present a Webinar - "Preparing for Employee COVID-19 Claims" - 5/14/20May 1, 2020

As Illinois and other states begin to rollback stay-at-home orders, employers need to be prepared for employee COVID-19 claims. Please join us for a 45 minute discussion on how to prepare your business to manage COVID-19 in the workplace. The discussion will include guidance on: What to do when an employee notifies you that they have COVID-19 What to do…

Work From Home Insurance AlertApril 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?April 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 MattersApril 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’…

Jordan M. Goodman Provides Insight on States Considering Gross Receipts Taxes in Order to Cope with Virus Impact to Bloomberg Law TaxApril 27, 2020

An article published by Bloomberg Law Tax discusses the possible reemergence of Gross Receipts Taxes in states due to the COVID-19 pandemic. Gross receipts taxes are becoming attractive because they rely on calculations of total commercial activity rather than profitability, said Jordan M. Goodman. Jordan continued to say that, "During the COVID-19 recession you are going to see a lot…

Marilyn A. Wethekam Published in Tax Notes State - "Tax Policy in a Digital Age - Square Pegs in Round Holes"April 23, 2020

In her excerpt from the first installment of Board Briefs in 2020 from Tax Notes State, Marilyn addresses tax issues related to the digital economy. Download the full article from Tax Notes State here. Generally, you cannot put a square peg in a round hole. However, that is precisely what may be occurring as a result of the meteoric growth…

Fred O. Marcus Nominated for the Northwestern University Pritzker School of Law's Adjunct Professor of the Year AwardApril 21, 2020

Congratulations goes to Fred for his nomination for the Northwestern Pritzker School of Law's Adjunct Professor of the Year Award. Northwestern University is a member of the Top 14, a group of law schools that have received national recognition. Read more about Fred here. …

Chris T. Lutz and Samantha K. Breslow Present a Webinar - "State Taxation of Digital Goods and Services in 2020" - 5/20/20April 21, 2020

5/20/20 12:30PM CST CPE Pending Recent state cases like Ex Parte Russell County Community Hospital and Citrix Systems are just the tip of the iceberg as states audit taxpayers in a digital economy. Chris and Samantha will provide an update on recent cases and legislation in this area and, more importantly, will describe their experiences with taxpayers as they attempt…

Chris T. Lutz Presents a Webinar - "Apportion of Our Thoughts: Where are we and Where are we Going in Apportionment of State Income?" - 5/13/20April 21, 2020

5/13/20 12:30PM CST CPE Pending States continue to transition to market based sourcing and combined reporting. Notwithstanding that trend, uniformity among the states remains elusive. We will delve into recent state legislation, regulatory changes, and cases that are shaping the frontier of apportionment of state income. Chris will present this webinar via Zoom. Register for the event here. We know…

Jordan M. Goodman and Marilyn A. Wethekam Present a Webinar - "Coast to Coast State & Local Tax Cases" - 5/6/20April 21, 2020

5/6/2020 12:30PM CST CPE Pending Despite the closing of state courts around the country, SALT keeps moving forward. This presentation will get you caught up with what is happening in state courts from coast to coast. Jordan and Marilyn will present this webinar via Zoom. Register for the event here. We know most of our clients and friends have seen…

David A. Hughes and Samantha K. Breslow Present a Webinar - "Internet Tax Freedom Act: Protector from the Taxman?" - 4/29/20April 20, 2020

4/29/2020 12:30PM CST CPE Pending The intent of the Internet Tax Freedom Act was to protect electronic commerce from the taxman, but has it succeeded? This webinar will focus on recent pending cases (Labell v. City of Chicago and Apple, Inc. v. City of Chicago) involving ITFA claims and proposed legislation (Digital Advertising Gross Revenues Tax) that potentially implicates ITFA.…

HMB Welcomes Tara Reedy Sliva and Expands Intellectual Property PracticeApril 15, 2020

4/15/20 Chicago, IL HMB Legal Counsel, a preeminent provider of legal services in business and finance, litigation, trusts and estates, real estate, state and local taxes and corporate reorganization, bankruptcy and creditor's rights, announced that accomplished trademark and copyright attorney, Tara Reedy Sliva joined the firm as a partner and will lead the firm’s growing intellectual property practice. Tara’s practice…

IRS Grants Extensions for Like-Kind (Section 1031) ExchangesApril 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…

HMB Client MOCA Awarded One of First Recreational Dispensary Licenses in ChicagoApril 13, 2020

Congratulations to MOCA-Modern Cannabis for being awarded an adult-use dispensary license to operate at 216 W Ohio St in the River North neighborhood. MOCA’s original dispensary continues to operate in Logan Square at 2847 W. Fullerton as a medical and adult-use dispensary. The IDFPR final approval was granted to MOCA on April 3, following city inspection. HMB congratulates MOCA for…

U.S. Department of Labor Issues Temporary Regulations to Implement Families First Coronavirus Response Act, New OSHA Poster and Updates Regarding Expanded Illinois Unemployment BenefitsApril 8, 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 CoronavirusApril 6, 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…

HMB Represents Engineered Plastic Systems in Acquisition Deal with Georgia-Based ManufacturerApril 6, 2020

Engineered Plastic Systems ("EPS"), an engineer and manufacturer of high-density polyethylene ("HDPE"), announced its acquisition by CMI Limited Co. ("CMI"), a Georgia-based manufacturing portfolio company of Capital Partners. HMB represented EPS in the transaction. EPS is headquartered in Elgin, Illinois and manufactures HDPE for decking, railing and park products among others. Founded in 2000, EPS markets its products under Lumberock,…

Payroll Protection Loan Program UpdateApril 1, 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 GuidanceApril 1, 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…

Aaron L. Hammer, Sean D. Auton, Bill Katris and Matthew R. Barrett Present a Webinar "Contract Rights and Insurance Claims Under COVID-19" to the Young Presidents' Organization - 4/8/2020March 30, 2020

4/8/2020 12:00pm CST Sean D. Auton, Aaron L. Hammer, Bill Katris and Matthew R. Barrett will discuss COVID-19 and its impact on Contract Rights and Insurance Claims. This webinar for the Chicagoland Chapter of the Young Presidents' Organization will address questions such as: Contract Rights under COVID-19 I can’t perform under my contract or leases - what remedies do I…

Chris T. Lutz Presents a Webinar "The State of Combined Reporting" to the D.C. Bar - 4/7/20March 30, 2020

***THIS WEBINAR IS REPLACING THE EVENT ORIGINALLY SCHEDULED FOR TUESDAY, MARCH 10*** 4/7/20 12:15PM Eastern Standard Time In this webinar, Chris will discuss Maryland's perennial attempts to adopt mandatory unitary combined reporting ("MUCR") as well as other proposed state legislation such as Pennsylvania's MUCR proposal and New Hampshire's proposed worldwide combined reporting bill. Chris will also address the nuances of…

Coronavirus Aid, Relief, and Economic Security Act (CARES Act)March 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-19March 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…

David A. Hughes Provides Insight on Illinois Supreme Court's Refusal to Hear Streaming Tax Challenge To State Tax NotesMarch 27, 2020

An article published by State Tax Notes discusses the Illinois Supreme Court's refusal to review an appellate court decision that Chicago's amusement tax as applied to online streaming services does not violate the state constitution or the Internet Tax Freedom Act (ITFA). The court denied the petition for leave to appeal in Labell v. City of Chicago, letting stand the…

Cannabis Businesses Currently Ineligible For Coronavirus Disaster ReliefMarch 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 ActMarch 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 PandemicMarch 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…

Zone of Insolvency and Fiduciary Duties – a Brief Summary of What Directors and Officers Need to KnowMarch 23, 2020

The outbreak of the COVID-19 pandemic has impacted businesses and commercial relationships worldwide. As commercial operations continue to be shuttered and revenues cut off, principals of companies will likely find themselves questioning where their obligations and responsibilities lie when the entity’s solvency is questionable.  When a corporation is solvent, the fiduciary duties of the corporation's board of directors run to…

Are COVID-19 Losses Covered By Business Interruption Insurance?March 23, 2020

Covid-19 is disrupting businesses, their supply chains and their customers and causing major losses. Governors of Illinois, California, New York and Pennsylvania have issued “stay at home” and similar orders impacting employees and many businesses. Are any of these losses covered by insurance? The answer is maybe. The type of insurance a business carries and the specific insurance policy language are critical to determine…

Illinois Governor Issues Executive Order Requiring Individuals to Stay at HomeMarch 20, 2020

This afternoon, Governor Pritzker issued an Executive Order in response to COVID-19 (No. 8).  The Order is effective as of Saturday, March 21, 2020 at 5:00 p.m. through Tuesday, April 7, 2020.  Here is a link to the Order. The Order provides that: All individuals in Illinois are to stay at home or at their place of residence, except as…

Chicago Mayor Announces Payment Extension for Local TaxesMarch 20, 2020

On March 19, 2020, Chicago Mayor Lightfoot announced that the City of Chicago will extend the due date for “small businesses” to pay the following Chicago taxes to April 30, 2020: Bottled Water Tax, Checkout Bag Tax, Amusement Tax, Hotel Accommodations Tax, Restaurant Tax, and the Parking Tax. The City requires that taxpayers pay these taxes on or before the…

Families First Coronavirus Response ActMarch 19, 2020

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…

Marilyn A. Wethekam Presents "Everything That Is Old Is New Again" at the COST Income Tax Conference - 4/28/20March 19, 2020

****Due to the COVID-19 virus, this event has been cancelled. HMB will update this page once a new date, location, or other important piece of information has been shared by the event organizers.**** 4/28/20 New Orleans, LA In this session, Marilyn will focus on older corporate income tax concepts such as factor representation and dividend received deductions that have resurfaced…

David Ruskin presents "The Business of Marijuana in Illinois" at The Seminar Group - 4/16/20-4/17/20March 19, 2020

****Due to the COVID-19 virus, this event has been cancelled. HMB will update this page once a new date, location, or other important piece of information has been shared by the event organizers.**** 4/16/20-4/17/20 Chicago, IL David Ruskin, with other practitioners and policymakers, will discuss topics directly related to Illinois' Cannabis Regulation and Tax Act. The seminar will cover: A…

Indicate Precisely What You Mean to Say: The Importance of Accuracy on UCC-1 Financing StatementsMarch 18, 2020

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)…

COVID-19 Guidance for Illinois EmployersMarch 17, 2020

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…

HMB's Response to COVID-19March 12, 2020

The ongoing issues related to the spread of the Coronavirus (COVID-19) have had and will continue to have significant impact on individuals, families, businesses and markets.  We know that many of you are affected and share our concerns regarding the safety and well-being of our friends and our staff and we hope you and your families are healthy and safe.…

Jordan M. Goodman participates in a Mock Trial at the Unclaimed Property Professionals Organization - 3/31/20March 4, 2020

****Due to the COVID-19 virus, this event has been cancelled. HMB will update this page once a new date, location, or other important piece of information has been shared by the event organizers.**** 3/31/20 JW Marriott Starr Pass Tuscon, AZ Jordan will participate in a mock trail as the attorney for a business that is being audited in an unclaimed…

Jordan M. Goodman Presents "The Annual Big Easy Brawl: Top State Tax Cases & Trends in 2020" at the ABA/IPT Advanced Tax Seminar - 3/17/20March 3, 2020

3/17/20 Royal Sonesta New Orleans New Orleans, LA The Annual "Big Easy Brawl" is back! Jordan, with Professor Rick Pomp, will bring years of experience to share insights and discuss divergent positions to complicated SALT controversies. This session will be a test of ideas and perspectives on current and trending SALT issues and policies. Register for the event here. Read…

Jordan M. Goodman Discusses Various Topics with The Unique CPA podcastMarch 3, 2020

Jordan was invited to speak on The Unique CPA podcast at Twin Flames Studios. During the podcast, Jordan discusses various topics including: What it is like practicing international tax yet all statutes are in English Wonderful opportunities for lawyers to argue about constitutional issues The ability to help clients on a national basis Listen to the podcast here.  Read more…

Fred O. Marcus and David A. Hughes Present Various Topics at TEI Regional Conferences - 3/18/20 and 4/23/20February 26, 2020

****Due to the COVID-19 virus, this event has been cancelled. HMB will update this page once a new date, location, or other important piece of information has been shared by the event organizers.**** Fred O. Marcus and David A. Hughes will present various topics at two upcoming TEI Regional Conferences. 3/18/2020 Buffalo, NY Fred and David will present an update…

David A. Hughes and Chris T. Lutz Present "What to Do with Public Law 86-272" at the ABA/IPT Advanced Income Tax Seminar - 3/16/20February 26, 2020

3/16/20 New Orleans, LA Public Law 86-272 is now 60 years old. While P.L. 86-272 made sense in the pre-internet, manufacturing oriented economy of 1958, many commentators have called into question the law's continuing relevance in a digital and services based world. David and Chris will explore what P.L. 86-272 means in 2020 and how states, taxpayers and Congress will…

Hal J. Wood and Matthew R. Barrett Secure Victory in Highly Contested Post-Transaction DisputeFebruary 26, 2020

HMB litigators Hal J. Wood and Matthew R. Barrett secured a complete victory in a recent highly contested post-transaction dispute. The team obtained summary judgment in their clients’ favor on all counts, including an award of 100% of the clients’ attorneys’ fees, resulting in a total judgment of over $9,000,000 in favor of HMB’s clients. HMB’s clients were the sellers…

A Warning: Cook County Assessor's Real Property Income and Expense (RPIE) LetterFebruary 26, 2020

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…

Rick S. Rein Presents "Litigation Finance: A Conversation about the Basics and Latest Complexities" at HMB's Office - 3/3/20February 26, 2020

3/3/2020 HMB's Office 500 W Madison Suite 3700 Chicago, IL Rick will discuss, with other industry panelists, the following emerging topics in litigation finance: The best candidates for litigation finance Litigation funding in bankruptcy How a party secures financing How attorneys and claimholders can engage with funders The latest developments in litigation finance in 2020 This seminar is hosted at…

David A. Hughes and Samantha K. Breslow Moderate Various Topics at the Chicago Tax Club - 2/25/20February 25, 2020

2/25/20 Chicago, IL David A. Hughes moderated "Staying Close to Home: An Update on Recent Illinois, Chicago and Cook County Developments". 2019 was a busy year at both the state and local level in Illinois. During this session, the presenters will review several pieces of significant new legislation including new rules for sales and use tax collection by remote sellers…

Jordan M. Goodman Presents Various Topics at COST's 2020 Sales Tax Conference Audit Session - 2/26/20-2/27/20February 21, 2020

Waldorf Astoria Las Vegas, NV 2/26/20 Jordan presents "Top 30 Issues/Cases in 2020". In this session, Jordan will discuss the major issues that will be evolving in the coming year. Click here to register for the event.…

Jordan Goodman and Marilyn Wethekam Present "Top State Tax Cases and Trends in 2020" at the TEI-Houston Tax School Session - 2/25/20February 21, 2020

2/25/2020 Hyatt Regency Houston Houston, TX Jordan and Marilyn will discuss recent SALT developments and trends at the TEI-Houston Tax School Session. Attendees will learn about topics including: U.S. Supreme Court Jurisdictions to Tax Combined Reporting Tax Base Issues Apportionment Issues Procedural Traps Click here for a copy of the presentation. Contact Jordan and Marilyn here.…

Aaron L. Hammer, David S. Ruskin and Nathan E. Delman Discuss the Hurdles and Risks Facing Cannabis Businesses with the Cannabis Industry JournalFebruary 18, 2020

Two thirds of all states and the District of Columbia have, to varying degrees, legalized cannabis. With the recent addition of Illinois, eleven states now allow adult recreational use. But cannabis entrepreneurs’ rush of excitement and dreams of cashing in is met with fierce competition and economic risks that makes the dreams, which look so dank at first, end up…

Rick S. Rein Presents "What's New for Receivers Around the World?" at the NAFER International Offshore Conference - 3/5/20February 12, 2020

3/5/20 Miami, FL Rick Rein, with a panel of experts comprised of professionals both foreign and domestic, will discuss new developments in statutory and case-law that impacts US receivers as they deal with actions and assets abroad. The session will focus on important new developments in the field around the world including topics concerning Brexit, China and more. Other challenges…

HMB Represents Svoboda Capital Partners in Recapitalization Deal with Management and Technology Consulting FirmFebruary 12, 2020

Svoboda Capital Partners ("SCP"), a private equity firm, announced its partnership and recapitalization with Kenway Consulting ("Kenway"), a management and technology consulting firm. HMB represented SCP in the recapitalization. Under terms of the agreement, SCP has purchased a majority interest in Kenway. Financial details of the transaction were not disclosed. SCP is a Chicago-based private equity firm that invests in…

HMB Represents Foxtrot in $17M Growth RoundFebruary 10, 2020

Foxtrot, a modern convenience store offering in-store and delivery options, announced that it raised $17 million in a funding round co-led by Imaginary Ventures and Wittington Ventures and joined by previous investors Fifth Wall, Lerer Hippeau, Revolution’s Rise of the Rest Seed Fund, M3 Ventures, The University of Chicago, Collaborative VC and Wasson Enterprises as well as new investors Bluestein…

David Ruskin presents "Litigation - Emerging Trends" at the Cannabis and Hemp Law and Practice in Illinois: The Nuts and Bolts Seminar - 2/21/20February 10, 2020

2/21/2020 Chicago, IL David will give a practical overview of the cannabis and hemp market, litigation and regulatory issues, the application process, banking and finance challenges, implications for employers and more. Other topics covered at the seminar include: Steams of Commerce Federal Law, Enforcement and Implications Hemp and CBD Illinois: Medical to Adult Use and Hemp Challenges - Banking, Insurance,…

Chris T. Lutz discusses State Sovereignty with Tax Notes StateFebruary 6, 2020

Read the full article on State Tax Notes here (subscription required). In this installment of his column, Internally Consistent, Chris discusses the impact of recent U.S. Supreme Court decisions affecting state sovereignty, including Hyatt and Dawson v.Steager. This was the year of remote seller nexus, marketplace facilitators, state taxation of foreign income, and market-based sourcing becoming the majority rule for…

Congratulations to HMB Attorneys Selected to 2020 Super Lawyers and Rising Stars ListsFebruary 3, 2020

2020 Illinois Super Lawyers John W. Guzzardo Richard M. Horwood Fred O. Marcus Marilyn A. Wethekam Jeffrey A. Zaluda 2020 Illinois Super Lawyers - Rising Stars Karl E. Analo Matthew R. Barrett Nathan E. Delman Brett M. Winterstein Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition…

Four Attorneys from the Litigation Group Named to 2020 Illinois Super Lawyers and Rising Stars ListsFebruary 3, 2020

One attorney from HMB's Litigation Group has been named as a 2020 Illinois Super Lawyer. Additionally, three attorneys were named to the 2020 Illinois Rising Stars list. Super Lawyers is a rating service of outstanding attorneys from over seventy practice areas who have attained a high degree of peer recognition and professional achievement. The following HMB attorney was selected for…

David S. Ruskin presents "Cannabis 101 for Older Adults" at Deerfield Public Library - 2/6/20January 29, 2020

2/6/2020 Deerfield Public Library Deerfield, IL David Ruskin, with a panel of experts, will discuss what you need to know about legalized cannabis in Illinois. The panel will address topics such as purchasing and using cannabis lawfully, the types of products available, safe use, potential therapeutic benefits and more. The program is geared toward older adults but is open to…

Jordan Goodman presents "Multi-State Controversies: A Mixed Bag of Issues" at the National Multistate Tax Symposium - 1/31/20January 24, 2020

1/31/20 Disney's Grand Floridian Resort & Spa Lake Buena Vista, FL Jordan Goodman will explore "classic" ongoing multistate tax issues at the 2020 National Multistate Tax Symposium. Attendees will learn how their business may cope and prepare to defend state audits or assessments arising from this mixed bag of multistate tax issues. Topics covered in this session include: Tax issues…

Marilyn Wethekam presents "State Indirect Tax Complexities Post Wayfair" at the 2020 National Multistate Tax Symposium - 1/30/20January 22, 2020

1/30/20 Disney's Grand Floridian Orlando, FL Marilyn Wethekam, with a panel of experts, will discuss the various state and local tax responses to Wayfair including the role of Congress and the Streamlined Sales Tax Governing Board. The panel will address the day to day considerations for related tax compliance as well as emerging issues over record-keeping and audit exposure. Click here…

HMB Represents Mark-It Express Logistics LLC in Acquisition of Chicago-based Trucking CompanyJanuary 21, 2020

Mark-It Express Logistics LLC ("Mark-It"), a leading Midwest intermodal trucking and freight brokerage company, acquired Spirit Trucking Company ("Spirit"), a Chicago-based trucking company. HMB represented Mark-It in the acquisition of operating assets. Mark-It, founded in 2009 and recently named to Crain Chicago's Fast 50 for the second time and INC. 5000 for the fourth time, offers a full array of third-party…

David A. Hughes Presents "Unusual and Challenging SALT Issues Faced by Taxpayers" at the Illinois CPA Society's Annual SALT Conference - 1/16/20January 16, 2020

1/16/20 David presented "Unusual and Challenging SALT Issues Faced by Taxpayers" at the Illinois CPA Society's Annual SALT Conference. Founded in 1903, the Illinois CPA Society is one of the largest state CPA societies in the nation with more than 23,200 members. It provides convenient and customized education, timely and relevant information, influential advocacy, and countless opportunities to make powerful…

David A. Hughes discusses the Unveiling of Illinois' 30-Day Income Tax with Law360January 13, 2020

Illinois seeks to establish a 30-day safe harbor against state income tax for nonresident employees under a recently proposed regulation that specifies how workers should calculate their number of days worked in the state. In an article by Law360, David Hughes explains how different this proposed rule is when compared to previous regulations, noting that previous regulations on taxing nonresident…

HMB Represents NextLevel in $50M Merger with California-Based Healthcare CompanyJanuary 10, 2020

NextLevel Health Innovations, Inc. ("NextLevel"), a managed care health plan for Cook County residents with Medicaid known for its community involvement, has signed a Merger Agreement with Molina Healthcare, Inc. ("Molina"), a FORTUNE 500 company. HMB represented NextLevel in the negotiation and signing of the Merger Agreement. As part of the transaction, Molina will assume the right to serve approximately…

Jim L. Jerue and Katherine A. Attebery Named 2020 Leading Lawyers by Leading Lawyers Advisory BoardJanuary 9, 2020

Jim and Katie were recommended by their peers and approved by the Leading Lawyers Advisory Board to be 2020 Leading Lawyers. The list of Leading Lawyers is the result of contact with thousands of lawyers within their respective region and/or area(s) of law. Only those lawyers who are most often recommended, and later approved by the Advisory Board, are selected.…

HMB Elevates Grant Hendricks, David Machemer and Tim Rybicki to PartnerJanuary 8, 2020

Chicago, IL December 12, 2019 HMB Legal Counsel, a preeminent provider of legal services in Business and Finance, State and Local Tax, Trusts and Estates, Bankruptcy, Reorganization and Creditors' Rights, Real Estate and Litigation announced that three associate attorneys were elevated to partner. Grant R. Hendricks Grant is a member of the firm's Private Client, Trusts and Estates Group. He…

HMB Announces 2020 Practice ChairsJanuary 8, 2020

Chicago, IL January 8, 2019 HMB Legal Counsel, a preeminent provider of legal services in Business and Finance, State and Local Tax, Trusts and Estates, Bankruptcy, Reorganization and Creditors' Rights, Real Estate and Litigation announced the 2020 Practice Chairs. John W. Guzzardo will lead the firm's Litigation Group, taking over for Rick S. Rein. As a practice group leader, John…

HMB Represents Listen Ventures in $2.8M Series Seed Funding Round of Washington State-Based Childhood Development CompanyJanuary 6, 2020

Slumberkins, makers of tools for early emotional learning, has secured $2.8 million in its Series Seed funding round led by Listen Ventures and SeaChange Fund. HMB represented Listen Ventures in their investment. Listen Ventures, a consumer-only venture capital firm focused on backing and building the brands of tomorrow, invests in ambitious entrepreneurs who challenge traditional thinking. This capital injection comes…

Samantha Breslow Discusses the Paradox of Chicago's Approach to Nexus and the "Cloud Tax" with Bloomberg TaxJanuary 3, 2020

Chicago's previously hidden tax ruling exempted Moxie Software Inc. from tax collection duties under the "Cloud Tax". In an article by Bloomberg Tax, Samantha Breslow explains the discrepancy between the Cloud Tax and Chicago's stance on nexus. Because the city didn't address the question of nexus in 2015 when modifications to its Personal Property Lease Transaction Tax were made, the…

Samantha Breslow discusses Chicago's Previously Hidden Private Letter Rulings with Bloomberg TaxJanuary 2, 2020

In an article published by Bloomberg Tax, Samantha Breslow delves into the challenges presented to taxpayers after Chicago's previously hidden Private Letter Rulings ("PLRs") come to light. "Historically, it has been very difficult to gain access to Chicago GILS ["General Information Letters"] or PLRs, which results in a lack of transparency for taxpayers trying to comply with city ordinances," said…

Updates to Employment Laws - Here's What You Need to KnowJanuary 1, 2020

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 Year, New Trust LawDecember 16, 2019

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…

HMB Celebrates with a Week of Holiday CheerDecember 16, 2019

Before we ring in the new year, HMB is celebrating some of our favorite moments of 2019, in our first Week of Holiday Cheer. Over the next week, we'll remember a few moments and accomplishments that we are most proud of. You can follow our Week of Holiday Cheer on LinkedIn, Facebook and Twitter. Celebrating 2019 and the HMB Family It’s…

Samantha Breslow Named a 2019 National Law Review Go-To Thought LeaderDecember 11, 2019

For her articles focusing on Illinois and Cook County Tax Law, including those on Chicago and Cook County Amusement Tax and Applying the Chicago Lease Transaction Tax to "Cloud" Software Products, Sam is named a 2019 National Law Review Go-To Thought Leader. 75 authors from a pool of over 100,000 legal news articles published by the National Law Review in…

New "Just Housing Ordinance" Changes Tenant Screening Procedures in Cook CountyDecember 10, 2019

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…

Samantha Breslow published in Tax Notes State - "Debugging the (State Tax) Code: Outdated Sales Tax Terminology"December 9, 2019

Read the full article on Tax Notes here (subscription required). Samantha Breslow discusses how the sluggishness of legislation does not often adjust itself to the speed and terminology of technology. However, there are a few states that are adapting to overcome the discrepancies. Download a PDF of the full article here. Debugging the (State Tax) Code: Outdated Sales Tax Terminology…

Jordan Goodman presents "Wayfair and Current Nexus Changes and Challenges" at Clayton State University - 12/06/19December 6, 2019

12/06/19 Clayton State University Morrow, Georgia Jordan will answer the question: Are all businesses subject to all taxes in all states after Wayfair? This presentation at Clayton State University will review the various jurisdictional standards and what is left to protect businesses in 2020 and beyond.…

HMB Represents Hyde Park Angels in $4.5M Funding Round of Chicago-based Tech/Cannabis CompanyDecember 6, 2019

Leaf Trade, a technology company whose wholesale ordering platform connects licensed cannabis vendors and dispensaries, announced that it raised $4.5 million in a funding round led by HPA and Duke Software Investments. HMB represented Hyde Park Angels (HPA) in their investment. HPA's people-first approach provides unique value to entrepreneurs and investors. HPA will be actively involved in Leaf Trade at…

Hal Wood Named to Law Firm Alliance's Board of DirectorsDecember 2, 2019

Hal Wood was named to the Law Firm Alliance's Board of Directors. The LFA is an international network of mid-sized law firms where members collaborate to share knowledge, experience and jurisdictional expertise to benefit their clients. The LFA provides a wealth of trusted resources for our clients and virtually expands our attorney network worldwide.…

Jordan Goodman presents "Ethics in the Age of Streeeeeeetching the Truth" at the NYU School of Professional Studies - 12/16/19-12/17/19November 25, 2019

12/16/19-12/17/19 New York City, NY Jordan will advise practitioners and in-house employees on what they can ethically do with respect to SALT work at the NYU School of Professional Studies. Jordan will discuss tax returns to negotiation or settlement, and everything else in between. Click here to register for the event. Click here to request a copy of the presentation…

Marilyn Wethekam published in Tax Notes - "The Intersection of State Tax Policy and Federal Tax Reform"November 25, 2019

Read the full article on Tax Notes here (subscription required). Marilyn Wethekam discusses how federal tax reforms do not always coincide with state tax policies. Download the full article here. The 2017 enactment of the Tax Cuts and Jobs Act made significant changes to the federal tax system. One of the drivers for the reform was to make the United States…

David Ruskin presents "Cannabis and Judaism: Implications in Halacha as well as the Law" at the Chicago Loop Synagogue - 1/16/20November 22, 2019

1/16/20 Chicago, IL David joins a panel of experts to discuss important issues related to Cannabis Law and how it impacts the Jewish Community at the Chicago Loop Synagogue. Attendees will learn more about: The impact of marijuana legalization How it will work within the context of the state What Rabbinic authorities have to say on the issue How it…

HMB represents Colony Display LLC in Sale to Kinzie Capital PartnersNovember 21, 2019

HMB represented Colony Display LLC in its sale to Kinzie Capital Partners LLC, a Chicago-based private equity firm. Colony Display is a leader in highly customized fixtures and displays servicing the home improvement, retail and hospitality industries. Kinzie's acquisition of Colony Display will see the company into the next phase of growth and provide resources to advance company strategy and…

HMB's SALT Group Provides Multi-State Updates Nationwide with 2019 Brewery SeriesNovember 15, 2019

From Houston to Memphis and Minneapolis to Chicago, HMB's SALT Group gave insightful tax presentations throughout the year as a part of the 2019 Brewery Series. Hosted in breweries instead of boardrooms, the 2019 series was a refreshing way for businesses to stay in the know about state and local tax. Pictured above: (L-R) Chris Lutz and David Machemer The…

HMB Represents DataCubes in $15.2 Million Series B Funding RoundNovember 15, 2019

DataCubes is the first underwriting decisioning platform for commercial property and casualty insurance. Leveraging machine learning and artificial intelligence software, DataCubes provides commercial carriers of all sizes the ability to make real-time underwriting decisions. The intelligence gathered provides efficient, accurate, and productive steps forward for DataCubes' clients. The company was founded in 2016 by Kuldeep Malik and Harish Neelamana and…

HMB represents Ascent in $19.3 Million Series B Funding RoundNovember 6, 2019

HMB represented Ascent in a $19.3 Million Series B Funding Round, led by Drive Capital. Ascent is an AI-driven solution company. Their goal is to help customers automate regulatory compliance by delivering customers regulatory knowledge in the form of a dynamic obligations register. This approach reduces the mundane and error-prone manual efforts of regulatory research and analysis. With Series B…

David Hughes presents "An Update from Springfield: New Illinois Sales and Use Tax Legislation" at The Chicago Tax Club - 11/07/2019November 6, 2019

11/7/19 Stephens Convention Center Rosemont, IL While there has been much discussion about a possible graduated income tax in Illinois, the General Assembly has also been busy on the sales and use tax side. From new rules for marketplace sellers and facilitators to sales sourcing for remote vendors to an expanded manufacturing exemption, the General Assembly recently passed several significant…

Jordan Goodman presents "Post-Wayfair World - Now What?" and "Sea to Shining Sea - What is Happening in the SALT World" at CPAmerica - 11/11/19November 6, 2019

11/11/19 Austin, TX In "Post-Wayfair World - Now What?", Jordan Goodman will discuss how remote sellers were affected by the USSC overruling of Quill in June 2018.  This presentation will try to clarify when a business is subject to any of a state's taxes. In "Sea to Shining Sea - What is Happening in the SALT World", Jordan will highlight…

Jordan Goodman "A Multi-State/State Tax Update" at the Michigan Tax Conference - 11/07/19November 5, 2019

11/07/19 Suburban Collection Showplace Novi, MI In this presentation for MICPA, Jordan Goodman will cover the recent happenings in state and local tax with a focus on the Midwest states. It will highlight the GOOD things that happened for Taxpayers both judicially and legislatively and will inform attendees on the BAD issues that they and their clients should try to…

Marilyn Wethekam & Chris Lutz present "What to do with Public Law 86-272 - Is there a Future?" at the 2019 TEI Philadelphia SALT Seminar - 11/20/19November 5, 2019

11/20/19 Penn State Great Valley Malvern, PA Marilyn Wethekam and Chris Lutz will discuss P.L. 860272 in a post-Wayfair world at the 2019 TEI Philadelphia SALT Seminar. Register for the event here.…

David Hughes and Jordan Goodman present "SALT in 2019 - It's About More Than Just Wayfair" at AGN International - 10/20-22/19November 5, 2019

10/20/19-10/22/19 Grand Hyatt Atlanta in Buckhead Atlanta, GA While the US Supreme Court’s decision in Wayfair has dominated recent headlines, there is a lot more happening in the SALT world that you and your clients need to know about.  In this session for AGN International, David and Jordan will explore current SALT developments and trends with an emphasis on recent…

HMB Represents EDCO Health Information Solutions Inc. in Sale to BV Investment PartnersNovember 5, 2019

HMB represented EDCO Health Information Solutions Inc. in it's sale to BV Investment Partners, a middle-market private equity firm focused on the business services, software and IT sectors. Headquartered in St. Louis, MO, EDCO provides automated unstructured data indexing solutions to healthcare providers. EDCO's Solarity®, a patented medical record indexing software, gives automated transformation of unstructured data into clinically relevant patient…

Ken Goldstein, Jim Plucinsky & Joe Tamburello present "Small Business Tax Considerations"-Chicago Bar Foundation Justice for Entrepreneurs Project-10/31/19October 30, 2019

10/31/19 Chicago, IL Ken Goldstein, Jim Plucinsky and Joe Tamburello present an in-depth discussion of the tax considerations for small businesses.  Attendees will learn detailed information regarding tax compliance requirements based upon the choice of entity as well as tax planning and savings strategies for single-member LLCs, multi-member LLCs, partnerships, S corporations and C Corporations. The CBF Justice Entrepreneurs Project…

Chris Lutz Discusses Massachusetts' "Cookie Nexus" Case in Virginia Court with Tax NotesOctober 17, 2019

Chris Lutz spoke about the Virginia Albemarle County Circuit Court's decision in Crutchfield Corp. v. Harding, in an article by Tax Notes. Chris explained that Virginia courts did not have personal jurisdiction over a Massachusetts official claiming Crutchfield had sales tax nexus with the state. The Massachusetts regulation considers the use of in-state software and cookies as constituting a physical…

Watch Aaron Hammer and Rick Rein Present "Hot Topics in Cross Border Restructurings" On DemandOctober 14, 2019

On 9/17/19 Aaron Hammer and Rick Rein presented "Hot Topics in Cross Border Restructurings" at the Offices of Gowling WLG LLOP in Toronto, Canada. Aaron and Rick discussed the role of chief restructuring officers and other turnaround professionals in Canadian restructuring, flash points in today's cross border insolvencies, and the cannabis space. This program was intended for lenders, turnaround professionals…

HMB Retained as Counsel to Official Committee of Unsecured Creditors of Thrush Aircraft, Inc.October 9, 2019

On September 24, 2019, the Official Committee of Unsecured Creditors of Thrush Aircraft, Inc. selected HMB Legal Counsel (“HMB”) as its counsel, with the U.S. Bankruptcy Court for the Middle District of Georgia approving HMB’s retention on October 2, 2019. Thrush Aircraft ( “Thrush”) is a leading designer and manufacturer and of single-engine light aircraft, primarily used in agriculture operations. Thrush…

David Hughes presents "Unclaimed Property Enforcement in Illinois and Multistate Audits" - 10/23/19October 4, 2019

10/23/19 Chicago, IL David A. Hughes will present "Unclaimed Property Enforcement in Illinois and Multistate Audits" with BDO. Two reporting cycles have passed since Illinois adopted its unclaimed property law changes, including elimination of the Illinois business-to-business exemption for vendor payments and customer credits. This webinar will focus on Illinois efforts to enforce its new unclaimed property regime, including a…

Chris Lutz published in State Tax Notes – What to Do With Public Law 86-272September 25, 2019

Read the full article on State Tax Notes here (subscription required). In his new column on State Tax Notes, Chris discusses how states and Congress should address challenges presented by Public Law 86-272 and criticizes state efforts to interpret the law out of existence. In the past 15 years, the state corporate income tax landscape has undergone significant change. Although…

Data Scraping Survives! (At Least For Now...) Key Takeaways From 9th Circuit Ruling on the hiQ vs. Linkedin CaseSeptember 20, 2019

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…

New Higher Majority Requirement for Condominium Deconversions in Chicago - Here's What You Need to KnowSeptember 20, 2019

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…

HMB Represents Launchways in Partnership DealSeptember 19, 2019

HMB represented Launchways in a new partnership deal with Patriot Growth Insurance Services, LLC. Launchways, founded in 2009, provides business leaders with human resources consulting, employee benefits and commercial insurance solutions. Launchways has guided over 400 customers to overcome insurance and human resources challenges throughout the Midwest. The company recently moved its headquarters to Chicago to accommodate its growing employee…

HMB in Action: Team HMB at Race Judicata 2019September 17, 2019

9/12/19 Chicago, IL 16 HMB team members participated in the 2019 Race Judicata 5k Sprint for Justice. The race celebrates pro bono work and raises funds for Chicago Volunteer Legal Services, the city's biggest volunteer-based legal aid provider. Team HMB had a blast racing in support of the CVLS and their mission to represent Chicago's poor and working poor community.…

Samantha Breslow Discusses Chicago's "Cloud Computing Tax" with Bloomberg Law NewsSeptember 16, 2019

Auditors in Chicago have been aggressively asserting that businesses have tax duties under the "cloud computing tax" because of their economic presence, or the volume of business they conduct within the city. In an article by Bloomberg Law News titled "State of Wayfair: Economic Thresholds Sneak Into Chicago Audits" by Michael J. Bologna, Samantha Breslow explains that the problem is…

Samantha Breslow Discusses Chicago's Tax on Cloud-Based ProductsSeptember 10, 2019

At the beginning of 2016, Chicago implemented a unique method to tax businesses for their use of remote computing services, also known as the cloud. The Personal Property Lease Transaction Tax program collected $13.9 million during its first six months and rose to $42.2 million through 6/30/18. In an article by Bloomberg Law News, Samantha Breslow explained that Chicago is…

Fred Marcus Discusses Indirect Taxes and Tax Risk Management at the California Tax Policy Conference - 11/8/19September 8, 2019

11/8/19 California Tax Policy Conference Hyatt Regency Mission Bay San Diego, California Fred Marcus presents "That's Just Sales and Use Tax Creeping Up On You: When Unexpected Tax Arises for Responsible Persons and Successes" at the annual California Tax Policy Conference in November. The presentation will seek to assist uncertain business owners and officers who are concerned about sales and…

The Small Business Reorganization Act Arrives in February 2020 - Here's What you Need to KnowSeptember 6, 2019

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…

Jeff Zaluda presents "Some Trends in Philanthropy Impacting Large Publicly Supported Charities" - Jewish National Fund - 9/18/19September 6, 2019

09/18/19 Chicago, IL While Americans remain the most generous and philanthropic people in the world, the landscape for giving is changing at an accelerated rate. Jeff Zaluda discusses how Millennial and generational subgroups have dramatically impacted the manner in which philanthropy is carried out. He will examine some of the reasons behind the changing landscape and ways in which donors…

Marilyn Wethekam presents “The Ownership Trap - What is Direct and Indirect Ownership?” at the COST 50th Annual Meeting – 10/23/19September 3, 2019

10/23/19 Washington, DC The Council on State Taxation 50th Annual Meeting will provide updates on important SALT topics for professionals at all levels. Marilyn Wethekam will present on what it means to have direct and indirect ownership. This session will discuss the concepts of ownership, possession and constructive receipt from income and sales tax perspectives. If you would like to…

HMB's SALT Team Presents at IPT's Sales Tax Symposium - 09/23/19August 29, 2019

09/23/19 Orlando, FL Marilyn Wethekam, Jordan Goodman, Chris Lutz and David Machemer present various topics at the IPT Sales Tax Symposium. If you would like to attend or have questions about a presentation, click here to contact Marilyn, Jordan, Chris and David. Marilyn Wethekam presents "Mergers & Acquisitions - Part 1 - General Issues" In this session, attendees will learn…

Nathan E. Delman presents "The Good, the Bad and the Ugly: Coverage Counsel at § 341 Meetings"-Seventh Circuit Consumer Bankruptcy Conference-10/14/19August 29, 2019

10/14/19 Chicago, IL The Seventh Circuit Consumer Bankruptcy Conference will present an overview of savings in chapter 13, coverage counsel at § 341 meetings and navigating bankruptcy appeals. There will also be a Seventh Circuit case law update as well as a look at recommendations made in the Final Report of the ABI Commission on Consumer Bankruptcy. Nathan is a…

David Ruskin presents "Alternative Dispute Resolution" at the Cannabis Law Institute - 10/03/19August 28, 2019

10/03/19 New York City, New York David Ruskin presents "Alternative Dispute Resolution" at the Cannabis Law Institute. The key curriculum of the third annual institute is "All Things CannaBusiness" and seeks to focus on learning every aspect of cannabis legal representation. David will discuss how one of the most important instruments in the attorney's doctrinal toolbox is Alternative Dispute Resolution…

HMB Represents Chicago-based Social Enterprise A.M. Money in Venture Capital FinancingAugust 28, 2019

HMB represented A.M. Money, Inc. in an outside venture capital round led by Lightbank. Founded by Daniel Rogers based on his experience paying for college by enlisting in the United States Army and taking courses online while deployed in a combat unit in Iraq, A.M. Money is a Chicago-based social enterprise that provides low-interest, no-cosigner loans to college students from…

Attorneys in Action: Sean Auton gives back with Facing Forward to End HomelessnessAugust 28, 2019

Sean Auton, an HMB partner and member of HMB's Business and Finance practice, gave out plenty of high-fives at Facing Forward to End Homelessness's Board/Resident picnic. Sean works with Facing Forward as a board member. Facing Forward ends the cycle of homelessness by providing housing and social services. Once critical needs such as food and housing are met, clients at…

Attorneys in Action: John Wiktor Gives Back as Bethesda Board MemberAugust 23, 2019

On 8/15/19, John Wiktor, Chair of HMB's Private Client, Trusts & Estates Group and pictured above in the blue shirt, joined the groundbreaking ceremony for Bethesda Cornerstone Village, in Victoria, Minnesota. The community, one of the first of its kind in the United States, will provide an inclusive environment for active seniors and independent adults with disabilities. John is a Board…

Samantha Breslow is appointed to Chair of the Chicago Bar Association's State and Local Tax CommitteeAugust 21, 2019

After serving as Vice Chair of the Chicago Bar Association's SALT committee last year, Samantha Breslow has been appointed as the 2019-2020 Chair. Learn more about Chicago Bar Association here.…

Two Illinois Amnesty Programs are Arriving in October: HMB Addresses the ChangesAugust 19, 2019

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…

Aaron Hammer and Rick Rein present "Hot Topics in Cross Border Restructurings" - 9/17/19August 16, 2019

9/17/19 Offices of Gowling WLG LLP Toronto, Canada Aaron Hammer and Rick Rein present "Hot Topics in Cross Border Restructurings" at the Offices of Gowling WLG LLP on September 17th. The discussion will include: The Role of Chief Restructuring Officers and Other Turnaround Professionals in Canadian Restructuring • Would Canadian restructurings benefit from an increased use of CROs, similar to…

Fred Marcus and Marilyn Wethekam present "Frankel Award Recipients Discuss Frankel Issues Frankly!" at COST's 50th Annual Meeting - 10/24/19August 16, 2019

10/24/19 JW Marriott Washington, DC Fred and Marilyn will co-present with fellow Paul Frankel Award recipients at COST's 50th annual meeting. Over his long career, Paul Frankel, the "Godfather of COST", spearheaded a number of issues that evolved over the years. In this session, presenters will discuss those issues, their evolution and Paul's impact on them. If you want to…

Fred Marcus Presents "Today in Taxes" at New York University's 37th Institute on State and Local Taxation - 12/17/19August 16, 2019

12/17/19 Grand Hyatt New York on 42nd Street New York City, NY New York University's 37th Institute on State and Local Taxation Fred Marcus will present "Today in Taxes" at New York University's 37th Institute on State and Local Taxation on December 17th, 2019. The most important SALT developments will be discussed throughout the event by a team of industry…

David A. Hughes Presents "State and Local Tax Issues in Corporate M&A Transactions" at Tax Strategies 2019 - 11/15/19August 16, 2019

11/15/19 Tax Strategies 2019 Hotel Allegro Chicago, IL David Hughes will present "State and Local Tax Issues in Corporate M&A Transactions" for Practising Law Institute at Tax Strategies 2019 on November 15th, 2019. The presentation will address state and local tax issues that arise in corporate transactions with a particular emphasis on Section 338(h)(10) sales and tax-free reorganizations and spin-offs.…

Marilyn Wethekam Presents "State Tax Policy Issues" at the 2019 North East State Tax Officers Association Annual Meeting - 9/11/19August 13, 2019

9/11/19 2019 North East State Tax Officers Association Annual Meeting Roger Williams Park Providence, Rhode Island Marilyn Wethekam will discuss important state tax policy issues including final IRS regulations on federal charitable contributions and state law enactment of state tax credit for these federal deductions, “qui tam” cases involving taxation pros and cons and a recap of Taxpayer Advocates in…

Marilyn Wethekam Discusses How Old Tax Language Should be Amended for Modern TechnologyAugust 12, 2019

State and local governments are trying to apply older tax laws to modern technologies such as streaming services. This one-size-fits-all ideology of the decades-old regulations leaves the law on shaky ground. Marilyn Wethekam discussed how shoehorning old tax laws to modern business services can be a setback at the Multistate Tax Commission's annual meeting in Boise, Idaho. "Ordinances and statutes…

Marilyn Wethekam Published in State Tax Notes - To Share Tax Information or Not Is the QuestionAugust 6, 2019

Disclosing tax return information has always been a dicey topic. Under the guise of transparency, there have been several proposals by tax advocates over the years to disclose tax information. The focus of these proposals has generally been on the taxes paid by corporate America and the use of tax planning strategies. As a general principle, this type of limited…

Nathan E. Delman Joins HMB Legal Counsel Expanding Bankruptcy PracticeAugust 6, 2019

CHICAGO, IL - HMB Legal Counsel, a preeminent provider of legal services in business and finance, litigation, trusts and estates, real estate, state and local taxes and bankruptcy, reorganization and creditors' rights announced that attorney Nathan E. Delman joined the firm as an associate in its growing bankruptcy, reorganization and creditors' rights practice. Nate has over ten years’ experience as a…

David Machemer Published in Journal of State Taxation - The Lessor’s Burden: Tax Challenges for Illinois Equipment LeasingAugust 6, 2019

Illinois’ tax treatment of leases is an anomaly when compared to most other jurisdictions.[1] The general rule in most jurisdictions is to impose sales tax on the receipts collected from the lessee, the actual user of the equipment. However, Illinois differs, at least in the context of a long-term lease (i.e., more than one year), by treating the lessor of…

David Ruskin Joins Legal Face-Off on WGN Radio to Discuss Illinois' New Cannabis LawAugust 2, 2019

Cannabis business attorney David Ruskin was interviewed by Chicago's top legal radio show, Legal Face-Off on WGN Radio. David discussed Illinois' new recreational marijuana law and what it means for individuals and businesses. Listen to the recording on WGN Radio.…

Marilyn Wethekam Presents "Modernizing State and Local Tax Bases" at the Multistate Tax Commission 52nd Annual Meeting - 8/7/19July 28, 2019

8/7/19 The Multistate Tax Commission 52nd Annual Meeting The Grove Hotel Boise, Idaho A panel discussion addressing the challenges faced by both state and local taxing authorities to modernize their tax structures to address the changing landscape of digital products and other business models. The discussion is from the view of both tax administrators and tax practitioners.…

Marilyn Wethekam and David Machemer Present at COST Southwest/West Regional State Tax Seminar - 7/31/19July 28, 2019

7/31/19 COST Southwest/West Regional State Tax Seminar Sponsored by HMB Legal Counsel Sam's Club Home Office Bentonville, Arkansas Presenting an update on significant state tax issues for the Southwest/West States: Arkansas, Colorado, Kansas, Louisiana, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas and Wyoming. Federal Tax Reform – State Tax Conformity Or Not? With Marilyn Wethekam State Taxation…

HMB Represents Quantitative Insights in Sale to Chicago Biotech Incubator Paragon BiosciencesJuly 25, 2019

HMB represented Quantitative Insights, developer of QuantX, the first-ever FDA-cleared computer-aided breast cancer diagnosis system in radiology, in its sale to Qlarity Imaging, a portfolio company of Paragon Biosciences. Quantitative Insights was founded at the University of Chicago around technology developed at the University and with the support of the University’s Polsky Center for Entrepreneurship and Innovation. Paragon is a…

Jordan Goodman and Chris Lutz Present at the 2019 State and Local Tax Workshop for Technology CompaniesJuly 23, 2019

2019 State and Local Tax Workshop for Technology Companies Foster City, California Beware of the Locals—They Might Take You by Surprise With Jordan Goodman San Francisco, Mountain View, Portland, Seattle—what are these cities thinking? Each has aggressively targeted businesses (and, in many situations, exclusively tech businesses) for new revenue. This panel will provide an overview of several of these new…

Brian Axelrad, Social Impact Lawyer, Participates in the Chicago Council on Global Affairs Emerging Leaders ProgramJune 28, 2019

THE CHICAGO COUNCIL ON GLOBAL AFFAIRS The Chicago Council on Global Affairs is an independent, nonpartisan membership organization that provides insight – and influences the public discourse – on critical global issues. The Council on Global Affairs is committed to bringing clarity and offering solutions to issues that transcend borders and transform how people, business and governments engage the world.…

Marilyn Wethekam Receives IPT's 2019 Distinguished Service AwardJune 28, 2019

This award is presented to one or more individuals who have made outstanding contributions to the Institute over an extended period of time. Examples of the activities for which this award has been previously given include sustained and substantial contributions to one of the Institute's designations or educational programs. Learn more about the Institute for Professionals in Taxation here. …

David Hughes Presents "Indirect and Operational Tax" at the Chicago Tax Club Summer Seminar - 6/27/19June 27, 2019

6/27/19 Saddle & Cycle Club Chicago, IL David Hughes presents "Indirect and Operational Tax" at the Chicago Tax Club's Summer Seminar on June 27th. The presentation reviews recent state cases that defy logic and would cause any tax professional to think twice about whether the positions they take are on solid ground. Click here to learn more about the seminar.…

Jordan Goodman Presents 'Multi-State Tax Update'June 13, 2019

This 2-part presentation will get the audience up to date on recent state and local tax cases and statutory changes that will affect their client's business. The discussion will cover such topics as when a state can impose its taxing jurisdiction on an out-of-state business and what taxpayers can do to protect themselves. We will also cover the latest in…

As Reports of Hacking and Wire Fraud/BEC Scams Increase, Here's What You Can Do to PrepareJune 12, 2019

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…

Illinois Legislative Update: What You Need to KnowJune 7, 2019

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…

Chris Lutz Discusses Illinois Tax Changes with Law360 and Tax NotesJune 7, 2019

As Illinois passes a new budget, State and Local Tax attorney Chris Lutz helps break down important changes with Law360 and Tax Notes. 3 Illinois Tax Changes Attorneys Should Know About As published by Law360 for its subscribers. Out-of-state businesses will also see a big change in local sales tax collection under the legislation. For collections of the local retailer's…

Chris Lutz presents “Combined Reporting & Unitary Business Principle a Focus on Regulated & Unregulated Groups”-2019 StartUp-5/14/19May 20, 2019

Spring 2019 Start-Up Conference Start-Up: State Tax Roundtable for Utilities & Power New York, New York Chris Lutz Present "Combined Reporting and the Unitary Business Principle, with a focus on Regulated and Unregulated Groups" at Spring 2019 Start-Up Conference…

John Wiktor Presents "Charitable Gift Agreements: Restrictions, Naming Rights, Enforcement and Ensuring Deductibility of Contributions"May 17, 2019

The necessary details of charitable agreements are often overlooked by the parties, potentially resulting in serious legal ramifications. Incorporating charitable giving in an estate plan involves careful consideration to specific rights, conditions, restrictions and other vital provisions within a charitable gift to ensure the donor's intent and the benefits allowed for estate planning purposes. Charitable gift agreements must outline the…

Chris Lutz presents "Income Tax: A National Overview" and "Cryptocurrency and Taxation of the New Economy" - 5/15/19May 15, 2019

5/15/19 Georgetown University Law Center Washington, DC Chris will discuss income tax and cryptocurrency at the 42nd Annual Advanced State and Local Tax Institute. Georgetown Law will host the event, and offers two full days of SALT sessions for attendees. If you have questions about the presentation, click here to contact Chris.…

Chris Lutz Presents at The 42nd Advanced State and Local Tax Institute - May 15-16, 2019May 15, 2019

5/15/19 - 5/16/19 42nd Advanced State and Local Tax Institute Georgetown University Law Center Washington, D.C. Chris Lutz, "Cryptocurrency and Taxation of the New Economy" - 5/15/19, 3:00pm-4:00pm Gather updates on state sales and corporate taxation and sourcing of digital products Discuss the implications of the exponential growth of the sharing economy and crypto-currency on state taxation Analyze the ramifications…

Marilyn Wethkam Presents “State Impact of IRC section 163 (j)” at State Tax Round Up for Utilities and Power – 5/14/19May 14, 2019

5/14/19 State Tax Round Up for Utilities and Power New York, NY Marilyn Wethkam conducts adetailed discussion of the issues that arise as a result of the states' application of IRC section 163 (j) bot in a regulated and non-regulated setting.…

David Hughes Presents "Multi-State Taxation" at the 60th Annual TEI Upstate New York Tax Conference - 5/7/19May 7, 2019

5/7/19 Salvatore’s Italian Garden Buffalo, NY David Hughes presents "Multi-State Taxation" at the 60th Annual TEI Upstate New York Tax Conference. The all-day event hosts speakers from across the United States who will discuss tax and tax-related topics. Click here to learn more about the conference. Click here to contact David with questions.…

David Hughes Presents at Sales Tax Institute's Advanced Sales and Use Tax Advanced Workshop - 5/1/19May 1, 2019

5/1/19 Chicago, IL David Hughes is a faculty member for Sales Tax Institute's Advanced Sales and Use Tax Advanced Workshop. David discusses taxation services, the construction industry and gross receipts taxes. Click here to learn more about Advanced Sales Use Tax Workshops. Click here to contact David with questions.…

Webinar: David Hughes Presents "Illinois Unclaimed Property Compliance & Enforcement Update: Part I" With BDO & IL Chamber Of CommerceApril 30, 2019

With a multi-billion dollar budget and pension crisis on hand, Illinois is desperately seeking new sources of revenue, including new and potentially radical unclaimed property laws. These new rules create a "taxing effect" on holders who in many cases did not have unclaimed property reportable to the state under the previous law. Many holders now have reporting obligations as a…

Counseling a Cannabis-Related Business OverviewApril 24, 2019

David provides an overview of the regulation of cannabis and considers the top legal issues faced by a cannabis-related business, focusing on the conflict between federal law and state laws where medical or adult use recreational marijuana is legal.

David Hughes added to Law360's Tax Authority State & Local Editorial Advisory BoardApril 23, 2019

The purpose of the editorial advisory board is to get feedback on Law360's coverage and gain insight from experts in the field on how best to shape future coverage. David represents clients in multistate planning, audit and controversy matters, including state income, franchise, gross receipts, sales/use and unclaimed property. Hughes is also an adjunct professor of state and local tax…

Marilyn Wethekam Published In State Tax Notes - Should States Embrace GILTIApril 16, 2019

Should states embrace GILTI? Marylin Wethekam gives her opinion: "While the rationale for GILTI may work at the federal level, its adoption at the state level raises several issues and concerns." Read the full brief here.

David Ruskin Presents "Counseling Clients in the Cannabis Industry"April 12, 2019

This year's Business and Commercial Law Journal Symposium will be focused on developments and innovation in the legal landscape. The speakers will be presenting on a wide range of topics from technological developments, and how they impact the practice of law, to diversity and pay inequity in the workplace. David Ruskin will discuss the evolving cannabis industry and how to…

Grant Hendricks Presents "IRAs, Qualified Plans and Life Insurance: Planning for Assets You May Never See"April 8, 2019

For many individuals, IRAs, qualified plans and life insurance policies make up a large percentage of their overall net worth. Yet many individuals invest in these assets knowing they may never personally benefit from them during their lifetime. Because of this, much of the value of these assets will pass to other individuals, most often other family members. While simply…

Jordan Goodman and Marilyn Wethekam Present “All States Update” at the Dallas Chapter of Tax Executives Institute – 4/24/19April 7, 2019

4/24/19 Dallas chapter of Tax Executives Institute Dallas, TX Jordan Goodman and Marilyn Wethekam will lead a detailed discussion of the key SALT cases.…

Marilyn Wethekam Presents “Top 10 SALT Cases – Traps or Benefits” at Houston Chapter of Tax Executives Institute – 5/8/19April 7, 2019

5/6/19 - 5/8/19 Houston Chapter of Tax Executives Institute Hyatt Regency Houston Houston, Texas Marilyn Wethekam will conduct a detailed discussion of the key SALT cases of 2019 and their impact.…

Jordan Goodman Participates in a Mock Trial for the Unclaimed Property Professionals Organization (UPPO)March 26, 2019

Jordan Goodman will participate in a mock trial experience using recent unclaimed property cases as the backdrop.…

HMB Represents Lightstream in $8 Million Series A FinancingMarch 19, 2019

Lightstream, a Chicago startup that makes cloud-based video production software, announced their $8 million funding round led by Drive Capital. Lightsream's vision is to provide video content creators of all levels with professional-grade production and editing tools through the service's browser-based or downloadable software. Read more about Lightstream and their Series A here. HMB's team was led by Jim Jerue, Renee…

David Hughes Presents "Market Based Sourcing" at the ABA/IPT Advanced State Income, Sales/Use & Property Tax Seminar - 3/12/19March 12, 2019

3/12/19 Ritz-Carlton new Orleans New Orleans, LA David Hughes presents "Market Based Sourcing" at the ABA/IPT Advanced State Income, Sales/Use & Property Tax Seminar in March. The seminar is designed with attorneys, accountants, tax directors state and local tax managers, government tax officials, appraisers, property tax managers, commercial and industrial property managers and others interested in state and local income,…

Jordan Goodman Participated in "The Annual Big Easy Brawl"March 11, 2019

Join Professor Richard D. Pomp and Jordan M. Goodman in an in depth point counter-point discussion of trending SALT issues!  Participate in an outstanding session of insightful commentary on observations with two of the country's leaders in SALT. By attending this session, participant will be able to: Identify major developments in today's state and local tax world and spot trends…

Jordan Goodman Provides Insight to International Tax Review: "Exclusive: US State Drags Amazon to Court on Platform Sales Tax Liability"February 26, 2019

An article published by International Tax Review discusses how Judge Ralph King Anderson III will decide whether Amazon acted as a seller in a case against the US state of South Carolina, potentially making it liable for millions of dollars in back taxes. Although the parties agree that the facts of the case are not in doubt, and no trial…

Congratulations to HMB's Lawyers Selected to 2019 Super Lawyers and Leading Lawyers ListsFebruary 26, 2019

2019 Illinois Super Lawyers John W. Guzzardo Richard M. Horwood Fred O. Marcus Marilyn A. Wethekam Jeffrey A. Zaluda 2019 Illinois Super Lawyers - Rising Stars Karl E. Analo Matthew R. Barrett Brett M. Winterstein Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.…

Jordan Goodman and Chris Lutz Present "Wayfair Ramifications Outside of Sales and Use Tax"February 18, 2019

In Wayfair, the US Supreme Court held that the dormant Commerce Clause requirement of "substantial nexus" no longer mandates a "physical presence" requirement in the context of South Dakota's sales tax nexus law. In reaching this outcome, Wayfair potentially blurs historical distinctions between Due Process and Commerce Clause nexus, leaving businesses to contemplate going forward the extent to which the Commerce…

Chris Lutz Provides Insight to State Tax Notes - "Virginia Supreme Court Affirms State's Apportionment Method"February 12, 2019

An article published by State Tax Notes discusses the recent Virginia Supreme Court case, Corporate Executive Board v. Virginia Department of Taxation. Chris Lutz shared his thoughts about how this case fits into a recent line of alternative apportionment cases. The full article, "Virginia Supreme Court Affirms State's Apportionment Method," was written by Jad Chamseddine and published by State Tax Notes…

Horwood Marcus & Berk Elevates Three Attorneys to PartnerFebruary 8, 2019

CHICAGO, IL (December 18, 2018) - Horwood Marcus & Berk (HMB), a preeminent provider of legal services in business and finance, state and local taxes, trusts and estates, litigation, real estate and bankruptcy, reorganization and creditors' rights announced that three attorneys were elevated to partner. Christin A. Handa Christin is a member of HMB's Trusts and Estates Group. She concentrates her practice…

Jordan Goodman Presents "Today's Commerce Clause & Tomorrow's Multistate Tax Controversies" at Deloitte's 2019 National Multistate Tax SymposiumFebruary 6, 2019

In Wayfair, the US Supreme Court held that the dormant Commerce Clause requirement of "substantial nexus" no longer mandates a "physical presence" requirement in the context of South Dakota's sales tax nexus law. In reaching this outcome, Wayfair potentially blurs historical distinctions between Due Process and Commerce Clause nexus, leaving businesses to contemplate going forward the extent to which the…

Marilyn Wethekam Presents "The 2019 Bloomberg Tax Survey of State Tax Departments: Expectations and Planning Opportunities"January 25, 2019

The discussion will focus on state responses on issues that have arisen since the ruling in Wayfair, including retroactivity, economic nexus thresholds, collection obligations for marketplace facilitators, and nexus for small marketplace sellers. We'll take a big picture look at emerging trends in the new sales tax nexus era and shed light on sound practices for nexus and sales tax…

Congratulations to Horwood Marcus & Berk Chartered Selected For a 2018 National Law Review Go-To Thought Leadership AwardJanuary 23, 2019

HMB has been selected as a "Go-To Thought Leader" for coverage of State Tax and Local Tax regulations, litigation and legislation. The attorney-authors at HMB analyze developments in their field and provide a deep understanding of issues. The 2018 "Go-To Thought Leadership Awards" recognize 65 exceptional authors and legal organizations for their reporting of complex legislative and litigation news, as…

Chris Lutz Provides Insight to State Tax Notes - Wayfair Should Not Have A Major Impact On ApportionmentJanuary 23, 2019

An article published by State Tax Notes discusses how States' market-based sourcing rules are likely to undergo scrutiny in the wake of the Wayfair decision that could lead to litigation and new income tax liability. State and Local Tax attorney, Chris Lutz, said, "he doesn't expect Wayfair to have a major impact on apportionment because most states have taken the…

Chris Lutz Provides Insight to Tax Analysts - "New Mexico Not Entitled to Exclude Payroll Factor in Bank's Income Apportionment"January 22, 2019

An article published by Tax Analysts discusses the New Mexico Taxation and Revenue Department failing to prove it was entitled to exclude the payroll factor from the state's apportionment formula for financial institutions. In a ruling for the taxpayer, Discover Bank, the administrative hearings office found that the department did not carry its burden showing that eliminating the payroll factor…

David Ruskin Provides Insight to Bloomberg Law - "Illinois AG Seeks to Dismiss Dozens of Whistleblower Cases"January 22, 2019

An article published by Bloomberg Law discusses how the Supreme Court Wayfair decision could affect dozens of lawsuits filed by prolific whistleblower Stephen B. Diamond. Illinois Attorney General Lisa Madigan has filed a series of motions to dismiss these cases, alleging they have minimal financial and legal relevance for the state. State and Local Tax attorney, David Ruskin, stated, "The…

David Hughes to Present "Beyond Wayfair: Sales Tax Collection in the Internet Age"January 22, 2019

Illinois CPA Society Illinois CPA Society Education Center Chicago, Illinois Click here for more info and to register. On June 21, 2018, the US Supreme Court issued the most important sales tax decision in the last 25 years. Overruling 50 years of precedent, the Court ruled that a remote seller can be required to collect a sales or use tax…

David Hughes to Present "Wheel of Ethics: Take a Spin and See What Ethical Dilemma Awaits"January 22, 2019

Conference Hotel - Hyatt Regency New Orleans New Orleans, Louisiana Click here for more info and to register. The concepts of confidentiality and privilege arise for attorneys on a recurring basis. Ethical considerations, among others, are often part of the complex analysis that goes into a confidentiality and privilege evaluation. When, how and to whom do these obligations and protections…

Marilyn Wethekam Provides Insight On How States Are Responding To South Dakota v. WayfairJanuary 21, 2019

An article published by Checkpoint discusses how states are responding to the South Dakota v. Wayfair  decision. Less than six months after the U.S. Supreme Court overturned the physical presence rule for sales and use tax nexus with its ruling in South Dakota v. Wayfair, the vast majority of states have enacted or announced economic nexus policies, and the trend…

Marilyn Wethekam Presents "The History of the World Part 1: The Evolution of State & Local Income Taxation"January 21, 2019

Marilyn Wethekam will lead a discussion of the evolution the state taxation of corporate income and what the future holds.…

John Guzzardo and Rick Rein Published in NABT American Bankruptcy Trustee JournalJanuary 15, 2019

John Guzzardo and Rick Rein wrote an article for NABT American Bankruptcy Trustee Journal regarding the use of Consent Directives to locate offshore assets. A consent directive is a "rare bird" investigatory tool that litigants in the US may use to discover assets and information from debtors or third parties located anywhere in the world. Recently, the Ninth Circuit Bankruptcy…

Bankruptcy Trustees Can Utilize Consent Directives to Locate Offshore Assets of the DebtorJanuary 15, 2019

John Guzzardo and Rick Rein wrote an article for American Bankruptcy Trustee Journal regarding the use of Consent Directives to locate offshore assets.

Fred Marcus Presents "What's Happening Everywhere Today" at NYU's 37th Institute on State and Local TaxationDecember 18, 2018

Get ready for a jam-packed show. It's hard to cover the ever-changing state and local tax landscape, but our all-star team of special reporters provides a rundown of what you need to know about the most important SALT developments affecting taxpayers today. Included in this year's "Hardball" segment is a discussion of the applicability of local which are widespread and…

Chris Lutz Recently Spoke with Law360 - Justices Lean Toward States Rights Boosts Taxing PowersDecember 4, 2018

Chris Lutz spoke with Law360 on the Supreme Court's recent trend toward expanding state sovereignty. The recent leaning toward states' rights and skepticism of dormant commerce clause power have resulted in an environment more sympathetic toward state taxing powers. "But this slow expansion of state sovereignty may very well be a harbinger. Forget sales tax nexus," says Chris Lutz.…

David Hughes Named Chair of the Indirect & Operational Tax Committee of Chicago Tax ClubDecember 3, 2018

The Chicago Tax Club, organized in 1933, is a nonprofit association consisting of individual tax professionals employed by corporations and other businesses. The principal function of the organization is providing educational and networking events, in order to assist members in identifying and resolving tax compliance, planning and audit issues relating to their employers.…

Rick Rein presents "Cross Jurisdiction Enforcement: Getting Paid When The Money is Overseas" - Delaware State Bar Assn & WTC of Delaware - 11/28/18November 27, 2018

University & Whist Club Wilmington, Delaware Moderated by Rafael Zahralddin, International section co-chair and Elliott Greenleaf, P.C. Director & Shareholder, Rick Rein will participate in a panel that will discuss how to domesticate a foreign judgment in Delaware, as well as how to domesticate a Delaware judgment in a foreign jurisdiction. The keynote speaker is The Honorable Eric M. Davis,…

Fred Marcus the Receives The State Tax Author of the Year Award Given by Bloomberg Tax & Bloomberg Tax State Tax Advisory BoardNovember 20, 2018

Fred Marcus has been selected to be the recipient of this year's Bloomberg Tax State Tax Author of the Year Award. "As the lead author for two State Tax Portfolios and three State Tax Navigators, you have significantly contributed to our state tax analysis. Over the past two years in particular, you have delivered top notch analysis and shown tremendous…

Fred Marcus Provides Insight to State Tax Notes - "Wayfair Settlement is a Missed Opportunity"November 20, 2018

An article published by State Tax Notes discusses how South Dakota's recent Wayfair settlement has eliminated an opportunity to provide further guidance for other states' remote seller laws. State and Local Tax attorney, Fred Marcus, stated, "Wayfair shows an acknowledgment by the Court that the economy has changed since Quill was decided, and that the inability to tax online commerce…

David Hughes Present Everything You Event Wanted to Know About SALT, But Were Afraid to Ask at CPA America - 11/5/18November 19, 2018

The Wayfair decision?state and local tax implications of tax reform?taxation of streaming videos and other digital products?multiple states taxing the same income. Navigating the current SALT landscape is a challenge for any multistate taxpayer. This session will explore the hottest SALT issues and how to deal with them.…

Marilyn Wethekam Presents "National SALT Update" at the 2018 New England SALT Forum - 11/14/18November 14, 2018

A discussion of the nation's top state tax cases, federal legislation and policy developments.  The panel includes Professor Richard Pomp and  Doug Lindholm, Executive Director Council On State Taxation.…

Jordan Goodman Presents "State of the States - State Tax Overview" at Philadelphia Chapter of the Tax Executives Institute Inc. (TEI) - 11/14/18November 14, 2018

Philadelphia Chapter of the Tax Executives Institute, Inc. (TEI) Penn State Great Valley Malvern, Pennsylvania Click here for more info and to register. Catch up on the latest issues in state and local tax with a discussion of the latest and greatest cases and evolving trends in the SALT world.…

Fred Marcus and David Hughes Present "Wayfair and Its Impacts" at Nebraska Chapter TEI - Eleventh Annual Fall Training Day - 11/13/18November 12, 2018

The U.S. Supreme Court's Wayfair decision is one of the most important state and local tax decisions of the last 25 years. By eliminating the physical presence requirement for sales tax nexus, the Court has completely changed the landscape for remote sellers. This session will explore how states are responding after Wayfair and the potential problems that sellers can expect…

David Machemer and Samantha Breslow Present "Local Taxes: Who's on First, What's on Second, I Don't Know is on Third"November 7, 2018

Marylin Wethekam is one of several authors who penned articles for State Tax Notes regarding the U.S. Supreme Court's ruling in South Dakota v. Wayfair, Inc. that overturned Quill Corps v. North Dakota and altered the state tax landscape. The articles address the Wayfair decision and the issues that remain after the Supreme Court struck down the physical presence test…

Fred Marcus Presents "Quilling Me Softly" at the 2018 Annual Meeting of the California Tax Bar and California Tax Policy ConferenceNovember 7, 2018

After waiting patiently for over 25 years, South Dakota finally bested her northern sister in the battle of naming rights to the most important nexus case. Our panel will discuss the Wayfair decision in depth, including its implications for economic nexus standards outside sales and use taxes (e.g. income taxes and gross receipts taxes). Panel members included Fred Marcus, Randy Ferris,…

Horwood Marcus & Berk Chartered Named to U.S. News "Best Lawyers - Best Law Firms" - 2019November 6, 2018

We are pleased to announce that HMB earned top recognition in the 2019 edition of  U.S. News - Best Lawyers? "Best Law Firms." Additionally, HMB was named a Tier 1 law firm in Chicago for Trusts & Estates. Richard M. Horwood and Jeffrey A. Zaluda were selected by their peers for inclusion in The Best Lawyers in America in the practice area of Trusts…

Chris Lutz Presents "Reporting Federal Audit Adjustments" & "Top 10 National & Key Case Update"-State Tax Roundtable for Utilities & Power-11/7/18November 6, 2018

Chris Lutz will present "Reporting Federal Audit Adjustments" and "Top 10 National & Key Case Update" at an upcoming State Tax Roundtable for Utilities & Power. He will review state implications for the filing of Federal RARs and what that can mean for taxpayers as well as discuss the significant decisions from 2018 and predictions for 2019.…

Marilyn Wethekam Provides Insight on the Streamlined Sales and Use Tax AgreementOctober 30, 2018

An article published by State Tax Notes discusses how the Alabama remote sales tax law could be the model for other states on taxing remote sellers. Alabama's Simplified Sellers Use Tax Remittance Act created a dual system under which local jurisdictions maintain control over the sales taxes of local businesses but not over remote sellers. State and Local Tax attorney,…

Chris Lutz Provides Insight On The Fact That More Guidance Is Needed on Taxation of Digital Goods and ServicesOctober 30, 2018

An article published by State Tax Notes discusses how states are catching up with technology, and are beginning to provide guidance on the sales and use taxation of digital goods and services, but more information is needed. State and Local Tax attorney, Chris Lutz, stated, "States have provided guidance on some aspects of  digital goods and services transactions, like cloud…

Marilyn Wethekam Presents "Taxation of 'Inbound' Foreign Entities"October 25, 2018

The session will discuss the risks foreign entities face from aggressive U.S. state taxation when both directly conducting business in the U.S. and conducting business through a U.S. subsidiary.…

David Hughes Provides Insight to State Tax Notes on SALT Legal Challenges for Streaming ServicesOctober 22, 2018

An article published by State Tax Notes discusses how streaming services (Cable Services, Amusements and Tangible Personal Property) are often taxed by states and local jurisdictions under existing statutes that predate the technology, a move that has prompted litigation around the country, with mixed results. State and Local Tax attorney, David Hughes, stated that most of the fees and taxes…

Jeffrey Zaluda Presents "How To Survive As An Estate Planner In 2018"October 11, 2018

10/11/18 - 10/12/18 2018 Duke University Estate Planning Conference Duke University Durham, North Carolina Click here for more info and to register. Building and maintaining a financially successful estate planning practice is much harder today. From building a practice to the importance of social media, Jeff will discuss how the estate planning department of a mid-sized firm in a very…

HMB's 16th Annual State and Local Tax Summer Camp - 7/25/18October 10, 2018

A full-day conference presented exclusively to HMB's valued clients and invited guests.  Discover the latest issues, evaluate important updates and gain valuable insight from our seasoned professionals. Click here to request a PDF of the presentation. Agenda   8:00 - 8:30am - Registration & Continental Breakfast 8:30 - 8:45am - Welcome and Introduction 8:45 - 9:45am - Wayfair:  The Court Has Spoken -…

Marilyn Wethekam Published in State Tax Notes: "The Change of the Landscape: Be Careful What you Wish For as You May Get It, The Aftermath of Wayfair"October 10, 2018

Be careful what you wish for, because you may get it is a fitting epitaph for the Wayfair decision. In the prophetic words of Justice Byron White, the "vagaries of physical presence" were tested and the concept as applied in a sales tax context has been laid to rest.

Karl Analo Accepted as a Member of the University of Illinois College of Law Alumni BoardOctober 8, 2018

Karl Analo will join the University of Illinois College of Law Alumni Board in October for a two year term. The Board is actively involved in promoting alumni events, developing opportunities for student-alumni interaction, providing alumni services, and encouraging alumni giving to the College of Law.…

Jordan Goodman Presents "Early Morning Ethics Coffee Talk: Ethical & Professional Challenges Facing SALT Professionals"-COST 49th Meeting-10/25/18October 8, 2018

10/23/18 - 10/26/18 COST - 2018 49th Annual Meeting Arizona Grand Resort and Spa Phoenix, Arizona Rise and shine and enjoy an entertaining, informative hour on the latest ethics developments relevant to state tax professionals. This presentation will serve as your "wake up" for Thursday morning. However, there's much more to this session than getting an hour of Ethics CPE/CLE.…

Jordan Goodman and David Machemer Present "Ethics in the Age of Streeeeeching the Truth"September 20, 2018

9/20/18 - 3:50pm-4:50pm TFI 19th Annual Illinois State & Local Tax Conference The Meridian Conference Center Rolling Meadows, Illinois By attending this session, the participant will be able to take away a deeper understanding of the ethical rules applicable to state and local tax attorney; identify and learn how to implement the best audit and litigation practices for records retention,…

Jordan Goodman Presents 'Wayfair' at the IPT - 2018 Sales Tax SymposiumSeptember 18, 2018

10/1/18 IPT - 2018 Sales Tax Symposium Renaissance Indian Wells Resort Indiana Wells, California This session will provide overview and insight into the Wayfair proceedings from participants and experts on the case. The panel will discuss the background, the decision, and its impact on Quill and nexus. After attending this session, the attendee will: Understand the effects of Wayfair on…

Aaron Werner Presents "The Dealmaker's Perspective: Selling Your Business for Maximum Price, Minimum Risk" at 2018 Mindbody Conference - 9/20/18September 18, 2018

9/18/18 - 9/20/18 2018 MINDBODY BOLD Conference Hilton San Diego Bayfront San Diego, California Aaron Werner will present "The Dealmaker's Perspective: Selling Your Business for Maximum Price, Minimum Risk" at the 2018 MindBody BOLD Conference in September. BOLD Conference's mission is to bring together business owners in the wellness, fitness and beauty industries to share what works in growing a…

Chris Lutz Quoted in Bloomberg BNA "Florida Tax Case Raises Specter of Retroactive 'Wayfair' Use"September 10, 2018

Article by: Chris Marr Read the full article published by BNA Law on 8/14/18 for it subscribers. Chris Lutz recently spoke with Bloomberg Law regarding the Florida Department of Revenue's recent argument in a case applying Wayfair retroactively. Chris discussed his thoughts on how any ruling on the Department's argument should be narrow, but acknowledged the case presents to possibility of…

Rick Rein Presents "The Cryptocurrency Craze" at the ABI Cross-Border Insolvency ProgramSeptember 7, 2018

The use of cryptocurrencies are becoming more prevalent throughout the world. During the early days of Bitcoin there was a relative absence of regulation or control by governments since there is no central issuing authority. Given the increasing use of cryptocurrencies, as well as the increased hacking of these currencies and bankruptcies of cryptocurrency firms, bankruptcy courts will likely have…

David Hughes Provides Insight on Apple Challenging Chicago Tax on Streaming Services to State Tax NotesAugust 31, 2018

An article published by State Tax Notes discusses the expansion of Chicago's amusement tax to music streaming services. Apple Inc. filed a complaint in an Illinois circuit court saying it is unconstitutional and violates the Internet Tax Freedom Act (ITFA). Apple's complaint was similar to Labell, which is currently pending on appeal, and raised a number of identical arguments. State…

HMB's SALT Team Presents at the 25th Annual Paul J. Hartman State and Local Tax ForumAugust 30, 2018

10/17/18 - 10/19/18 25th Annual Paul J. Hartman State and Local Tax Forum Loews Vanderbilt Hotel Nashville, Tennessee Click here for more information and to register   10/17/18 1:00pm-2:00pm Cloud Computing, Digital Sales & Block Chain - Oh My! Chris Lutz This session will review the latest sales and use tax issues in a world where concepts like the sharing…

David Hughes Presents "Beyond Wayfair: Sales Tax Collection in the Internet Age" to the Illinois CPA SocietyAugust 21, 2018

8/21/18 12:00PM - 1:00PM CDT On-Line Newscast Click here for more info and to register. On June 21, 2018, the US Supreme Court issued the most important sales tax decision in the last 25 years. Overruling 50 years of precedent, the Court ruled that a remote seller can be required to collect a sales or use tax even if it…

Chris Lutz Discusses Staples Inc. v. Comptroller of Treasury with State Tax NotesAugust 20, 2018

An article published by State Tax Notes discusses Maryland's intermediary court's decision to uphold the state tax tribunal's ruling in Staples Inc. v. Comptroller of the Treasury. State and Local Tax attorney, Chris Lutz, said, "There is a distinction between Gore and Staples. In Gore  you had a parent company located in Maryland, and you had an intangible subsidiary located…

Crain's Custom Media Recognizes Marilyn Wethekam Among Chicago's Notable Women LawyersAugust 15, 2018

State and Local Tax trailblazer, Marilyn Wethekam was selected as a leader in Chicago by Crain's Custom Media. She is one of the first women to play a key role in SALT practice on the private side and the first woman to chair the Council On State Taxation (COST). Marilyn is a partner at Horwood Marcus & Berk and co-chair's…

Marilyn Wethekam discusses "The Rise of Women In State Tax Administration" with State Tax NotesAugust 15, 2018

An article published by State Tax Notes discusses the rise of women in the state tax administration sector. It is a discussion of the significant role women have played in advancing the SALT practice both from a Tax Administrator and the private sector perspective. Marilyn Wethekam, one of the first women to play a key role in SALT practice on…

Marilyn Wethekam Presents "Nexus Trends and Other Multistate Issues" on the Texas State Taxation Conference Webcast - 8/7/18August 7, 2018

8/7/18 - 8:00am-5:00pm Texas State Taxation Conference Webcast Presented by Texas Society Of Certified Public Accountants Click here for more info and to register. Marilyn Wethekam will be presenting at the Texas CPA Society's Texas State Taxation Conference Webcast on August 7, 2018. The topic is "Nexus Trends and Other Multistate Issues" covering the Wayfair decision and other multistate issues and trends. Click…

The Trustee and the Bitcoin: Identifying and Recovering International Cryptocurrency AssetsAugust 7, 2018

Cryptocurrency has been all the rage recently in the financial and legal news. Everyone has or knows someone who owns bitcoin (the most common form of cryptocurrency), but what exactly is cryptocurrency?

John R. Wiktor Presents: Charitable PlanningAugust 7, 2018

8/7/18 - 8/8/18 Momentum Advanced Planning: Family Office Symposium Ritz-Carlton Philadelphia Philadelphia, Pennsylvania Click here for more info and to register. This symposium will provide the opportunity to explore what it takes to succeed in the family office space with fantastic guest speakers who are eager to share their expertise by discussing the myriad of challenges they've helped affluent families…

Horwood Marcus & Berk Represents Chowly in Series A FinancingJuly 30, 2018

Chowly, a bridge between popular restaurant delivery services such as Uber Eats and DoorDash and a restaurant's POS system, closed a $5.8 million Series A funding round to fuel mass market expansion in the US. Read the full press release on Newswire here. HMB's team was led by Jim Jerue, Renee Rossi and Ray Jacobi.…

Horwood Marcus & Berk Represents Clean Chemistry, Inc. in Series B FinancingJuly 24, 2018

Clean Chemistry, Inc., a provider of patented chemical solutions and technology for oilfield water treatment, completed a Series B financing with Black Bay Energy Capital. The financial terms of the investment are not disclosed. Read the full press release on Business Wire here. HMB's team was led by Jim Jerue, Aaron Werner and Josh Haberkorn.…

Jordan Goodman Presents "Illinois Landmark Unclaimed Property Law Requires Businesses in and out of State to Take Action" with BDO USA - 7/23/18July 23, 2018

7/23/18 - 2pm-3:30pm EST HMB and BDO USA Complimentary Webinar 1.5 CPE Credits in Tax 1.5 CLE Credits in Tax (Illinois Residents) Click here for more info and to register. Jordan Goodman teams up with BDO USA's SALT practice to offer a webinar discussing recent changes to Illinois unclaimed property law. With tax reform and Wayfair in the mainstream, new…

Jordan Goodman and David A. Hughes Present "Nexus in 2018 and Beyond: The New Frontier"July 11, 2018

David A. Hughes and Jordan Goodman will lead this discussion on the new nexus standards around the country and the impact the Wayfair decision has not only on use tax collection but other state taxes as well.…

Tangible Personal or Real Property? An Illinois Sales Tax QuandryJuly 11, 2018

While distinguishing between tangible personal property and real property is necessary in several contexts, it is not always a simple determination to make, particularly from a tax perspective.

David Ruskin Quoted in Bloomberg BNA - "Illinois Has New Courtroom Rules for Tax Whistleblowers"July 10, 2018

Article by Michael J. Bologna The Cook County Circuit Court will randomly assign judges in all future actions under the Illinois False Claims Act, a development with implications for the adjudication of tax whistleblower cases in Illinois. Under Judge James Flannery's order, new cases under the FCA "shall be randomly assigned at the time of filing to one of the…

Takeaways from Wayfair - By HMB's SALT TeamJuly 9, 2018

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 not have physical presence. Now that the physical presence test is gone, state legislation must be reviewed on a case-by-case basis to determine whether it will survive Commerce Clause scrutiny.

HMB's SALT Team Presents at 2018 IPT Sales Tax SymposiumJuly 9, 2018

9/30/18 - 10/3/18 2018 IPT Sales Tax Symposium Renaissance Indian Wells Resort Indian Wells, California IPT's Sales Tax Symposium is your opportunity to take a deep dive into the topics that are top of mind for sales and use tax professionals, delivered by professionals who will provide you with best practices, alternate strategies and ways to demonstrate the value of…

HMB's SALT team Presents at 2018 Southwest/West Regional State Tax SeminarJuly 9, 2018

8/8/18 2018 Southwest/West Regional State Tax Seminar Occidental Petroleum Corporation offices Tulsa, Oklahoma   Federal Tax Reform: Overview of the State Tax Impact of Sweeping Changes Marilyn Wethekam A discussion of state tax implications of the key corporate federal tax reform provisions and the complexities resulting from state conformity or lack of conformity to the Internal Revenue Code. Click here…

David Machemer and Samantha Breslow Present "Managing Exemptions and Resale Certificates" on Lorman - 7/13/18July 9, 2018

7/13/18 1:00pm-2:40pm EST Lorman Education Services Webinar Click here for more info and to register. Determining eligibility for sales tax exemptions and navigating the application process can prove to be difficult for taxpayers who do business in multiple states and jurisdictions. This live webinar will help attendees understand the difference between an item that is excluded from sales tax versus…

Chris Lutz Presents "Is Alternative Apportionment the New Normal?" at 41st Annual Advanced SALT Georgetown University Law Center - 6/1/18July 9, 2018

6/1/18 Georgetown Law School Washington, D.C. Consider how the move from an equally weighted three factor formula together with significantly changing business models requires a detailed analysis of statutory apportionment methods and the use of alternative formulas Discuss the standards and best practices for invoking an alternative formula…

Marilyn Wethekam to participate in "Match Point Debate on all Things SALT" at Georgetown UniversityJuly 9, 2018

6/1/18 Georgetown Law School Washington, D.C. Enjoy a lively discussion of all things SALT, including U.S. Supreme Court predictions. Learn both government and taxpayer perspectives on key issues and hot topics.…

Jordan Goodman Joins Legal Face-Off on WGN Radio to Discuss how the Wayfair Decision Opens the Door for Taxing Internet Sales TaxJuly 6, 2018

Jordan Goodman was interviewed by Chicago's top legal radio show, Legal Face-Off on WGN Radio. Jordan discussed the Wayfair decision's impact on sales tax and how it opens the door for internet sales to be taxed. Listen to the recording on WGN Radio.…

Chris Lutz Provides Insight on How States Should Act Following Wayfair to State Tax NotesJuly 3, 2018

An article published by State Tax Notes discusses how states should act after the Supreme Court handed them a win in South Dakota v. Wayfair Inc. on June 21, 2018. Although it seems to be a victory for the states, experts warn they should tread cautiously in their efforts to seek sales tax compliance from remote sellers. "State and Local…

Jordan Goodman Awarded 'Instructor of the Year Award for State Income Tax' from the Institute for Professionals in TaxationJune 28, 2018

" Jordan Goodman Awarded ""Instructor of the Year Award for State Income Tax"" from the Institute for Professionals in Taxation - 6/26/18 Jordan Goodman was awarded the Institute for Professionals in Taxation's (IPT) Instructor of the Year Award for State Income Tax at the 2018 IPT Annual Conference on 6/26/18. This award is in recognition of his significant contribution to…

David Hughes Presents "Outrageous Cases" at The Chicago Tax Club Summer Seminar - 6/28/18June 27, 2018

6/28/18 Saddle & Cycle Club Chicago, Illinois Click here for more info and to register.   Outrageous Cases 8:00 AM to 9:15 AM A review of recent state indirect and operational tax cases that defy logic, or at least that defy logic more than usual. Whether it is cases upholding tax on streaming services, free meals or bobbleheads (yes, even…

David Machemer Presents "Tax Best Practices Roundtable : Sales and Use Tax"June 20, 2018

In this session, the speakers discussed key sales and use tax developments affecting the leasing industry. Attendees discussed: National issues and trends in sales and use tax including: Wayfair and its (non?) impact on the leasing industry Are states' laws prepared to handle the sharing economy? State's expansion of tax base (i.e. services and sales price) Oregon's inching towards a…

Chris Lutz Recently Covered by State Tax Notes Regarding Alternative ApportionmentJune 18, 2018

State Tax Notes recently covered Christopher Lutz's presentation on alternative apportionment at the Advanced State and Local Tax Institute hosted by Georgetown University Law Center. Chris discussed the varying standards states use in requiring alternative apportionment. The full article, "Alternative Apportionment Disputes May Lessen Over Time," was written by Jad Chamseddine and published by State Tax Notes on May 28, 2018…

Aaron Werner admitted as Partner in Social Venture Partners - ChicagoJune 12, 2018

Aaron Werner was admitted as a Partner in Social Venture Partners Chicago. SVP Chicago invests time, expertise and money in innovative nonprofits that have the potential to make meaningful and sustainable improvements within the Chicagoland community. SVP Chicago brings together a community of engaged philanthropists who want to do more than provide financial support to charitable causes. It is a vehicle…

Chris Lutz Provides Insight on Colorado's Adoption of Market Based Sourcing to State Tax NotesJune 12, 2018

An article published by State Tax Notes discusses Colorado's adoption of market-based sourcing. State and Local Tax Attorney, Chris Lutz told Tax Analysts he's not surprised Colorado adopted market-based sourcing. It has become a trend among states over the past several years. He said many states think it's easier to find out where something is received or delivered rather than…

David Hughes Teaches "Basics of Sales and Use Tax Live Course 2018" for the Sales Tax Institute - 06/21/18June 4, 2018

06/20/18 - 6/22/18 Basics of Sales and Use Tax Live Course 2018 Knickerbocker Hotel Chicago, Illinois 23 CPE Credits Offered Click here for more info and to register. Move from handling sales tax with nerve wracking, frustrating guesswork to shining as a go-to expert in your department. Basics of Sales and Use Tax is an interactive live training course designed…

Marilyn A. Wethekam Presents "State Tax Update" at the Federation of Tax Administrators Annual Meeting - 6/4/18June 4, 2018

6/4/18 Federation of Tax Administrators Annual Meeting Sheraton Hotel Nashville, Tennessee Marilyn Wethekam and Helen Hecht, General Counsel Multistate Tax Commission will discuss current SALT developments and their ramifications to an audience of the 50 state tax administrators.…

Joshua Haberkorn Participates in the 2018 Startup Showcase (District 214) at Forest View Educational Center 5/14/18June 4, 2018

5/14/18 2018 Startup Showcase (District 214) Forest View Educational Center Arlington Heights, Illinois Josh Haberkorn participated as a judge in High School District 214's Startup Showcase, which gives students from six high schools the opportunity to pitch their business ventures following a year's worth of critical thinking, collaboration and innovation in the District's entrepreneurship program.…

Brian Axelrad Participates in the "State of Innovation in East Africa Discussion and Workshop" hosted by the Global Innovation Exchange - 5/17/18June 1, 2018

Brian Axelrad and his team from Beyond Capital Fund participated in a discussion focused on innovation in East Africa hosted by the Global Innovation Exchange. Other participants were from Kenya Climate Innovation Center, Unreasonable East Africa, NetBizImpact, Innovations in Healthcare, VentureLift Africa, Moringa School and ANDE East Africa.…

Marilyn Wethekam and Chris Lutz present at 41st Annual Advanced State and Local Tax InstituteMay 31, 2018

6/1/18 - 1:30 - 2:30 PM Is Alternative Apportionment the New Normal? Chris Lutz Consider how the move from an equally weighted three factor formula together with significantly changing business models requires a detailed analysis of statutory apportionment methods and the use of alternative formulas, and discuss the standards and best practices for invoking an alternative formula Click here to…

Jordan Goodman and Marilyn Wethekam discuss South Dakota v. Wayfair with Sales Tax InstituteMay 30, 2018

Article by: Diane Yetter Read full article published by Sales Tax Institute on 5/18/18. The  South Dakota v. Wayfair  court case has been dominating news cycles lately and in a very short time, much has happened. On April 17th, the US Supreme Court heard oral arguments and this article gets different perspectives on the outcome from five experts on sales…

David Ruskin Quoted in Bloomberg BNA - "'King of Qui Tam' Runs Into Appeals Court Buzzsaw"May 30, 2018

Article by: Michael J. Bologna Read the full article published by BNA Daily Tax Reports on 5/21/18 for its subscribers. A prolific tax whistleblower, Stephen B. Diamond known as the "king of qui tam," is finding it harder to make a living after his pattern of litigation under the Illinois False Claims Act hit a dry spell and a state…

Jordan Goodman and Marilyn Wethekam Present "Situs: Who Can Tax the Transaction"May 22, 2018

One significant area of confusion for both sellers and purchasers is making sure the tax is collected and remitted to the correct taxing jurisdiction. This session will cover the similarities and differences on how the states situs a sale (including subsequent uses) for sales and use tax purposes.…

Challenges in Discovering Perpetrators of International Cryptocurrency FraudsMay 14, 2018

The use of cryptocurrencies is increasing at a staggering pace. As cryptocurrency use becomes mainstream, its use as a form of payment and storage as an asset will increase across industries and among companies and individuals.

Brian Axelrad Making an Impact with Students at Chicago Booth School of BusinessMay 9, 2018

As the Impact Investor in Residence through the Rustandy Center for Social Service Innovation at the Chicago Booth School of Business, Brian Axelrad works with, counsels and mentors students focused on impact investment and careers in the field. As part of these efforts, Brian coached teams of Booth MBA students who participated in two international, multi-business school competitions: the "Invest…

Horwood Marcus & Berk Chartered Retained as Counsel to Official Committee of Unsecured Creditors of Zero Energy Systems, LLCMay 7, 2018

PRESS RELEASE Contact: Jason Klika Horwood Marcus & Berk Chartered 312.281.1102 CHICAGO, IL (May 7, 2018) -  The Official Committee of Unsecured Creditors of Zero Energy Systems, LLC selected Horwood Marcus & Berk Chartered (""HMB"") as its legal counsel, with the U.S. Bankruptcy Court for the Southern District of Iowa approving HMB's retention on May 2, 2018.  Zero Energy Systems…

Jordan Goodman & David Hughes Present with BDO: "IL: Landmark Unclaimed Property Law Requires Businesses In & Out of State to Take Action"-5/22/18May 7, 2018

5/22/18 1:00 - 2:30 PM CST 1.5 hours of IL CLE credit offered 1.5 hours of CPE credit in the field of tax offered Click here for more information and to register With a multi-billion dollar pension crisis on hand, Illinois seeks to use unclaimed property to be a funder to pension obligations. Accordingly, IL has stepped out as one…

David Hughes Presents "Gross Receipts Tax for Consumer Vehicle Lessors" at the Association of Consumer Vehicle Lessors (ACVL) - 04/30 - 05/01/18May 1, 2018

04/30 - 05/01/18 Association of Consumer Vehicle Lessors (ACVL) Dallas/Plano Marriott at Legacy Town Center Plano, Texas David Hughes will be discussing some of the unique gross receipts tax issues faced by consumer vehicle lessors at the Association of Consumer Vehicle Lessors (ACVL) in Plano, Texas.…

David Hughes Provides His Opinion on qui tam Suit Against Best Buy Stores LP to State Tax NotesMay 1, 2018

An article published by State Tax Notes discusses the Illinois Appeals Court Ruling a DOR audit does not bar a qui tam suit against Best Buy Stores LP. State and Local Tax Attorney, David Hughes, stated, "This is a frustrating and unfortunate decision for both [IFCA] defendants and the Department of Revenue." He went on to say, "For defendants, the decision…

Brian Axelrad discusses "The Role of Social Impact in Africa's Development" at Chicago Booth School of Business Emerging Markets Summit - 4/14/18April 30, 2018

4/14/18 Emerging Markets Summit Chicago Booth School of Business Click here for more info Brian Axelrad participated in a panel at the "Emerging Markets Summit" at the Chicago Booth School of Business. This discussion focused on "The Role of Social Impact in Africa's Development" where attendees learned about the investing landscape and the future of social impact programs in Africa.…

Christopher Lutz Presents "Wayfair and What's Next Update" at the 2018 Hotel Tax Executives ConferenceApril 30, 2018

4/30/18 - 5/2/18 2018 Hotel Tax Executives Conference The Canopy by Hilton Washington, D.C. Christopher Lutz will provide an update on Wayfair at the 2018 Hotel and Tax Executives Conference in Washington, D.C. Chris will discuss current updates with Wayfair and what's next.…

Marilyn Wethekam in Bloomberg BNA "States Uncertain on Conformity According to Bloomberg Tax's 2018 Survey of State Tax Departments"April 27, 2018

Article by:  Chreasea Dickerson Read the full article published by BNA Daily Tax Reports on 4/20/18 for its subscribers. Bloomberg BNA sent a questionnaire related to conformity to certain provisions of federal tax reform to the top SALT officials in all 50 States, including D.C. and NYC, and what they found was many states are not yet sure how to…

Jordan Goodman Presents "A Closer Look at Qui Tam 'Whistleblower' and Class Action" at TEI Rochester Chapter - 5/1/18April 27, 2018

5/1/18 Tax Executives Institute, Inc. -  Rochester Chapter Double Tree by Hilton Hotel Rochester Rochester, New York Click here for more info and to register Jordan Goodman will discuss qui tam lawsuits, class action lawsuits and how your organization may be at risk.…

Jordan Goodman and Marilyn Wethekam present "All States Update" at the Tax Executives Institute, Inc. Dallas/Fort Worth Tax SchoolApril 25, 2018

4/25/18 Tax Executives Institute, Inc. Dallas/Fort Worth Tax School Cityplace Conference Center Dallas, Texas Jordan Goodman and Marilyn Wethekam will discuss how to identify major developments in today's state and local tax world and spot trends to anticipate potential problems and find potential solutions as well as recognize positions that taxpayers and states are currently taking and issues affecting positions…

Marilyn Wethekam and Jordan Goodman Present "Multistate Tax Update" at the Dallas and Fort Worth Chapter of Tax Executives Institute - 4/25/18April 25, 2018

4/25/18 Dallas and Fort Worth Chapter of Tax Executives Institute Dallas, Texas Click here for more info about TEI Marilyn Wethekam and Jordan Goodman will discuss current State and Local Tax developments and polices. Click here to request a copy of this presentation.…

Jeffrey Hechtman & Aaron Werner Present to the Good Food Accelerator at 1871 in Chicago, Illinois - 4/16/2018April 23, 2018

4/16/18 Good Food Accelerator Chicago, Illinois Jeffrey Hechtman and Aaron Werner presented "Exit Strategies for Privately Held Businesses" at the Good Food Accelerator on April 16, 2018. The presentation covered various topics that business owners should consider prior to marketing and selling their business, in addition to various strategies and approaches to structuring a sale transaction that is beneficial to…

Jordan Goodman Presents "Positioning for More Favorable Outcomes: Income and Franchise Tax Controversies" at 2018 National Multistate Tax SymposiumApril 19, 2018

2/8/18 The 2018 National Multistate Tax Symposium Disney's Grand Floridian Resort & Spa Orlando, Florida Presented by The National Multistate Tax Symposium This session will address how businesses may tactically position and manage their daily corporate operations in preparation for imminent state income tax audits and controversies to help avoid unnecessary costs, disruptions, and expensive litigation, as well as increase…

Jordan Goodman Presents "Multi-State Tax Update" at the 2018 MEGA CPE Conference - 6/14/18April 19, 2018

6/13/18 - 6/16/18 The 2018 MEGA CPE Conference Disney's Contemporary Resort Orlando, Florida Presented by Florida Institute of CPAs Click here for more info and to register. This presentation will get the audience up to date on recent state and local tax cases and statutory changes that will affect their client's business. The discussion will cover such topics as when…

Jordan Goodman Presents "Changing With the Times Without Changing Who You Are" at the 2018 IPT Annual Conference - 6/26/18April 19, 2018

6/24/18 - 6/27/18 2018 IPT Annual Conference JW Marriott Parq Vancover Hotel Vancouver, British Columbia, Canada Presented by Institute for Professionals in Taxation Your company's (or client's) goals change all the time. Last year, the focus was on the ETR.  This year, its free cash flow.  Next year, above-the-line savings. Then the focus shifts to headcount. Then to risk management. In this session, we…

Fred Marcus, David Hughes and David Machemer Present "Fundamentals of State Taxation" at the TEI 4th Annual Spring Seminar - 4/24/18April 17, 2018

4/24/18 TEI 4th Annual Spring Seminar Scott Conference Center Omaha, Nebraska Presented by The Tax Executives Institute (Nebraska Chapter) Click here for more info and to register. Fundamentals of State Taxation is a full day seminar designed to provide basic state and local tax knowledge for tax professionals. This seminar covers a wide variety of state and local tax topics…

Marilyn Wethekam Provides Insight On South Dakota v. Wayfair Inc. to State Tax NotesApril 9, 2018

State Tax Notes published an article that captures the opinions of State Tax Notes' board members regarding the U.S. Supreme Court decision to grant certiorari in South Dakota v. Wayfair Inc. If the Court upholds the South Dakota statute, retailers will be required to collect sales tax on Internet purchases. Marilyn Wethekam writes: There is an adage, "Be careful what you…

HMB Welcomes John W. Guzzardo And Continues To Expand Its Bankruptcy, Reorganization & Creditors' Rights PracticeApril 5, 2018

CHICAGO, IL (April 5, 2018) - Horwood Marcus & Berk Chartered ("HMB"), a preeminent provider of legal services in business and finance, litigation, trusts and estates, real estate, state and local taxes and bankruptcy, reorganization and creditors' rights announced that attorney John W. Guzzardo joined the firm as a partner in it's growing bankruptcy, reorganization and creditors' rights practice. John represents…

Aaron Werner Presents to the Next Series Club in Chicago, Illinois - 3/28/18April 5, 2018

3/28/18 Next Series Club Chicago, Illinois Aaron Werner (HMB), Kathleen Swan (Locke Lorde) and Heather Harper (Start Up Legal Shop) participated on a panel discussion hosted by the Next Series Club in Chicago, Illinois. The Next Series Club is private group of financial and operational professionals leading Chicago's fast-growth companies. Members of the group meet and share knowledge with the…

Jordan Goodman Presents "State Exemptions and Deductions" at the 2018 UPPO Annual Conference - 3/5/18April 4, 2018

2018 UPPO Annual Conference - Tampa Marriott Waterside, Tampa, FL - 3/5/18 HMBs Jordan Goodman will present at the 2018 UPPO Annual Conference on 3/5/18. He will discuss state-specific reporting exemptions, including business-to-business (B2B) transactions and allowable deductions.…

"A Closer Look at Qui Tam 'Whistleblower' and Class Action"April 4, 2018

HMB's Jordan Goodman presented at the 2018 COST Sales Tax Conference & Audit Session held in New Orleans, LA from 2/26/18 - 3/1/18. He discussed taking a closer look at qui tam "whistleblower" and class action lawsuits and how your organization may be at risk.…

Jordan Goodman Provides Insight on the Quill and Wayfair cases to State Tax NotesApril 3, 2018

An article published by State Tax Notes covers a panel discussion regarding whether or not the U.S. solicitor general is correct that Quill Corp. v. North Dakota should be applied only to traditional mail-order retailers. University of Connecticut law professor Richard Pomp applauded the solicitor general's amicus brief in South Dakota v. Wayfair Inc., in which the solicitor argued that…

Fred Marcus, Jordan Goodman & Marilyn Wethekam authored Bloomberg Tax Management Portfolio-"Sales & Use Taxes: The Machinery and Equipment Exemption"April 3, 2018

State and Local Tax Attorneys Fred Marcus, Jordan Goodman and Marilyn Wethekam recently authored "Sales and Use Taxes: The Machinery and Equipment Exemption" for Bloomberg BNA's Tax Management Portfolios, 1330 3rd edition. This portfolio discusses sales and use tax incentives for machinery and equipment used in manufacturing operations. HMB offers a limited number of hard copies for clients. Click here to…

Keith Berk Named 2017 Distinguished President of The Year by Board Room MagazineMarch 23, 2018

Congratulations to Keith Berk who was named the 2017 Distinguished President of The Year by Board Room Magazine. For 22 years, Board Room Magazine has been the official publication for the Association of Private Club Directors and this year, Keith Berk was recognized for providing Northmoor Country Club with exceptional, responsible and transparent leadership.…

Marilyn Wethekam Presents "Multistate Tax Update" at the Tulsa Chapter of Tax Executives Institute - 5/17/18March 21, 2018

5/17/18 Tulsa Chapter of Tax Executives Institute Tulsa, Oklahoma Marilyn Wethekam will discuss current State and Local Tax developments and polices with an emphasis on the Midwest changes.…

Horwood Marcus & Berk Announced As Winner Of The 12th Annual Turnaround AwardsMarch 19, 2018

CHICAGO, IL (March 16, 2018) - The M&A Advisor announced the winners of the 12th Annual Turnaround Awards on Thursday, December 21st.  Horwood Marcus & Berk Chartered ("HMB") was named a winner of the Section 363 Transaction of the Year ($10MM - $25MM) for Aaron L. Hammer's representation of Central Iowa Healthcare ("CIH") in its successful chapter 11 sale before…

HMB's SALT Team Presents at 2018 ABA/IPT Advanced Tax SeminarsMarch 18, 2018

3/19/18 2:00-2:50 PM The Insider's Guide to New Tax Dispute Resolution Forums David Hughes Many states recently revamped their tax dispute forum systems, often for the better. This panel will compare and contrast the systems of three states: Illinois, Georgia and the new California Office of Tax Appeals. Click here to request a copy of this presentation. 3/20/18 11:00-11:50 AM…

Marilyn Wethekam to present "Filling in the Gaps The Rise in Local Taxes" at COST 2018 Income Tax ConferenceMarch 15, 2018

4/18/18 Park Plaza Boston, MA Click here for more information and to register Traditional income and sales taxes imposed at the state level are not sufficient to pay for all the costs of state and local government. There has been a trend towards local taxes some of which are not and cannot be true income or sales tax. This session will look…

HMB Article Cited in MN Supreme Court Qui Tam CaseMarch 8, 2018

By: Christopher T. Lutz, Fred O. Marcus and Jordan M. Goodman In 2013, Christopher T. Lutz, Fred O. Marcus and Jordan M. Goodman wrote an article urging states to reject the applications of False Claims Acts to state and local taxes. The article was published in the Journal of Multistate Taxation and Incentives, Thomson Reuters/WG&L. Volume 22, Number 9. January 2013.…

HMB's David Ruskin Quoted in Bloomberg BNA - "Tailors Object to Litigation by Notorious Illinois Whistleblower"March 7, 2018

Article by: Michael J. Bologna Read more from BNA Daily Tax Report. A group of custom tailoring companies hopes to dismiss 17 lawsuits filed by a prolific tax whistleblower who alleges the defendants engaged in frauds designed to avoid sales and use tax obligations payable to Illinois. The defendant tailors Feb. 28 filed motions in Cook County Circuit Court to…

HMB Welcomes Aaron L. Hammer and Expands its Bankruptcy, Reorganization & Creditors' Rights PracticeMarch 6, 2018

PRESS RELEASE Contact: Jason Klika Horwood Marcus & Berk Chartered 312.281.1102 CHICAGO, IL (March 6, 2018) - Horwood Marcus & Berk Chartered ("HMB"), a preeminent provider of legal services in business and finance, litigation, trusts and estates, real estate and state and local taxes, announced that accomplished corporate reorganization, bankruptcy and creditor's rights attorney Aaron L. Hammer joined the firm…

Federal Tax Law Impact on Illinois Tax Revenue March 2018March 1, 2018

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…

David Hughes Presents at the 2018 ABA/IPT Advanced State Income, Sales/Use & Property Tax SeminarFebruary 19, 2018

3/19/18 - 3/21/18 2018 ABA/IPT Advanced State Income, Sales/Use & Property Tax Seminar The Ritz Carlton New Orleans, LA Click here for more info and to register The Insider's Guide to New Tax Dispute Resolution Forums - 3/19/18 Many states have recently revamped their tax dispute forum systems, often for the better. This panel will compare and contrast the system…

HMB's David S. Ruskin Quoted in BNA Notorious Whistleblower ArticleJanuary 30, 2018

"Notorious Whistleblower Takes Custom Tailors to Court" Excerpt From BNA Daily Tax Report: State, January 30, 2018 By: Michael J. Bologna "An Illinois court has unsealed another 23 lawsuits filed by a veteran whistleblower who is targeting dozens of foreign and domestic bespoke tailors for alleged tax frauds under the Illinois False Claims Act... David S. Ruskin, a partner in the Chicago office…

Congratulations to HMB's Honored Lawyers of 2018January 25, 2018

2018 Illinois Super Lawyers John W. Guzzardo Richard M. Horwood Fred O. Marcus Jason M. Torf Marilyn A. Wethekam Jeffrey A. Zaluda 2018 Illinois Super Lawyers - Rising Stars Karl E. Analo Grant R. Hendricks Aaron D. Werner 2018 Emerging Lawyers Karl E. Analo Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who…

David Machemer and Samantha Breslow to Present Live Webinar: "Managing Exemptions and Resale Certificates"January 23, 2018

Click here for more information Determining eligibility for sales tax exemptions and navigating the application process can prove to be difficult for taxpayers who do business in multiple states and jurisdictions. Join David and Sam on a live webinar hosted by Lorman Education Services. Attendees will be able to: Define an 'exclusion' versus an 'exemption' for sales tax purposes Explain…

Horwood Marcus & Berk Chartered Elevates Two Associate Attorneys to PartnerJanuary 17, 2018

PRESS RELEASE Contact: Jason Klika Horwood Marcus & Berk Chartered 312.281.1102 CHICAGO, IL (January 17, 2018) - Horwood Marcus & Berk Chartered, a preeminent provider of legal services in business and finance, litigation, trusts and estates, real estate and state and local taxes, announced that two associate attorneys were elevated to partner. Brett M. Winterstein. Brett is a member of…

To Deduct or Not Deduct - The Illinois Personal Service Income ConundrumJanuary 17, 2018

The Illinois replacement tax allows an LLC or partnership to deduct from its base income ''personal service income'' or a reasonable allowance for compensation paid or accrued for services rendered by the partners.

Chris Lutz Quoted in Law 360 "Vermont Bill Would Tax Cryptocurrency Transactions"January 11, 2018

Below is an excerpt of the article written by James Nani and published on 01/11/18. Click here to read the full article. HMB's Chris Lutz was recently quoted in Law 360 regarding Vermont's novel proposal to tax all cryptocurrency transactions at $0.01 per transaction. Lutz discussed the impact the legislation might have in Vermont while considering the bill in the…

Marilyn Wethekam Named to the State Tax Notes Advisory Board - January 2018January 10, 2018

Tax Notes is a collection of publications by Tax Analysts, a non-profit tax publisher. Tax Notes' news publications provide comprehensive but impartial coverage of tax news, while Tax Notes' commentary publications contribute spirited and personable voices to the conversation and debate around the understanding and application of tax policy. Marilyn is a frequent contributor to State Tax Notes.…

Marilyn Wethekam Presents "Positioning with the C-Suite - Tips for Tax Department Professionals" at 2018 National Multistate Tax Symposium - 2/7/18January 8, 2018

2/7/18 - 2/8/18 The 2018 National Multistate Tax Symposium Disney's Grand Floridian Resort & Spa Lake Buena Vista, Florida Presented by Deloitte Tax LLP in collaboration with the Tax Section of the Florida Bar Click here for more info and to register. The implications of tax may ultimately affect the financial and strategic decisions of many organizations - thus leaving…

Marilyn Wethekam "2018, the Year to Marginalize Quill"January 5, 2018

2017 was to be the year of federal tax reform. The initial federal tax reform proposals were more theoretical than detailed. There was, however, a common theme. The proposed reform was focused on territorial concepts, taxing imports, encouraging repatriation of foreign earnings by reducing the rate of tax on those earnings and stimulating the expansion of domestic manufacturing by expensing cost recovery.

David Hughes Presents "Multistate Income Tax Apportionment: Trends, Traps and Tips" at the IL CPA Society - 1/17/18January 4, 2018

1/17/18 8:15 AM - 4:20 PM CST IL CPA Society 550 W. Jackson Blvd., Suite 900 Chicago, IL Click here for more info and to register. Apportionment rules are constantly changing.  From one factor to three factor formulas.  From sourcing based on location of service to sourcing based on location of customer. Review the current state of apportionment rules with…

HMB Named to U.S. News "Best Lawyers & Best Law Firms" - 2018December 8, 2017

We are pleased to announce that HMB earned top recognition in the 2018 edition of  U.S. News - Best Lawyers? "Best Law Firms." Additionally, HMB was named a Tier 1 law firm in Chicago for Trusts & Estates. Richard M. Horwood and Jeffrey A. Zaluda were selected by their peers for inclusion in The Best Lawyers in America in the practice area of Trusts…

2017 Year-End Tax Letter: Anticipating ChangeDecember 6, 2017

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 the changes that Congress is working on right now, and how those changes may impact your personal tax situation for 2017 and future years.

Fred Marcus Presents "Today in Taxes" at the 2017 Annual NYU Institute on State and Local Taxation - 12/4/17December 4, 2017

Grand Hyatt New York New York, NY 12/4/17 - 12/5/17 Get ready for a jam-packed show! It's hard to cover the ever changing state and local tax landscape, but an all-star team of "special reporters" provides a rundown of what you need to know about the most important SALT developments affecting taxpayers today. Included in this year's "Hardball" segment is…

Jordan Goodman Presents "Ethical Challenges for State Tax Professionals in an Era of Transparency"-2017 Annual NYU Institute State & Local TaxationDecember 4, 2017

12/4/17 - 12/5/17 Grand Hyatt New York New York, NY Click here for more info and to register. The panel tests the audience to determine who possess the best working knowledge of the ethical rules (or are just good guessers). Taking the form of a game show, this ethics test examines everyday occurrences in the state tax world and applies…

David Machemer Presents "Multistate Tax Update: State Tax Decisions, Issues and Policy Matters" at the Indiana CPA Society's 2017 Tax ConferenceNovember 30, 2017

11/30/17 Ritz Charles, Carmel 8:30 a.m.-4:40 p.m. CPE: 8 hours (includes 1.5 hrs of Ethics) CLE: 6.7 hours (includes 1.3 hrs of Ethics) CFP: up to 5 hours In this session, David will identify and discuss recent judicial decisions that may impact taxpayers' planning and filing decisions.  Attendees will learn about recent SALT trends to anticipate potential problems and identify…

Jordan Goodman Quoted in CBS News "Amazon Sales Taxes: South Carolina Says Pay Up"November 17, 2017

Below is an excerpt of the article written by Jonathan Berr and published on 11/17/17. Click here to read the full article.  A high-stakes legal battle is heating up over whether Amazon is shirking its legal obligations to collect sale taxes on merchandise sold by independent sellers on its site. Sellers and their allies say Amazon is far better equipped to…

Jordan Goodman & Chris Lutz Present "Fortifying The Tax Base: The Trend Away From Traditional Income and Sales Tax" to TEI Philadelphia ChapterNovember 17, 2017

11/29/17 Penn State Great Valley Malvern, PA Click here for more info and to register Jordan and Chris will discuss the erosion of the traditional tax base and the creation of new, different and more fun taxes being imposed by the states and local governments. They will examine the types of revenue generation being utilized and some of the new…

Chris Lutz Quoted in State Tax Notes "Experts Say Digital Transactions Remain a Tax Enigma" - 11/9/17November 9, 2017

Chris Lutz was quoted in TaxNotes regarding a presentation he gave at the Annual Meeting of the California Tax Bar and California Tax Policy Conference addressing the many issues faced by companies employing emerging technologies. Lutz said the ambiguity involved in describing server activity for the purpose of sourcing transactions highlights the challenges governments face. Tax officials may have to…

Directed Trusts: Who’s the Boss? Liability in Directed Trusts & Administrative Dilemmas, Chicago Bar Association, 11/7/17November 7, 2017

Grant Hendricks and Adam Novak of The Northern Trust Company presented to the CBA on 11/7/2017.  They discussed the Illinois directed trust statue and its underlying complications.…

Directed Trusts: Who's the Boss? Liability in Directed Trusts & Administrative Dilemmas, Chicago Bar Association - 11/7/17November 7, 2017

Grant Hendricks and Adam Novak of The Northern Trust Company presented to the CBA on 11/7/2017.  They discussed the Illinois directed trust statue and its underlying complications.…

Chris Lutz to Present "Taxing Digital Transactions in an Analog World" to the State Bar of CA, Taxation Section - 11/3/17November 3, 2017

11/3/17 State Bar of California, Taxation Section's 2017 Annual Meeting of the California Tax Bar and California Tax Policy Conference Click here for more information The Conference features two and a half energy-packed days with an agenda of 32 educational courses and numerous networking opportunities tailored to corporate tax executives, attorneys, CPAs, financial planners, enrolled agents, government tax officials, legislators…

David Hughes Presents "The Local Tax Morass: Compliance & Controversy" at The Chicago Tax Club Annual Fall Seminar - 11/2/17November 2, 2017

11/2/17 Donald E. Stephens Convention Center Rosemont, IL Click here for more info and to register  Cities, counties and other local municipalities in search of additional revenue are aggressively imposing taxes in ways not typically seen. Many of these jurisdictions have outdated and imprecise laws and regulations, little or no guidance and often no administrative hearing process, forcing taxpayers into…

Rick Rein Presents "How to Position Yourself to Recover Claims Outside the US"November 1, 2017

Dassault Systemes Franklin Room 175 Wyman Street Waltham, MA 02451 8:00-10:00 AM EST Click here to register Because international commerce and cross-border financing has become commonplace, US companies have been forced to face the realities that they will have to resort to legal procedures to collect debts owed by foreign business partners. However, trying to pursue an offshore enterprise presents…

Look Before You Leap: Demystifying Cross-Border RecoveriesOctober 29, 2017

Rick Rein Contributed to an article discussing Local jurisdictions and establishing a plan of action for achieving an international recovery of an asset.

David Hughes Presents "Wheel of (Mis) Fortune - C&I Ethical Dilemmas for IPT Members" - 10/25/17October 25, 2017

10/25/17 The Palmer House Hilton Chicago, IL When it comes to building an internal incentives team, there are many departments within an organization that have input into the decision process.  In this session, speakers will discuss proven methods and strategies on how to build an internal incentives team.  The topic will include developing the workplan, measurement and reporting incentive outcomes…

David Hughes Presents "From Local Taxes to Apportionment & Everything in Between: Hot Topics in State & Local Tax"-AGN 2017 SALT Conference-10/23/17October 23, 2017

10/23/17 Double Tree by Hilton Nashville - Downtown The world of state and local tax is growing increasingly complex for multistate taxpayers. Issues concerning nexus, sourcing, credits, services, flow-throughs, combined reporting, exemptions and the tax base present new challenges every day. This session will explore current developments in state and local tax, including a deep dive into local taxes and…

Richard Horwood Quoted in Bloomberg BNAOctober 16, 2017

Below is an excerpt from the original post by Allyson Versprille. Permanent estate tax repeal would allow private art collectors to hold onto their artwork longer, giving them more time to reap its full value, attorneys told Bloomberg BNA. Today, some private collectors may choose to bequeath their art to charities, museums, or universities at death because they can get an…

Chris Lutz Quoted in State Tax Notes "South Dakota Petition Urges U.S. Supreme Court to Kill Quill" - 10/4/17October 4, 2017

Chris Lutz was quoted in State Tax Notes discussing current "kill Quill" initiatives. "I have yet to see an articulate view of what limiting principle should apply with respect to remote sellers if the court were to do away with the bright-line rule [of physical presence]," said Christopher Lutz of Horwood Marcus & Berk in Chicago. States such as South…

HMB SALT Team at 24th Annual Paul J. Hartman State and Local Tax ForumSeptember 29, 2017

11/6/17 - 11/8/17 Loews Vanderbilt Hotel Nashville, TN Click here for more info and to register. Marilyn Wethekam Nexus: What's New? Top Ten Issues of the Day The panel will update nexus law since law year's SALT Forum. (60 Min.) Click here to request a copy of this presentation. Jordan Goodman Pomp vs. Goodman Be informed and entertained as perennial…

Fred Marcus in "Ask the Experts" Panel Session at Taxpayers' Federation for Illinois - Annual State and Local Tax ConferenceSeptember 26, 2017

9/26/17 8:00 AM - 4:50 PM Meridian Conference Center 1701 W. Algonquin Road Rolling Meadows, Illinois 6 MCLE/CPE Credits Click here for more info and to register. This year's conference will focus on technical tax and policy developments in Illinois, plus provide updates to changes occurring in other states. The speakers for the State and Local Tax Conference are some…

Christopher T. Lutz joins Horwood Marcus & Berk's State and Local Tax groupSeptember 25, 2017

HMB is happy to welcome Chris Lutz to its State & Local Tax group. Chris concentrates his practice on litigating state and local tax controversies for multi-state businesses and advises businesses on a range of issues, including income tax, local taxes, sales and use taxes and taxes relating to financial institutions, insurance, telecommunications and energy companies. Chris is a frequent…

HMB SALT Team at IPT Sales Tax SymposiumSeptember 17, 2017

9/17/17 - 9/20/17 La Cantera Hill Country Resort 16641 La Cantera Pkwy, San Antonio, TX 9/18/17 - 8:30-10:00 AM Jordan Goodman The Year in Review A review of trends that have emerged in the last 12 months including a discussion of recent court decisions and pending cases and their impact. Click here to request a copy of this presentation. 9/18/17…

David Hughes named Adjunct Professor at the LLM Tax Program at Northwestern University Pritzker School of LawSeptember 14, 2017

After its establishment in 2002, the Tax Program at Northwestern Pritzker School of Law has been recognized as a leader in the field, ranking fourth in U.S. News and World Report since 2005. Their comprehensive curriculum, outstanding faculty, and small, collaborative community provides students with a solid understanding of the complexities of tax law and specialized skills needed to practice federal, state,…

Aaron D. Werner will present "Smart Growth Solutions: Structuring, Growing and Selling Your Business" at the 2017 MINDBODY Software ConferenceSeptember 11, 2017

Aaron D. Werner will present "Smart Growth Solutions: Structuring, Growing and Selling Your Business" at the 2017 MINDBODY Software Conference in San Diego, California on 9/29/17. MindBody, Inc. is the leader in business management software making marketing and management easy for business owners. This session is for business owners who want to grow from a few locations to a national…

Jordan Goodman & Marilyn Wethekam Present "Survivor Ethics: How Well Do You Know The Ethical Rules?"-Medtronic Global Corporate Tax Team MeetingAugust 22, 2017

8/22/17 Global Corporate Tax Staff Meeting - Medtronic Corporate Tax Le 1k/Rome/Paris/Athens/Sydney By attending this session, the participant will be able to take away a deeper understanding of the ethical rules applicable to state and local tax attorney; identify and learn how to implement the best audit and litigation practices for records retention, filing strategies, and electronic records; and focus…

HMB SALT Team Represents IRMA in Cook County "Soda Tax" LawsuitAugust 15, 2017

On 6/27/17, the Illinois Retail Merchants Association, on behalf of Cook County retailers, filed a temporary restraining order and is seeking a preliminary injunction in the Cook County Circuit Court challenging the sweetened beverage tax saying it violates the uniformity clause of the Illinois Constitution and is impermissibly vague. Below are select news articles following the case. 8/15/17 - "Law…

Timing Is Everything - Reporting of Revenue Agents ReportsAugust 14, 2017

Nowhere in the state tax world is that statement more important than complying with the state filing requirements for reporting changes to federal taxable income.

Sins of the States: Local Government's Search for Revenue, State Tax Notes, July 17, 2017August 14, 2017

The focus of the SALT community's discussion generally has been on the states' search for revenue and the creation of new revenue sources. What has been overlooked in that discussion, however, is the revenue needs of cities, counties, and other local governmental bodies.

Debate Over Nexus for For Sales/Use Taxes - Are We Headed Towards a New Frontier?August 8, 2017

8/8/17 1:00 - 2:30 PM CST At the end of this Webinar, participants will: Appreciate the numerous ways states are trying to tax out-of-state sellers Be aware of the "single state" attack on Quill and potential ramifications associated with its demise Understand the constitutional hurdles that a state must overcome to reverse Quill…

Samantha Breslow & Justin Stone present “Debate Over Nexus For Sales/Use Taxes: Are We Headed Towards a New Frontier?”-AGN International-8/8/17July 31, 2017

Live Webinar At the end of this Webinar, participants will: Appreciate the numerous ways states are trying to tax out-of-state sellers Be aware of the "single state" attack on Quill and potential ramifications associated with its demise Understand the constitutional hurdles that a state must overcome to reverse Quill…

David Hughes Presents "Local Taxes: Compliance, Audits and Strategy" at Baker Tilly's July SALT SummitJuly 27, 2017

Local taxing jurisdictions - from big cities to small municipalities to counties - are becoming noticeably more aggressive in their efforts to raise revenue.  These efforts can take the form of new taxes, questionable interpretations of existing taxes, or aggressive audit positions.  Taxpayers need to be aware of the limits imposed on local taxing jurisdictions in order to defend themselves…

Jordan Goodman Presents "From Here to There - A National SALT Update" at the Texas State Taxation Conference WebcastJuly 24, 2017

8/7/17 8:00 AM - 3:55 PM Click here for more info and to register. CPE Hours:  8 based on actual attendance. MCLE Hours: 6.5 based on actual attendance. Join Jordan from the comfort of your office as he discusses: Recent SALT decisions affecting taxpayers today Practical applications and how to best approach each state Colorado reporting provisions Various state approaches for…

Telecoms Face Tough Tax Questions Surrounding Realty Versus Personality ClassificationsJuly 21, 2017

David's article explores the ramifications of treating something as tangible personal or real property for sales/use and property tax purposes, specific to the telecommunication industry.

15th Annual State & Local Tax Summer CampJuly 19, 2017

Join us for our 15th Annual HMB Summer Camp!  A full-day conference presented exclusively to HMB's valued clients and invited guests.  Discover the latest issues, evaluate important updates and gain valuable insight from our seasoned professionals. Click here to request a PDF of the presentation. Agenda 8:00 - 8:30am - Registration & Continental Breakfast 8:30 - 8:45am - Welcome and…

David Hughes Presents "Jurisdiction to Tax: Constitutional and Federal Constraints" at NYU Summer Institute in Taxation - 7/17/17July 17, 2017

In this three hour session, David will cover everything you need to know about nexus, including recent developments in economic nexus, agency nexus and "anti-Quill" legislative and judicial activity.  The session will explore the limits on a state's authority to tax under state, federal and constitutional law with a particular emphasis on sales/use tax and income tax nexus.…

David Hughes Presents "M&A for Sales and Use Tax - A Race to the Finish Line" at the 2017 IPT Annual Conference - 7/11/17July 11, 2017

After attending the session, attendees will be able to: Differentiate among the different state sales and use tax rules that apply to different types of business acquisition transactions as well as the applicability of important exemptions from sales tax that can be used to limit potential exposure More effectively communicate potential exposure to organization leaders and decision makers regarding sales…

HMB SALT Attorneys Presenting at the Advanced State & Local Tax Institute - Georgetown Law CLEJuly 7, 2017

10 Reasons Why You Should Attend Delve into how changes to the federal tax regime may affect state tax regimes Explore the impact of federal tax changes on business state tax planning Watch a lively debate on retroactivity between advocates before state tax court judges Hear perspectives from three state tax administrators on key issues their states are facing Network…

Marilyn Wethekam Presents "Gathering More: Business Perspectives on Federal Tax Reform" - Advanced State & Local Tax Institute - Georgetown Law CLEJuly 6, 2017

By attending this session, participants will: Gather the business perspective on key federal tax issues that states should or must address Learn from examples of corporate modeling and planning for the impact of federal tax reform on state taxation Consider the differential impact of aspects of federal tax reform on state tax Click here to contact Marilyn Wethekam about this…

Jordan Goodman Presents "Survivor Ethics: How Well Do You Know the Ethical Rules?" at the Advanced State & Local Tax Institute - Georgetown Law CLEJune 30, 2017

By attending this session, participants will: Have a deeper understanding of he ethical rules applicable to state and local tax attorneys Identify and learn how to implement best audit and litigation practices for records retention, filing strategies, and electronic records Focus on the implications of ABA Model Rules of Professional Conduct. Click here to contact Jordan Goodman about this presentation.…

Jordan Goodman Presents "Big Easy Income Tax Brawl" at the 2017 Southeastern Association of Tax Administrators Annual ConferenceJune 28, 2017

This never-ending battle of good versus evil in SALTdom will feature discussions of cases and evolving trends in the SALT world. By attending this session, the participant will be able to: Identify major developments in today's SALT world and spot trends Recognize positions that taxpayers and states are currently taking Recall the most important recent SALT cases Analyze key decisions…

Jordan Goodman Presents "Veering Off Course: Issues Unique to the Financial Industry" at the 41st Annual IPT ConferenceJune 27, 2017

7/9/17-7/12/17 2017 IPT Annual Conference Charlotte, North Carolina Jordan will zero in on the nexus, sourcing and tax base issues specifically associated with financial institutions and their affiliate businesses. After attending, the attendee will be able to: Explain nexus rules as they apply to Financial Institutions Determine sourcing of interest and other income from intangibles is subject to the same…

Key Issues for Collectors: Buyer BewareJune 5, 2017

Recent cases have brought to the forefront issues regarding the risks of purchasing art.

30 Things I've Learned After 30 Years as an Estate PlannerMay 29, 2017

The ABA published this article in one of their journals and it expresses my views of what makes a satisfying client relationship, as well as a satisfying relationship with partners, referral sources, and the legal practice generally.

David Hughes presenting "SALT Property Classification Issues for Telecoms" at Telestrategies Communications Taxation 2017May 11, 2017

David's presentation will focus on the distinction between real property and tangible personal property for purposes of taxing telecommunication companies. Telestrategies is the leading tax conference for telecommunication service providers. Click here to contact David and request a copy of the presentation. Why you should attend: Whether you are new to communications taxes and fees, or an industry veteran, the…

SALT Attorney David Hughes Presenting at ABA Section of Taxation, Washington, D.C.May 10, 2017

This ABA Section of Taxation meeting brings together the nation's leading tax practitioners to discuss current issues, topics and legislation. This three-day meeting will give you the resources and information you need on the latest developments, strategies and techniques to represent and meet the needs of your clients and take your practice to the next level. Attendees, speakers and guests…

Collectors in Conversation: Charles Mottier with Richard M. HorwoodMay 4, 2017

Asian Art Council, Art Institute of Chicago, May 4, 2017 Mr. Horwood is a partner in the Trusts and Estates Group of Horwood Marcus & Berk Chartered and advises collectors regarding key issues such as authentication; provenance; collection management; tax matters; disposition and charitable, museum, and family gifting. Mr. Mottier is a collector who, over the course of three decades,…

Collectors in Conversation: Charles Mottier and Richard M. Horwood, Asian Art Council, Art Institute of Chicago, May 4, 2017May 4, 2017

Mr. Horwood is a partner in the Trusts and Estates Group of Horwood Marcus & Berk Chartered and advises collectors regarding key issues such as authentication; provenance; collection management; tax matters; disposition and charitable, museum, and family gifting. Mr. Mottier is a collector who, over the course of three decades, acquired one of the most comprehensive collections of 20th-century Japanese…

The Best Laid Plans: Avoiding Administrative and Judicial Challenges, Chicago Bar Association, 5/3/17May 3, 2017

Two key takeaways from this presentation: The disclosure of information can be as useful of a risk management tool as any. A client who understands how a corporate fiduciary will interact with all parties will have a more positive experience.…

The Best Laid Plans: Avoiding Administrative and Judicial Challenges, Chicago Bar Association - 5/3/17May 3, 2017

Two key takeaways from this presentation: The disclosure of information can be as useful of a risk management tool as any. A client who understands how a corporate fiduciary will interact with all parties will have a more positive experience.…

Marilyn Wethekam Published in State Tax Notes "How Would Federal Tax Reform Affect States?"May 1, 2017

There are a number of federal tax reform proposals currently being discussed. The question is what impact these proposals will have on state taxes. Will the reforms result in a state windfall or a revenue loss? What are the administrative complexities that must be addressed? The devil is in the details!

Jordan Goodman & Marilyn Wethekam Present "State Income Tax Update - Year in Review" at the 2017 J. Nelson Young Tax InstituteApril 27, 2017

The J. Nelson Young Tax Institute is an annual professional program covering current state and federal tax problems and issues at the post-graduate level of knowledge. The program is designed for the practitioner who must frequently handle state and federal tax matters. Emphasis is placed on subjects that are new and current, including in-depth coverage of recent developments and problems…

David Hughes to present "Basics if Sales and Use Tax" at Sales Tax InstituteApril 27, 2017

The Basics of Sales and Use Tax is a boutique-style course designed for individuals working in financial or accounting corporate and consulting environments who handle sales and use tax for themselves or their clients. The 3-day course involves lecture, case studies and group discussion. All attendees have one-on-one access to the faculty members and can bring their specific questions and situations…

Jordan Goodman Quoted in State Tax Notes - March 2017April 10, 2017

"Speaking at the 2017 American Bar Association and Institute for Professionals in Taxation conference in New Orleans, Jordan Goodman of Horwood Marcus & Berk Chtd. asked fellow panelists whether taxpayers are required to follow 'unconstitutional' state laws, like those challenging the physical presence standard in Quill Corp. v. North Dakota."  Questions? Click here to contact Jordan Goodman. Jordan presented with:…

HMB's SALT Team Presents "State Tax Update" at the Dallas Chapter of the Tax Executives Institute (TEI)April 10, 2017

Marilyn Wethekam and Jordan Goodman will discuss recent state tax decisions and developments focusing on trends observed in the last 12 months. Tax Executives Institute is the preeminent international association of business executives responsible for the tax affairs of their employers. TEI has nearly 7,000 members who represent 2800 of the leading businesses in the United States, Canada, Europe and…

Marilyn Wethekam to Lecture "Enforcement and Settlement Issues" at Georgetown University Law Center LLM ProgramApril 6, 2017

Marilyn is a frequent lecturer at Georgetown University Law Center. In this class, students will discuss a number of topics related to the enforcement and collection of state taxes including determining and mitigating tax liabilities. This class is part of the State Tax Practice and Procedure Module in the Georgetown LLM Tax Program. Click here to contact Marilyn and learn more.…

Sales Tax Institute Interviews SALT Attorney David HughesApril 3, 2017

Sales Tax Institute is a training provider offering specialized sales and use tax education. David discussed the future of sales tax and what advice he would give to professionals getting started in sales tax. Read the full interview here.…

HMB SALT Attorneys Presenting at the COST Mid-West Regional State Tax Seminar - 4/13/17March 30, 2017

8:30 am - 9:00 am      Registration / Networking / Continental Breakfast 9:00 am - 3:15 pm      Seminar 12:30 pm - 1:45 pm     Lunch - What's New at the Wisconsin Department of Revenue Horwood Marcus & Berk is proud to sponsor and present at the upcoming COST Mid-West Regional State Tax Seminar. Attendees will network with local tax peers and leave…

David Hughes Webinar: Unclaimed Property in a Post Temple-Inland and 2016 RUUPA WorldMarch 28, 2017

Note: CPE and Illinois CLE credit are offered for this event. Please see below for more information. In recent years, states have been increasingly aggressive in the administration of unclaimed property laws. The Temple-Inland case represents the pinnacle of state aggression. The Revised Uniform Unclaimed Property Act of 2016 represents a potential legislative response to Temple-Inland.  Holders should be cognizant…

HMB's State and Local Tax Attorneys at the 2017 ABA/IPT Advanced Sales/Use Tax SeminarMarch 20, 2017

Are you attending the 2017 ABA/IPT Advanced Sales/Use Tax Seminar in New Orleans, LA? Visit one of our SALT attorneys' presentations: David Hughes: "Top 10 State Income Tax Cases" - 3/21/17 - 9:00 - 9:50 AM Jordan Goodman:  "Prompt vs. Goodman" - 3/21/17 - 11:00 - 11:50 AM Jordan Goodman: "The Annual Big Easy Brawl" - 3/21/17 - 1:45 -…

HMB's David Hughes is Presenting "Top 10 State Income Tax Cases" at the 2017 ABA/IPT Advanced Sales/Use Tax SeminarMarch 16, 2017

Burden of proof, unconstitutional discrimination, nonresident trusts, net operating losses; this fast paced session will address these issues and more as it covers ten of the most recent and significant income tax decisions in the SALT world. By attending this session, the participant will be able to: Identify recent and significant SALT income tax cases Recognize how these recent cases…

HMB's Jordan Goodman Presenting at the ABA/IPT Advanced Sales/Use Tax Seminar - 3/21/17February 24, 2017

Round Deux - SALT Heavyweight Championship - A Bayou Battle - Professor Richard D. Pomp enters the ring to face perennial underdog Jordan M. Goodman in a battle royale match on all matters SALT.  This never-ending battle of good versus evil in SALTdom will feature discussions of cases and evolving trends in the SALT world. By attending this session, the…

David Hughes Moderates Chicago Tax Club Panel Discussion Taxpayer Benefits To Consider When Using The Illinois Independent Tax TribunalFebruary 23, 2017

This session will present an overview of the Illinois Independent Tax Tribunal including its establishment, jurisdiction, procedures, decisions and potential changes.  The session will also address when the tax tribunal should be considered to resolve Illinois sales tax issues as well as best practices in anticipation of utilizing the tribunal. Click here to learn more about the Chicago Tax Club…

HMB's Marilyn Wethekam Presents "Do You Know Your Administrative Appeals Process?"February 21, 2017

This session will walk through specific states' administrative appeals process and costs compared to litigation. Learn which states have an administrative appeals process, how the process works, and what is required of the holder. Click here to request a copy of this presentation.…

HMB's Marilyn Wethekam Presents "State Federal Conformity Issues"February 20, 2017

Marilyn discusses the corporate income tax compliance complexities faced by multinational corporations that result from states decoupling from specific sections of the Internal Revenue Code including the consolidated return regulations.…

HMB's Jordan Goodman Presents "Debate Over Nexus for Sales/Use Taxes - Are We Headed Towards a New Frontier"February 17, 2017

Some states are challenging Quill's physical presence test by regulation, while others are challenging it with the express consent of the state's legislature.  A practicing attorney and a former state tax commissioner will debate these tactics and explore the constitutional issues and restrictions on extending the economic nexus concept to sales/use taxes.  During their debate, they will provide an analysis…

Ethics & Professional Responsibilities for Transaction Tax ProfessionalsFebruary 15, 2017

Council On State Taxation (COST) Sales Tax Conference & Audit Session San Antonio, TX - 3/1/17 Early Morning Ethics Coffee Talk: Ethics and Professional Responsibilities for Transaction Tax Professionals It's never too early to learn about ethics.  Come to this early morning session and be entertained by these speakers as they cover new and breaking ethical issues related to transactional…

Ethics And Professional Responsibilities for Transaction Tax ProfessionalsFebruary 15, 2017

Early Morning Ethics Coffee Talk: Ethics and Professional Responsibilities for Transaction Tax Professionals It's never too early to learn about ethics.  Come to this early morning session and be entertained by these speakers as they cover new and breaking ethical issues related to transactional taxes. Click here for more info and to register for this conference. Click here to contact Mailyn…

HMB's David Machemer Presents State Tax Challenges of Leasing Mobile Property at the Chicago Bar AssociationFebruary 13, 2017

On 2/13/17, David Machemer presented "State Tax Challenges of Leasing Mobile Property" at the Chicago Bar Association's Local Tax Committee meeting. David's presentation provided an overview of the leasing industry, with an emphasis on state tax issues and related challenges of leasing mobile property. As companies are leasing more and buying less, some lessors are stuck with an unexpected tax…

Aaron D. Werner to Present: Top Legal Risks & Solutions for Health Club Facility Owners and ManagersFebruary 6, 2017

Aaron D. Werner will be presenting "Top Legal Risks & Solutions for Health Club Facility Owners and Managers" at the 2017 International Health, Racquet & Sportsclub Association Trade Show in Los Angeles, California on March 9,2017. IHRSA is an international health and fitness organization and the Trade Show is the largest fitness conference in the world. In addition to his…

HMB's John Wiktor and Christin Handa are Published in Family Foundation Advisor's Jan/Feb 2017 IssueFebruary 1, 2017

Family Foundation Advisor is a publication of the Civic Research Institute, offering guidance for effective foundation management, development and grant-making. Family Foundation Advisor is devoted exclusively to helping family foundation administrators and their professional advisors. In How to Connect With the Next Generation of Philanthropists, John and Christin discuss the changing landscape of philanthropy with respect to millennials joining the…

HMB's Jordan Goodman Quoted in State Tax Notes from American Bar Association Annual Tax Meeting PresentationJanuary 20, 2017

Jordan Goodman was on a panel that analyzed the proposed changes to the federal tax system and the impact on the states. Mr. Goodman was quoted as stating "Change is good. Why? The base will be getting larger and the [proposed lower] rate doesn't affect them. This will give the states a windfall if the proposal hold up." Click here…

The Challenges of Leasing Mobile PropertyJanuary 12, 2017

David Machemer provides an overview of some of the technical tax issues that may be encountered when leasing vehicles used to transport persons or property in interstate commerce. Click here to read the full article…

HMB's 15th Annual State & Local Tax Summer Camp - 7/19/17January 6, 2017

Join us for our 15th Annual HMB Summer Camp!  A full-day conference presented exclusively to HMB's valued clients and invited guests.  Discover the latest issues, evaluate important updates and gain valuable insight from our seasoned professionals. Click here to request a PDF of the presentation. Agenda 8:00 - 8:30am - Registration & Continental Breakfast 8:30 - 8:45am - Welcome and…

HMB's Marilyn Wethekam Published in State Tax Notes "Board Sheds Light on Dark Horse Issues of 2017"January 2, 2017

Over the last several years, at least six states have adopted and several more have proposed some form of a factor presence standard for determining the jurisdiction to impose an income tax. At least two additional states have adopted the standard for other business taxes. The main focus of those proposals has been on determining whether such standards pass constitutional…

IL Shipping and Handling Regs Part 130.410 and 130.415 Second NoticeJanuary 22, 2016

SECOND NOTICE OF PROPOSED RULEMAKING 1)         Agency:  Illinois Department of Revenue 2)         Title and Ill. Adm. Code Citation of Proposed Rulemaking:  Retailers' Occupation Tax, 86 Ill. Adm. Code 130.410, 130.415 3)         Date, Issue, and page number of the Illinois Register in which the First Notice was published:  August 25, 2015, Issue 35, 39 Ill. Reg. 11865. 4)         Text and Location of any Changes Made…

HMB's David Ruskin Quoted in Tax Analysts about Illinois Qui Tam Suit Against WineriesSeptember 9, 2015

An Illinois court September 3 dismissed a suit against out-of-state wine sellers and held that a state liquor law did not require the sellers to collect local sales and use taxes. In Stephen B. Diamond PC v. 1-800-Flowers.com, an Illinois attorney filed a qui tam complaint in the Circuit Court of Cook County on behalf of the state alleging that a group…

Alvin H. Baum Family Fund Gives $1M to the University of Illinois at Urbana-ChampaignAugust 10, 2015

The Alvin H. Baum Family Fund, under the direction of the Fund's president Joel Friedman, has made a gift of $1,000,000 to the University of Illinois at Urbana-Champaign. This gift will endow the Baum Professor in Environmental Change and Sustainability. The University has made plans to conduct a national search for this Professor, who will act as the Director of the newly…

Illinois Appellate Court Holds Entities Must Be Represented By an Attorney At Administrative HearingsApril 25, 2014

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…

Commercial Lending and Equity Deal Terms for Middle Market Businesses, Spring 2014March 5, 2014

Spring 2014 The winter months were unusually cool in late 2013 and early 2014, and most middle market borrowers and lenders will likely concede that lending activity during those months was equally cool.  The optimism for robust deal flow in 2013 never materialized into actual results, even though most middle market lenders remained quite optimistic until the bitter end.  Spring,…

Commercial Lending and Equity Deal Terms for Middle Market Businesses, Fall 2013October 14, 2013

FALL 2013 Although the first half of 2013 was marred by stagnant activity within the middle market lending environment, senior lenders across the middle market seem quite optimistic about finishing the year with a bang.  While it is difficult for senior lenders to pinpoint the exact cause for their optimism, the recurring talking point has been that these senior lenders…

New Ordinance Strives to Protect Tenants, Burdens Banks and Note PurchasersJune 13, 2013

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…

City Seeks to Increase Revenue by Taxing Deed-in-Lieu TransactionsApril 25, 2013

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…

Mortgage Foreclosure Alert - Alternative Means to Sell Property Under Illinois Mortgage Foreclosure ActMarch 28, 2013

For many foreclosure sales, the typical sale process - selling the property at a court-ordered auction - is sufficient.  The result of most such sales is the bank "credit bidding" against its debt.  In certain cases, however, a traditional judicial auction may not be appropriate.  For example, the bank may not want to take title to the property or the…

Why and When a Sweetheart Will (or No Will at All) is Not EnoughAugust 31, 2012

Why and When a Sweetheart Will (or No Will at All) is Not Enough Young couples at the stage where they are having children and purchasing their first home may not realize that they need estate planning.   The assets a couple is likely to acquire in the early stages of building wealth, such as a home, retirement accounts and life…

Chicago Business Law Firm HMB Adds Four Corporate Partners, Significantly Expands Services in Banking, FinanceOctober 19, 2011

CHICAGO, September 13, 2011 - Four highly-experienced partners have joined the Chicago business law firm of Horwood Marcus & Berk Chartered (HMB), expanding the firm's service offerings in the areas of banking, finance, securities, restructuring and bankruptcy, as well as commercial litigation. The four most recently practiced in the Chicago office of a large Detroit-based law firm and prior to that the…

Investment Banker Customary FeesJune 14, 2010

In our previous two articles we walked you through the reasons to hire an investment banker for the sale of your middle market business (i.e. transaction valued between $25 million and $250 million) as well as typical terms for how the relationship will work. Now your attention turns to fees. Our experience is that terms vary among investment banking firms…

Investment Banking Customary TermsApril 14, 2010

In the first of our three part series we walked you through the process of deciding whether to hire an investment banker for your middle market business (i.e. transaction valued between $25 million and $250 million). So now that you have decided to sell your business, we will discuss customary investment banking terms in this article and will wrap up…

In Support of the Investment BankerDecember 14, 2009

So why do business owners want to hate investment bankers? Too often, it is based on cocktail party chatter. Have you ever heard, "the investment bankers added no value to the process? I already knew the buyer. We were competitors for years." Or, "the investment bankers wrote a nice book, but at the end of the day my lawyer and…

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