COMMERCIAL LANDLORD-TENANT – Part 2 – The Covenant of Quiet Enjoyment
This is Part 2 of a multi-part series of articles discussing the duties, rights and remedies of commercial real estate tenants in Illinois. Part 1, entitled “Getting It Right” discussed the importance of clarity in lease drafting, and the potential for…
Commercial Landlord-Tenant Issues – PART 1 – Getting it Right
In March 2015, the Illinois Institute for Continuing Legal Education (“IICLE”) published its 2015 Edition practice handbook entitled: Commercial Landlord-Tenant Practice. To provide best-practice guidance to all Illinois attorneys, IICLE recruits…
Illinois LLCs – The Asset Protection Advantage
Illinois LLCs – The Asset Protection Advantage A Technical Analysis Among sophisticated investors and other high-asset/high-net worth individuals and businesses, the topic of “asset protection” is bound to arise. As many became painfully aware during the…
STRATEGIES FOR ASSESSING COMMERCIAL TENANT CREDIT
GUEST BLOG BY DAVID RESNICK of ROBBINS, SALOMON & PATT, LTD. When considering a lease, tenants are usually focused on the location, size and quality of the leased space, and perform some minimal diligence on the landlord and property manager to…
Land Patent Defense is Frivolous, Sanctionable, and a Class 4 Felony in Illinois
The law is clear. The so-called “Land Patent” defense does NOT work. This is not earth shattering news, but it is a reminder that defenses to mortgage foreclosure actions must be well grounded in fact and warranted by existing law or a…
Dancing with Gorillas – Roulette – and CRE Litigation
The Time to Decide – Commercial Real Estate Litigation A sage once said, “The time to worry about where the ball will drop is before the wheel is spun”. He was speaking about roulette, of course, but the wisdom of these words has much broader…
REAFFIRMED: LLC Members Do NOT Have Interest in LLC Property
Court Reaffirms that LLC Members Are Separate From the LLC and DO NOT Have An Ownership Interest In The LLC’s Property. Therefore Member Can File Lien. Just a brief post regarding LLC Property: On September 3, 2013, the Illinois Appellate Court for the…
The “little known” Two-Year Rule for Employment Restrictive Covenants – Illinois
Employment Restrictive Covenants The issue of enforceability of employment restrictive covenants comes up often in business, including the business of commercial real estate. A common scenario is as follows: A person goes to work for a company and…