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Andrew R. Schwartz
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How Will Coronavirus Affect Contractual Relationships and Obligations?

The coronavirus pandemic has disrupted practically every aspect of American life. Whether closed by government order or public safety concerns, millions of businesses around the country have come to a screeching halt.

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Tom Kanyock Shares Insights on Direct vs. Derivative Standing Issues

Tom Kanyock discussed direct vs. derivative standing issues in Illinois and Delaware during a presentation for the Chicago Bar Association’s Business Divorce and Complex Ownership Committee.

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Claims Against Benefit Plan Sponsors Grow More Sophisticated

Lawsuits against sponsors of retirement plans have been fairly common over the past decade. Typically, these claims involved relatively obvious violations, like excessive costs, negligent oversight and other types of blatant mismanagement.

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Fraudulent Transfer Questions Cast Doubt on Oxycontin Settlement

A tentative settlement involving Purdue Pharma, the maker of Oxycontin, received great fanfare in the media, with the company claiming that it will pay at least $10 billion “to address the opioid crisis.”

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Pension Intercept Requested for East St. Louis Firefighters’ Fund

For the third time since enactment of the Illinois pension intercept law, a municipal employee pension board seeks to have city monies redirected to replenish long-neglected funds.

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Understanding Creditors’ Options When Enforcing Judgments

Whether you’ve won a legal case, performed professional services or leased commercial property to a tenant, collecting the payment often proves to be the toughest part of the task.

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Fraudulent Intent Not Always Necessary to Unwind an Improper Transaction

Creditors may use Illinois’ Uniform Fraudulent Transfer Act (IUFTA) to recover funds improperly shifted by a debtor to a third party.

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Business Oppression Case Divides Family-Owned Construction Company

A major construction company with Illinois roots has demonstrated that serious “business oppression” conflicts can happen even in family-run businesses.

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Chicago Police and Fire Pension Trustees Seek to Intercept Funds

For years, local governments in Illinois have had trouble balancing their budgets. Several struggling local governments have either failed to make public pension fund contributions, or paid far less than what they owe.

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Employing the Confession of Judgment in Illinois

Confession-of-judgment clauses let creditors circumvent the normal judicial process and obtain a judgment. Promissory notes, guaranties and other contracts may include them. 

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