May is National Elder Law Month—an excellent opportunity for elder law attorneys to educate and advocate for older and disabled persons and their families. Elder Law attorneys handle a wide range of legal matters affecting elderly or disabled people, including issues related to healthcare, long-term care planning, guardianship, retirement, Social Security and so many other important matters.

Elder law attorneys address issues facing our aging population and individuals with disabilities, many of whom are unable to speak for themselves. Elder law attorneys are trained and have the sensitivities needed to help their clients find a sense of peace during life-altering moments of crisis, such as losing a loved one, being faced with unforeseen health problems, experiencing family strife or planning for expensive long-term care.

Chuhak & Tecson is pleased to acknowledge two experienced Certified Elder Law Attorneys (CELA), Mallory Moreno and Christine Barone, who focus their practices in adult guardianships, both contested and non-contested, estate and trust administration and litigation, including financial exploitation, will and trust matters, fiduciary disputes, issues of capacity, powers of attorneys, undue influence, financial exploitation and fraud. A large portion of their practices is also dedicated to long-term care planning, Medicaid, Medicaid appeals, estate planning, special needs planning and disability law. According to the National Elder Law Foundation, there are only 17 CELAs in Illinois currently.

“We are living in an unprecedented time,” said Mallory Moreno, principal at Chuhak & Tecson and a Certified Elder Law Attorney. “For the first time in U.S. history, it is projected that by 2034 the number of individuals age 65 and older will outnumber individuals ages 18 and younger. This means that it is more important than ever to consider all that elder law provides to an ever-aging population, from estate planning, disability planning, long-term care needs, Medicare, retirement and Social Security, to crisis and postmortem planning. Elder law helps to protect and meet the needs of countless individuals as they navigate through their golden years.”

Can an elder law attorney provide you with guidance and support on any of the above concerns? Please contact one of our skilled and knowledgeable elder law attorneys, Mallory Moreno or Christine Barone.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.

Chuhak & Tecson, P.C. is pleased to congratulate the members of our Banking practice group on 20 successful years of providing responsive and resourceful legal services to our banking, private equity, hedge fund, fintech and many other firms. Our Banking group represents numerous banks and other financial institutions in a variety of lending and loan workout and restructuring activities. The group also assists our business clients with a wide range of financing requirements.

The 20th anniversary celebrates our attorneys’ extensive experience and knowledge of addressing the challenging issues of middle-market lending, collections of credit and asset collateral and protections. Whether drafting or reviewing complex documents or determining effective strategies in handling a workout or necessary litigation, for two decades our Banking attorneys have provided the know-how necessary to handle all stages in the life of a credit transaction – from origination to disposition.

“It’s amazing,” said Ed Burke. “It’s been 20 years of fantastic growth. I could not be prouder of our attorneys who have grown up with me here at the firm as well as many of our clients, most of whom we now consider friends.”

Josh Hyman, former principal at the firm, along with Jim Gottlieb, former principal and current of counsel, started the Banking practice 20 years ago. In 2004, Burke was the first associate hired in the group after which Cisco Connell joined as an associate. During the Great Recession, the Banking group exploded in size due to pressures in the real estate markets. This resulted in the group adding a number of new clients and becoming a national practice in Chapter 11 bankruptcy, SBA and conventional workout matters. In 2012, Adam Moreland joined the firm, focusing on commercial lending transactions and, at that point, the Banking group became a full service, litigation and transactional team. Today, the group continues to represent more than 100 financial institutions ranging from small community banks to the largest financial institutions in the country.

As clichés go, spring always seems to be linked to a fresh start. So, I apologize for taking such an over-used path. But, when it comes to the Banking group, we are in the midst of several new beginnings and so I could not help myself.

Among the new beginnings, as we celebrate our group’s 20-year anniversary, I am pleased to say that I have assumed the role of practice group leader from my long-time colleague, Cisco Connell. As some of you are aware, Cisco is leaving the firm at the end of May to start a new position as chief legal counsel at one of the group’s private equity clients.

Cisco has been an outstanding leader for the group and within the firm. While we are sad to see him leave, we certainly look forward to continuing to work with him from the other side of the table. As an 18-year member of the Banking group and its first associate, I am excited to take over the role of practice group leader and to continue working with so many long-standing clients. Many of our clients have actually grown up with our group and me; it actually seems that we all started in the banking industry together.

Also, something new and exciting for our firm, Lindsey Paige Markus, principal and leader of our estate planning group, has written a book, “A Gift for the Future.” Lindsey has done an outstanding job of taking an often overwhelming and confusing topic that nobody wants to discuss and distilling it into an easy to follow format with roadmaps for people at all different stages of their lives.

As we continue to emerge from Covid and move towards summer, our plans are to make sure that we re-connect with our clients in-person, whether it be through a presentation or, better yet, over lunch, drinks, at a game or on a golf course. We also want to make sure that our clients will meet some of our group’s newest members, who have just arrived or will be coming on board shortly. We are thrilled to be adding such strong attorneys to the team, especially as 2022 continues to be quite active in both the workout and front-end areas of our group.

Along those lines and as always, we appreciate the opportunity to work with our clients and continue to be a resource as we move from April showers to May flowers (sorry!).

This said, we wish Cisco continued success in his new endeavor and are grateful for all the years he gave us, as he has surely left his mark. My sincere congratulations to our entire Banking Team—attorneys, paralegals, staff—for 20 great years! And Chuhak & Tecson—thank you. As the entire firm also celebrates its own milestone in 2022—35 years!—the Banking Team appreciates your continued stewardship. It allows me to say to our clients, with confidence, that we are Right there with you.

Client Alert authored by Edmond M. Burke (312 855 4352), Principal.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.

Mallory Moreno, principal at Chuhak & Tecson, P.C., will present a program titled “The 5Ws of Special Needs Planning: Who? What? When? Where? Why? (and How?)” on Thursday, April 14, 2022, to the employees of Astellas Pharma US, Inc., an affiliate of Tokyo-based Astellas Pharma, Inc. The program will be held via Zoom.

The presentation is hosted by the Astellas US Disabilities and Special Needs Employee Resource Group. Attendees will learn about some of the basics of special needs planning. Moreno will discuss the importance of powers of attorney and how these tools can be used for multiple planning purposes. She will also discuss guardianships, special needs trusts, means-tested benefits, such as Medicaid and SSI, and explore ABLE Accounts. The presentation will offer some of the planning tools and resources available for individuals with disabilities, including what family members or loved ones may want to consider and what individuals with disabilities themselves might be able to explore.

Moreno focuses her practice on adult guardianships, both contested and non-contested, estate and trust administration and litigation, including financial exploitation, will and trust contests, fiduciary disputes, issues of capacity, powers of attorneys, undue influence, financial exploitation, citations and fraud. A significant portion of her practice is dedicated to long-term care planning, Medicaid, Medicaid appeals, estate planning, special needs planning and disability law.

Moreno is a Certified Elder Law Attorney (CELA), an exclusive honor bestowed on a select group of attorneys by the National Elder Law Foundation. As of 2021, there are only 17 CELAs in Illinois providing creative solutions to elder law issues. Moreno also serves as president-elect for IL NAELA and chairs several of its committees. She is a frequent faculty speaker for the Illinois Institute for Continuing Legal Education (IICLE) as well as other organizations.

This program is not open to the public. For more information on this topic or to inquire about Ms. Moreno’s availability to speak at your organization, please contact her at mmoreno@chuhak.com.

Loretto Kennedy, principal and co-general counsel, and Mallory Moreno, principal, at Chuhak & Tecson, P.C., will participate in a panel as part of the Women Lead WITH Illinois Law 2022 Summit, a conference and workshop sponsored by the University of Illinois College of Law on Friday, April 8, 2022, from 8:30 a.m. to 4:00 p.m. This program will be held via Zoom.

This is the 4th annual summit which will feature inspiring stories from women of all ages and backgrounds, discussions on how they have navigated their careers paths, advice on building a sense of empowerment and provide networking opportunities through virtual conversations.

Kennedy will participate in a panel discussion titled “We’re worth it! Leadership and Collaboration in the Workplace.” Moreno will be a panelist in a discussion titled “Deal with it! Your future, your finances and your estate.”

Kennedy represents a diverse group of clients, including product manufacturers, retailers, contractors, start-ups, non-profits and local public entities. She provides counsel on a broad range of matters, including contract, aviation, products liability and coverage disputes at both the trial and appellate levels.

Moreno focuses her practice on adult guardianships, both contested and non-contested, estate and trust administration and litigation, including financial exploitation, will and trust contests, fiduciary disputes, issues of capacity, powers of attorneys, undue influence, financial exploitation, citations and fraud. A significant portion of her practice is dedicated to long-term care planning, Medicaid, Medicaid appeals, estate planning, special needs planning and disability law.

For more information, please contact Heather Ball, Director of Events & Alumni Programming for the University of Illinois College of Law at hball@illinois.edu. To register to attend, click here.

Chuhak & Tecson, P.C. is excited to announce that the firm has moved to a new location effective April 1, 2022. The new office space at 120 S. Riverside Plaza, suite 1700, Chicago, near Union Station between Adams and Monroe, now brings everyone together on one floor and provides more efficient and productive access to collaborate with each other and with our clients.

In keeping with the firm’s focus of One Space … One Culture … One Firm, the new office fosters a better fit for the firm’s culture of dynamic and ever improving and mutual mentoring, coaching, training and teamwork among attorneys, paralegals and staff as well as continuing to further enrich client service. The new space is designed with employees and clients in mind. It offers contemporary visual appeal, but more importantly, better workspace designs, improved physical workflows and inviting meeting spaces.

“We are so excited that our two and one half year process is finally coming to fruition, as we move into new space that we were able to design and build from scratch,” said Mitchell D. Weinstein, president and a member of the firm’s Space Lead Team. “We are anxious to bring everyone together on one floor for the first time in a very long time.”
Weinstein continued, “From the time we decided to move, we sought to design and build space that would provide amenities and benefits for our staff and clients. The new space provides more natural light to interior spaces and adds state-of-the-art technology to our conference rooms — something we have lacked in our current space. We even designed a family room for clients who bring young ones to their will signings, which is unique. We are returning to the office more regularly these days, as the pandemic restrictions have lessened, and as we adapt to a hybrid work environment, this new space encourages togetherness and collaboration. We look forward to seeing everyone enjoy this space, and, when appropriate, invite clients and colleagues to see it as well.”

One of the most important aspects of the firm is the value it stresses on inclusiveness, as it strives to be a place where everyone, regardless of their role or their contributions, can feel equally involved and supported in all areas. A smaller footprint allows for enhanced access and interaction — and thus more touchpoints — so that everyone can feel a more heightened sense of belonging that encourages them to do their best work and reach their potential.

The firm is concentrating on its environmental impact, especially the furthering of a paper-light direction, limiting filing space and changing related storage processes. It is also using this project to support minority- and women-owned businesses in the community. To date, the firm has directed more than 33% of its construction dollars to such businesses and has requested and worked with diverse teams from other vendors while actively encouraging non-minority or non-women-owned businesses to hire diverse work crews.

For additional information on Chuhak & Tecson’s new offices, contact Michelle Schadler, chief operating officer, at mschadler@chuhak.com.

CHICAGO – March 24, 2022 – Chuhak & Tecson, P.C. is pleased to announce that Stephen A. Wood, principal at the firm, has obtained a defense verdict on behalf of Sun Chemical Corporation in the case of Martin G. Ford v. Acuity, et al., No. 2015 L 7584 pending in the Circuit Court Cook County, Illinois on March 21, 2022 after a four-week jury trial.

The plaintiff, a pressman with a 28-year work history, contracted acute myelogenous leukemia that he alleged was caused by exposure to benzene in Sun Chemical’s products. In the original complaint, the plaintiff named 22 defendants in addition to Sun Chemical. However, by the time of trial, all the other defendants had been dismissed; several pursuant to settlement with the plaintiff.

In the closing argument, the plaintiff’s counsel asked the jury for a total of $16.3 million in compensatory damages. The jury took approximately two hours to return a unanimous verdict in Sun Chemical’s favor indicating that the liability determination was not a close call. In discussions after the verdict, several jurors indicated that cross-examination of the plaintiff’s experts’ exposure and causation opinions, exposing the subjective bases and flawed assumptions, was central to their decision.

“In closing argument, we highlighted the flaws in the plaintiff’s exposure expert’s methods to reinforce the point that many of his conclusions were not reasonably supported by the data he relied upon,” Mr. Wood explained.

If you have questions regarding this case or have a litigation matter you would like to discuss, please contact Mr. Wood at swood@chuhak.com.

Mallory Moreno, principal at Chuhak & Tecson, P.C., will present Medicaid Planning Tools in Guardianship for the Probate Practice Committee of the Chicago Bar Association (CBA) next Tuesday, March 15, from 12:15 to 1:30 p.m. This will be held via Zoom.

Moreno focuses her practice on adult guardianships, both contested and non-contested, estate and trust administration and litigation, including financial exploitation, will and trust contests, fiduciary disputes, issues of capacity, powers of attorneys, undue influence, financial exploitation, citations and fraud. A significant portion of her practice is dedicated to long-term care planning, Medicaid, Medicaid appeals, estate planning, special needs planning and disability law.

Moreno is a Certified Elder Law Attorney (CELA), an exclusive honor bestowed on a select group of attorneys by the National Elder Law Foundation. As of 2021, there are only 17 CELAs in Illinois providing creative solutions to elder law issues. Moreno also serves as president for IL NAELA and chairs several of its committees. She is a frequent faculty speaker for the Illinois Institute for Continuing Legal Education (IICLE) as well as other organizations and serves as co-chair of the Young Lawyers’ section of the Chicago Bar Association’s Serving our Seniors Committee.

The Chicago Bar Association is one of the oldest and most active metropolitan bar associations in the United States. The association’s voluntary membership of 17,000 consists largely of lawyers and judges from Cook County and the State of Illinois. The purposes and objectives of the association are to establish and maintain the honor and dignity of the profession of the law and to promote the general welfare by sponsoring and supporting continuing legal education programs (CLE) covering new developments in all fields of law. The CBA also cultivates social relationships among its members and increases the usefulness of the legal profession in promoting the due administration of justice and the public good.

This program is approved for of Continuing Legal Education credits. To register, please click here.

Chuhak & Tecson is pleased to announce the firm’s attorneys who have been named Leading Lawyers and Emerging Lawyers for 2022. The following attorneys have been selected as Illinois Leading Lawyers.

John P. Adams
Mark J. Altschul
Adam K. Beattie
David J. Bloomberg
Steven P. Bloomberg
Mark E. Broaddus
Edmond M. Burke
Kevin M. Coyne
Michael W. Debre
William F. DeYoung
Phyllis K. Fasel
Barry A. Feinberg
David J. Feinberg
Mitchell S. Feinberg
Brandon R. Freud
Daniel J. Fumagalli
James B. Gottlieb
Ryan A. Haas
Terrell J. Isselhard
Edwin I. Josephson
Arnold E. Karolewski
Loretto M. Kennedy
Lindsey Paige Markus
Adam Moreland
Donald J. Russ, Jr.
David B. Shiner
Andrew P. Tecson
David J. Tecson
Molly A. Ward
Mitchell D. Weinstein
Anne M. Wolniakowski
Stephen A. Wood

Illinois Emerging Lawyers for 2022 are:

Kimberly T. Boike
Julie F. Gardner
Andrew Luczak Glubisz
Christina M. Mermigas

Leading Lawyers are recommended by their peers in their areas of practice. Less than 5% of all lawyers licensed in Illinois have received the distinction of Leading Lawyer. Lawyers cannot buy their way onto the List of Leading Lawyers. The list of Leading Lawyers is the result of surveys mailed to all lawyers in the state of Illinois. The survey asks which of their peers they believe comprise the top lawyers within their respective region and/or area(s) of law. Only those lawyers who are most often recommended, and later approved by our advisory board, are selected as Leading Lawyers.

Emerging Lawyers are those recognized by their peers who are 40 years old or younger and have practices for no more than 10 years or less. Only 2% of all licensed lawyers in Illinois received the recognition of Emerging Lawyer.

Chuhak & Tecson congratulates its Leading and Emerging Lawyers for 2022.

Chuhak & Tecson is pleased to announce the firm’s attorneys who have been named Super Lawyers and Rising Stars for 2022. The following attorneys and their respective practice areas selected as Illinois Super Lawyers are:

Mitchell S. Feinberg* Estate & Trust Litigation
Lindsey Paige Markus Estate & Probate
David B. Shiner Tax

Illinois Rising Stars for 2022 are:

Kimberly T. Boike Healthcare
Julie F. Gardner Estate & Probate
Christina M. Mermigas Estate & Probate
Mallory A. Moreno Elder Law

* Denotes a Super Lawyer for 10 years or longer

Super Lawyers is a rating service of premier lawyers from more than 70 practice areas who have attained a notable degree of peer recognition and professional achievement. Super Lawyers provides a patented selection process that includes research, peer nominations and peer evaluations. Lawyers are selected from all 50 states and Washington, D.C.

According to the Super Lawyers, each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Super Lawyers recognizes no more than 5% of attorneys in each state; Rising Stars recognizes no more than 2.5 % or 10 years or less. Selections are made on an annual, state-by-state basis.

Chuhak & Tecson congratulates its Super Lawyers and Rising Stars for 2022.