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2020 Articles

Activities of the Attorney Registration & Disciplinary Commission By David F. Rolewick June 2020 A look at the work the Illinois Attorney Registration & Disciplinary Commission is currently doing.
Advantage Marketing Group, Inc. v. Keane: Seek a Waiver or Resign Before You Transact and Sign By Prof. Charles W. Murdock & Barbara Meneses October 2020 When a shareholder in a closely held corporation becomes disaffected, it is not unusual that they take actions somewhat similar to those that the plaintiff pled the defendant took in Advantage Marketing Group, Inc. v. Keane.
Hospital and Other Property Tax Exemption Decisions Since Oswald v. Hamer By William A. Price January 2020 The Illinois Supreme Court's 2018 decision in Oswald v. Hamer upheld the constitutionality of section 15-86 of the Property Tax Code.
How to Assure a Successful Physician Practice Investment or Acquisition By Patricia S. Hofstra June 2020 As physician practices, health care entities, private equity, and venture capital firms consider physician practice investments and acquisitions, the players need to address the unique nature of physicians and physician practices in order to assure a successful deal.
The Illinois Appellate Court Provides Guidance on the Rights of Directors to Inspection of a Corporation’s Books & Records By Samuel Neschis June 2020 In Munroe-Diamond v. Munroe, the appellate court addressed the issue of the rights of directors of a corporation to inspect the corporation’s books and records.
Machnicki v. Kurowski: Mądry Polak Po Szkodzie—After the Damage, Comes the Wisdom By Prof. Charles W. Murdock & Anabel Abarca October 2020 In Machnicki v. Kurowski, the plaintiffs sought to partition real estate and ended up buying out the recalcitrant "partner" and getting hit with punitive damages and attorneys’ fees.
Saccameno v. Ocwen Loan Servicing, LLC: Punitive Damages Awarded When Business Ignores Its Own Database By Connor Q. Hollander & Prof. Charles W. Murdock June 2020 In Saccameno v. Ocwen Loan Servicing, LLC, the court affirmed a jury verdict of punitive damages for violating the Illinois Consumer Fraud and Deceptive Business Practices Act based on Illinois’ corporate complicity doctrine.
Supreme Court Holds SEC Has Disgorgement Authority, Within Certain Limits By John R. Schleppenbach October 2020 The U.S. Supreme Court recently affirmed the disgorgement power of the Securities and Exchange Commission in an 8-1 decision in June.
Tenth Circuit Affirms SEC Sanctions on Investment Advisor for Conflicts of Interest By John R. Schleppenbach January 2020 In Malouf v. Securities & Exchange Commission, the court affirmed the SEC’s finding that an investment advisor’s failure to disclose conflicts of interest or correct his firm’s statements denying the existence of such conflicts had violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act, and related rules.