Focus: Collaborative Family Law

Collaborative Law is a process where attorneys and clients work together, prior to filing a matter in Court, to come to an acceptable resolution of their differences.  At the end of the process, the parties' attorneys file the action in Court and walk the properly drafted pleadings and orders to the Judge who will enter the Orders and finalize the matter.  The Collaborative Processstarts with understanding legal rights and positions, moves to information gathering and then moves to negotiation with the parties understanding that their goal is not to win but to come to a full and equitable settlement that comports with Illinois law.

How the process works:  Each party is represented by an attorney so that their legal rights can be fully explained and the client can fully understand what might happen if the parties were to fully litigate the matter in a contested trial.  The parties then work with a group of joint experts who will help the parties ascertain enough information for them to make informed decisions.  For example, financial planners may be a useful member of a collaborative team to explain to both parties what assets they have, where they have them, the tax consequences of distributing assets and the best way for both individuals to plan for the future.  Another useful member of a collaborative team may be a child counselor who can help the parties ascertain what their children need (as opposed to what their parents want).    The parties meet, with their attorneys (separately and together with the other party) and any necessary experts, for a series of conferences until they are able to fully settle all issues of contention.  The lawyers then draw up the papers and bring them before the Court.

Collaborative Practice is very well suited for family law where the parties need to understand exactly what they have, where they have it, what is considered "fair and equitable" in a divorce decree and settlement, and how the best interests of the children (if there are any) will be served in a divorce.  

A Collaborative Divorce is the solution for those who want to know their rights and full information before making their decisions, but want the end result to be fair and equitable without the stress of adversarial court processes.

Ann Pieper is a certified Collaborative Law practicioner.

Federal District Court Prevents the Implementation of FLSA Changes!

Federal District Court Prevents the Implementation of FLSA Changes!

A Federal District Court in Texas just issued an injunction prohibiting the United States Department of Labor from enacting its new rule increasing the salary base to be used for executive, administrative or professional employees to qualify as "exempt employees" under the Fair Labor Standards Act.  

Read More

Fair Labor Standards Act Changes . . . ARE YOU READY?

Fair Labor Standards Act Changes . . . ARE YOU READY?

The Department of Labor has raised the salary limit to qualify as an "exempt employee" under the Fair Labor Standards Act.  What this means is that the employer will likely have to pay more people overtime or pay a higher base wage to keep an employee's  "exempt" designation.  These three slide presentations, presented by William Loeffel and Ann Pieper at the Peoria Chamber of Commerce, help to guide businesses, non-profits, schools, and governmental entities in determining how to best comply with the DOL's requirements.

Read More

Kavanagh is Named to the 2016 Pro Bono Recognition Roster

The Illinois Public Interest Law Initiative named Kavanagh, Scully, Sudow, White & Frederick P.C. to the 2016 Pro Bono Recognition Roster which recognizes law firms in the State of Illinois who make pro bono legal representation in their community a priority.  We are proud to serve our community and make a difference.  

2016 Pro Bono
Recognition Roster

Congratulations to the law firms and corporations
whose outstanding pro bono contributions have earned them a place
on PILI’s 2016 Pro Bono Recognition Roster!

Baker & McKenzie LLP
Barack Ferrazzano Kirschbaum & Nagelberg LLP
Barnes & Thornburg LLP
Boodell & Domanskis, LLC
Brinks Gilson & Lione
Caterpillar
Charles River Associates
Deere & Company
Dentons US LLP
DLA Piper LLP (US)
Drinker Biddle & Reath LLP
Exelon
Faegre Baker Daniels LLP
Foley & Lardner LLP
Hinshaw & Culbertson LLP
Holland & Knight LLP
Jenner & Block LLP
Jones Day
JPMorgan Chase & Co.
Katten Muchin Rosenman LLP
Kavanagh, Scully, Sudow, White & Frederick P.C.
Kirkland & Ellis LLP
Lane & Waterman LLP
Latham & Watkins LLP
LexisNexis
Locke Lord LLP
Marshall Gerstein & Borun LLP
Mayer Brown LLP
McDermott Will & Emery LLP
McDonald’s Corporation
McGuireWoods LLP
Morgan, Lewis & Bockius LLP
Much Shelist, P.C.
Neal Gerber Eisenberg LLP
Nixon Peabody LLP
Paul Hastings LLP
Perkins Coie LLP
Quarles & Brady LLP
Reed Smith LLP
Ropes & Gray LLP
Schiff Hardin LLP
Schiller DuCanto & Fleck LLP
Seyfarth Shaw LLP
Sidley Austin LLP
United Airlines, Inc.
Winston & Strawn LLP

Classifying Employees Under the Illinois Minimum Wage Law

Classifying Employees Under the Illinois Minimum Wage Law

Recently, an uptick in cases filed by volunteers claiming violations under the Fair Labor Standards Act[i] (“FLSA”) has called attention to an active area of employment law. In the rapidly evolving domain of employment law, businesses and organizations alike need to exercise care in the classification of their support staff. In particular, it is essential to correctly determine whether individuals on your staff are employees or volunteers of your company. Noncompliance with current state and federal employment laws can expose employers to costly penalties[ii] and damaging litigation.

Read More

The Public Duty Rule Ends In Illinois

The Public Duty Rule Ends In Illinois
The decision terminating the public duty rule eliminates a legal argument that protected municipalities and other public entities; however, those public entities are still granted immunity from liability for all but willful and wanton misconduct by numerous acts such as the Local Governmental and Governmental Employees Tort Immunity Act.  
Read More

Phillip Lenzini Assists Librarians Statewide

Phillip Lenzini Assists Librarians Statewide

Legal consultant, Phil Lenzini is the principal contributor of the information contained in the Administrative Ready Reference, a valuable resource, used by public library administrators, board members and trustees to answer library administration and governance questions.

Read More