Todd Jacobs

In a matter of first impression in Illinois, and reviewing case law across the country to determine the correct outcome on whether the validity of a mechanics lien is subject to arbitration, Justice Mitchell, writing for the Illinois Appellate Court, First District in Portage Park v. ALL Masonry, held that "[t]he issue on appeal is whether the circuit court erred by determining that the validity of a mechanic’s lien is subject to arbitration. For the reasons stated below, we hold that the circuit court did not err and affirm." The court distinguished between validity and enforcement of the lien, the latter of which is reserved to the circuit court as provided by the Mechanics Lien Act. The decision is below and Episode 208 of the Podium and Panel Podcast where Dan Cotter and I discussed the case on our new segment on arbitration is in the comments. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #arbitration

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Goldstein & McClintock LLLP Expansion, Hires, and Promotions — MediaContacts.co — National #Boutique Restructuring, #Finance #Amp #Corporate #Law #Firm Adds Offices, Litigation #Partner and #Management Committee Members CHICAGO, #June #26 #2024 Goldstein & McClintock LLLP, a boutique restructuring, finance & corporate law firm comprised of #top #professionals with decades of #experience at some of the nation's most prestigious law firms, announced: G&M's continued #growth buttresses our top-tier attorneys' ability to #focus their #attention on our #clients unencumbered by the conflicts and bureaucracy endemic to #large law firms. Regarding its #expansion and #promotions G&M Chairman #Harley #J Goldstein #said "We are #excited to continue the firm's growth with the hiring of Neha from Proskauer, Chris and Ainsley's promotion, and our expansion into the Boston and Charlotte markets. Our continued growth buttresses our top-tier attorneys' ability to focus their attention on our clients, unencumbered by the conflicts and bureaucracy endemic to large law firms." About Goldstein & McClintock LLLP: G&M is a boutique restructuring, finance & corporate law firm with 10 offices across the country, comprised of top professionals with decades of experience at some of the nation's most prestigious law firms. G&M attorneys represent a broad array of sophisticated clients in a wide variety of matters, and are unique in their ability to offer clients top-tier counsel combined with the affordability, accessibility, and individual attention of a boutique law practice. G&M prides itself on its ability to: ■ Offer Wall Street credentials at boutique prices ■ Provide the expertise and sophistication to handle multi‐billion dollar matters, but a level of service and price-point to efficiently manage middle-market engagements ■ Operate without the burden of the numerous conflicts that plague larger law firms ■ Embrace non‐traditional fee arrangements, allowing the firm to align its interests with those of its clients. For more information, please visit www.goldmclaw.com

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In his latest column for Detroit Legal News, firm partner A. Vince Colella discusses the paradox of limiting a business owner's duty to keep its customers safe. "Expanding the duty to protect customers beyond simply expediting the police will shift the economic burden back to the business owners, and in turn, make their establishments safer." Read the full piece here: https://lnkd.in/gtudXFq4

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An excellent result for our client yesterday before the Illinois Appellate Court, Fourth District. The court found that underinsured motorist coverage is not required to be included in a minimum limits personal lines automobile insurance policy. Glenn Klinger took the laboring oar on the briefing in trial court to get the question certified, to get the question accepted by the Appellate Court, and on the merits once the court accepted the question. The decision is below. My post on the oral argument is in the comments. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #insurance

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Goldstein & McClintock LLLP Expansion, Hires, and Promotions — PRBuzz.co — National #Boutique Restructuring, #Finance #Amp #Corporate #Law #Firm Adds Offices, Litigation #Partner and #Management Committee Members CHICAGO, #June #26 #2024 Goldstein & McClintock LLLP, a boutique restructuring, finance & corporate law firm comprised of #top #professionals with decades of #experience at some of the nation's most prestigious law firms, announced: G&M's continued #growth buttresses our top-tier attorneys' ability to #focus their #attention on our #clients unencumbered by the conflicts and bureaucracy endemic to #large law firms. Regarding its #expansion and #promotions G&M Chairman #Harley #J Goldstein #said "We are #excited to continue the firm's growth with the hiring of Neha from Proskauer, Chris and Ainsley's promotion, and our expansion into the Boston and Charlotte markets. Our continued growth buttresses our top-tier attorneys' ability to focus their attention on our clients, unencumbered by the conflicts and bureaucracy endemic to large law firms." About Goldstein & McClintock LLLP: G&M is a boutique restructuring, finance & corporate law firm with 10 offices across the country, comprised of top professionals with decades of experience at some of the nation's most prestigious law firms. G&M attorneys represent a broad array of sophisticated clients in a wide variety of matters, and are unique in their ability to offer clients top-tier counsel combined with the affordability, accessibility, and individual attention of a boutique law practice. G&M prides itself on its ability to: ■ Offer Wall Street credentials at boutique prices ■ Provide the expertise and sophistication to handle multi‐billion dollar matters, but a level of service and price-point to efficiently manage middle-market engagements ■ Operate without the burden of the numerous conflicts that plague larger law firms ■ Embrace non‐traditional fee arrangements, allowing the firm to align its interests with those of its clients. For more information, please visit www.goldmclaw.com

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Non-compete agreements have been in the news recently. And this week one was before the Illinois Appellate Court, Fifth District. In Davis v. Southern Illinois Hospital Services, the court will consider whether a letter from the employer purporting to prematurely terminate the agreement between it and a doctor was anticipatory repudiation excusing the doctor's performance or whether the parties' continued performance and the expiration of the agreement to its natural termination date. The court will also consider whether the circuit court correctly determined that the non-compete agreement that limited to the doctor to practice more than 25 miles and more than two years was unenforceable. The appellant contended that the court did not go through entire analysis of the three factors from the Illinois Supreme Court in Reliable Fire Equip. Co. v. Arredondo, 2011 IL 111871 that the agreement (1) is no greater than is required for the protection of a legitimate business interest of the employer-promisee; (2) does not impose undue hardship on the employee-promisor, and (3) is not injurious to the public. The Arredondo court set forth the holding as follows: "In sum, the legitimate business interest test is still a viable test to be employed as part of the threeprong rule of reason [test] to determine the enforceability of a restrictive covenant not to compete. However, the two-factor test created in Kolar, in which a near-permanent customer relationship and the employee’s acquisition of confidential information through his employment are determinative, is no longer valid. Rather, we adopt the position of Justice Hudson’s special concurrence [in the appellate court decision], which is: whether a legitimate business interest exists is based upon the totality of the circumstances of each individual case. Factors to be considered in this analysis include, but are not limited to, the near-permanence of customer relationships, the employee’s acquisition of confidential information through his employment, and time and place restrictions. No factor carries any more weight than the other, but rather its importance will depend on the specific facts and circumstances of the individual case." The oral argument is in the comments and my article with Jim Sipchen and James Gillingham is below. Dan Cotter and I will discuss the case on the next episode of the Podium and Panel Podcast that will be released today (4/28). Yes, yes, I know Arredondo is spelled wrong in the article. The article proves two things: 1) despite all the editing in the world things get missed and 2) I have written on a wide range of Illinois civil practice issues. #law #lawyers #appeals #attorneys #civilprocedure

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The Illinois Defense Counsel will host a hybrid seminar at Johnson & Bell on August 15 entitled "Developments Critical to Medical Malpractice Litigation." Recently case law regarding agency, forum non conveniens, jury questions under Rule 243, handling of questions from the jury during deliberations, and special interrogatories to the jury will be discussed by Joshua Vincent, Whitney Burkett, LaDonna Boeckman, Jill Eckhaus, Robert Larsen, Stacey Cischke, Hon. Kay Hanlon, (Ret.), and Greg Schiller. The registration link is in the comments. Regula 9(d) (2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #medicalmalpractice

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As discussed with Dan Cotter on Episode 204 of the Podium and Panel Podcast, the Illinois General Assembly has passed a bill and sent to the governor that will modify the Biometric Information Privacy Act and substantially ameliorating the damages that can be sought in future cases. However, it is unlikely that it will be applied retroactively (though it certainly should be) and the damage is likely already been done to Illinois businesses for a bill that from its outset was a solution in search of a problem. The bill is below and Episode 204 is in the comments. #law #lawyers #appeals #attorneys #civilprocedure

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CHICAGO, IL - June 25, 2024 - Sinars Slowikowski Tomaska LLC is pleased to announce a significant legal victory on behalf of an out-of-state defendant in a mesothelioma case. The firm successfully obtained a dismissal based on lack of personal jurisdiction for a client that allegedly sold asbestos-containing talc incorporated into cosmetic products purchased and used in Wisconsin. The case involved a Wisconsin plaintiff and a deceased individual, who allegedly suffered asbestos-related injuries in Wisconsin. The court found that the plaintiff failed to establish that the defendant purposefully availed itself of conducting activities within Wisconsin or that the defendant served the Wisconsin market, even indirectly. The ruling emphasized that the defendant did not regularly conduct business in Wisconsin, and therefore, exercising specific personal jurisdiction would not comply with due process requirements. This decision underscores the importance of jurisdictional boundaries in product liability cases and highlights the expertise of Sinars Slowikowski Tomaska LLC in defending clients against complex claims. For more information, please contact Amy Callaghan at Sinars Slowikowski Tomaska LLC: acallaghan@sinarslaw.com #sinarsslowikowskitomaska #legalnews #asbestoslaw

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An annual reminder of… Why is this personal injury and wrongful death law firm different from all other firms? Here are FOUR answers to that question: 1. Seeskin Law LLC chooses the path that serves each client best, no matter the case size or the time it takes to resolve, ensuring every client receives a positive experience and a fair shot at a great outcome.  (And the outcomes here are great.) 2. Money alone cannot make a broken human being whole, but when kindness, respect, an absence of judgment, and empathy inform every decision made on a client’s behalf, people can be made whole. 3. Honesty and transparency are essential to a respectful relationship, so Seeskin Law LLC provides clients with sound legal advice in addition to all the facts they need to make smart, informed decisions in their cases. 4. When someone calls Seeskin Law LLC about a case, they will be better off than they were before the call. www.seeskinlaw.com

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Constangy partner Laura Balson recently participated in a webinar hosted by #LaSalleNetwork on compliance with the new #Chicago Paid Leave and Paid Sick and Safe Leave Ordinance. Discover more details in the link below. #PaidLeave #EmploymentLaw

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The Illinois House of Representatives has approved SB2979, which amends the Illinois Biometric Information Privacy Act (BIPA). The amendment makes clear that for employment claims under BIPA, damages are limited to one violation per person -- so a plaintiff could not receive multiple damages for the same types of alleged violations. If signed into law, this means welcome clarity, and clear limits, to potential damages under BIPA. A (potential) win for employers. #biometrics#employmentlaw

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Spoliation of evidence has the potential to drastically impact your case. But not all situations are equal. Check out this Newsline authored by my colleagues!

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Burnout is real. Read more about how to recognize it and how you and your fellow attorneys can better deal with it in the latest from the Michigan Bar Journal.

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Supply chain contract law in Michigan is evolving at a rapid pace, with several new decisions building off of our work on the AirBoss case. We discuss the latest development in our blog post below. Bottom line: all suppliers should take a fresh look at their core contract documents (Supply Agreements, POs, Terms & Conditions, etc.) to ensure they pass legal muster.

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Owners lose everything when they sell. I had the pleasure of listening to Kenneth Haman at our EPI Chicago Chapter event yesterday as he spoke about the psychological experience of an owner selling their company. One way he put into perspective their emotional state is by describing everything they lost when they sold. Yes, along with selling usually comes a large windfall of cash. But why are so many owners miserable after selling? Why is the message advisors consistently share of their clients after selling is that they become the most difficult of clients? It's because they lose everything. Much of an owner's social life was tied to their business. For 10, 20, 30+ years, owners proudly walked the halls of their office and chatted with employees. They shared in birthday parties, milestone achievements, after-work socials. They golfed with customers and prospects. They dined with referral partners. Then they sold, and that whole side of their life vanished. They lost control. Consider the Boomers and how many owners in that generation worked long hours to achieve the American Dream. They were so wrapped up in their business that they didn't have the time to plan for life after selling. It's no wonder they're miserable after exiting. They've let go of such a large part of their life and haven't replaced it with something else worthwhile. As advisors, we must appreciate the emotional and mental state of our clients who are experiencing such a profound, transformative life event. Come out of your lane to broach this subject. Talk about life after the sale. Be vigilant in having owners plan for their next phase. Then - and only then - will we have done our jobs.

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Looking forward to sharing some stories about the Wild West of cryptocurrency litigation with my American friends at the INBLF Chicago fly in. Crypto cases can take many forms, but they are never dull. #law #litigation #cryptocurrency

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An article by our Associate Attorney, Thomas Connelly, was recently published in the Illinois State Bar Association's Tort Trends magazine.   In this piece, Tom discusses how Illinois' in-concert liability, though underdeveloped in case law, is a potent legal theory in personal injury cases, holding parties liable for substantially assisting a tortfeasor. This article explores the nuances of in-concert liability, illustrated by key examples. Read the full article here: https://shorturl.at/aHcbl

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