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We regret to inform you of the passing of Howard Bernstein, former partner at SWB

jschwartz@swbattorneys.com (Josh Schwartz) — Thu, 28 Mar 2024 14:31:07 GMT

It is with profound sadness that we announce the passing of our esteemed partner, colleague, mentor and friend Howard Bernstein. Howard was a consummate lawyer – gentle but forceful, a true mensch who served as the experienced and guiding voice for decades of family law practitioners. He will be missed but never forgotten!

Reasons to Retain a Divorce Lawyer

Wed, 28 Jun 2023 15:57:21 GMT

Divorce can be a complex and emotionally challenging process. To ensure that your rights are protected and that your interests are represented, it is crucial to seek the assistance of a divorce lawyer. Here are just a few reasons why retaining Schwartz Wolf & Bernstein LLP (SWB) to assist you in a divorce proceeding is suggested:

Expert Guidance : The attorneys at SWB will provide you with the expertise and knowledge to guide you through the entire process, ensuring you make informed decisions.
Objective Advice : During divorce proceedings, emotions can run high, clouding judgment and hindering rational decision-making. The attorneys at SWB will act as objective advisors, offering unbiased advice based on their legal expertise and experience.
Legal Advocacy : The attorneys at SWB will act as your legal advocate, representing your interests and negotiating on your behalf. We will ensure that your rights and entitlements are protected, whether it involves child related issues, division of assets, spousal support, or other pertinent matters.
Mediation and Settlement : In many cases, divorce proceedings involve negotiations and the potential for settlement agreements. The attorneys at SWB can help facilitate mediation between you and your spouse's counsel, working towards a fair and mutually beneficial resolution.
Child Related Issues : If children are involved, determining the allocation of parental responsibilities, parenting time, and child support can be highly contentious. The attorneys at SWB will advocate for your parental rights and work to secure an arrangement that serves the best interests of your children.
Financial Protection : Divorce often involves the division of assets and liabilities accumulated during the marriage. The attorneys at SWB will assess your financial situation, protect your interests during property division, and strive for an equitable distribution of marital assets.
Experience and Strategy : The attorneys at SWB possess extensive experience in handling divorce cases and are well-versed in developing effective strategies. We will assess your unique circumstances, craft a personalized legal approach, and work towards achieving the best possible outcome for your case.

Congratulations to the Attorneys of SWB!

jschwartz@swbattorneys.com (Josh Schwartz) — Wed, 07 Jun 2023 13:16:35 GMT

We are proud to announce that Marc K. Schwartz; Daniel Wolf; Joshua S. Schwartz; Jill Rappin; and Neta Nodelman were recognized by their peers and the Leading Lawyers network for their hard work and dedication to their clients. These honors not only acknowledge their individual accomplishments but also underscore SWB's commitment to providing exceptional legal services. We are immensely proud of our attorneys' achievements and will continue to foster an environment that encourages and supports their continued growth and success.

Congratulations to Managing Partner, Marc K. Schwartz, and Associate, Joshua S. Schwartz.

Wed, 06 Jan 2021 16:09:45 GMT

Schwartz Wolf & Bernstein LLP would like to congratulate Managing Partner, Marc K. Schwartz, and Associate, Joshua S. Schwartz on their recent recognition by their peers and the Leading Lawyers network. Marc was selected by his peers for this distinction in the Leading Lawyers category and Joshua was selected by his peers in the Emerging Lawyer category.

Video Message from Daniel Wolf

Mon, 11 May 2020 16:16:45 GMT

Dear Clients, Colleagues and Friends:

Over the last couple of months our lives have been upended. We have all been forced to make changes and sacrifices – some major and some minor, but all unfamiliar and unsettling.

Schwartz Wolf & Bernstein LLP is here, available and prepared to help guide you in these uncertain times. Please take a moment to click the attached link and watch the video by Daniel Wolf.

Be well and be safe.

SWB Attorneys Facebook Page (click here)

Video Message from Marc K. Schwartz

Sun, 26 Apr 2020 16:22:46 GMT

Dear Clients, Colleagues and Friends:

Over the last couple of months our lives have been upended. We have all been forced to make changes and sacrifices – some major and some minor, but all unfamiliar and unsettling.

Schwartz Wolf & Bernstein LLP is here, available and prepared to help guide you in these uncertain times. Please take a moment to click the attached link and watch the video by Marc K. Schwartz.

Be well and be safe.

SWB Attorneys Facebook Page (click here)

Covid-19 Information and Administrative Orders

Mon, 23 Mar 2020 16:30:48 GMT

Please see the attached links for information from Lake, Cook, Will, DuPage, and McHenry County.

https://www.19thcircuitcourt.state.il.us/2156/COVID-19-RELATED

https://www.cookcountyil.gov/service/information-covid-19

https://www.willcountyillinois.com/Coronavirus-Updates

https://www.dupageco.org/courts/

https://www.mchenrycountyil.gov/county-government/departments-a-i/health-department/covid-19-novel-coronavirus

Parenting Time during the Covid-19 Pandemic

Sun, 22 Mar 2020 16:33:40 GMT

There have been a lot of questions regarding whether divorced individuals, or parties going through a divorce or parentage process, can still see their children during the pendency of Governor Pritzker’s Covid-19 Executive Order 8 (Stay at Home Order). The Stay at Home Order issued on March 20, 2020 provides that the transfer of children pursuant to a court order is essential travel and allowed to occur.

Specifically, Paragraph 14(e) of the Stay at Home Order sets forth that “Essential Travel” shall include “travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.”

While this is an unprecedented time in our society, the ability of a child to see and continue to have parenting time with each parent is imperative and necessary. This is a fluid and ever changing issue so if there are concerns relating to immunocompromised children, parents, or other family members; one party exhibiting signs of sickness; a party residing with elderly individuals who are at a higher risk of infection; and countless other issues that cannot be expressed in this correspondence, please note that COMMUNICATION WITH THE OTHER PARENT IS IMPERATIVE AND MANDATORY. If there are extenuating circumstances which prohibit face to face parenting time, the use of FaceTime, video chat, or other technology is a good way to keep all parties in touch. Keep in mind that reasonableness and working together will very likely be looked upon in a positive manner if issues arise in court at a later date while the failure to be reasonable or work collaboratively will likely create a negative inference.

I have copied the link to Governor Pritzker’s “Stay at Home” Order so that you can review the Order at your convenience.

https://www2.illinois.gov/Documents/ExecOrders/2020/ExecutiveOrder-2020-10.pdf

Many Circuit Clerk offices are still functional, and the courts are allowing limited court activity, with some courts allowing appearance via technology. While courts may be open for emergency matters, please keep in mind that the bar is set incredibly high for what constitutes an emergency matter.

Please contact Schwartz Wolf & Bernstein LLP at 847.459.4999 for a consultation with respect to any family law issue that you may have. Our firm is still providing our suite of legal services despite working remotely. We are also offering virtual meetings via ZOOM if you would like to talk directly with an attorney in our office.

Stay safe!

Neta Nodelman will be joining SWB

Sun, 02 Feb 2020 16:49:00 GMT

SWB is excited to announce that Neta Nodelman will be joining our firm as an associate beginning February 5, 2020. Neta will be a great asset to our team and we look forward to working with her.

Associate Joshua S. Schwartz received the Avvo.com Client’s Choice Award 2019

Sun, 02 Feb 2020 16:45:45 GMT

Our associate Joshua S. Schwartz received the Avvo.com Client’s Choice Award 2019. We want to congratulate him upon the accomplishment!

Marc Schwartz (Partner) speaks at Special Needs Law Boot Camp

Tue, 12 Feb 2019 19:21:02 GMT

Congratulations to Marc Schwartz on his presentation at the Special Needs Law Boot Camp on February 12, 2019. Thank you to IICLE and Rubin Law.

JDRF Ron Santo Walk to Cure Diabetes 2014

Sun, 05 Oct 2014 19:28:33 GMT

Schwartz Wolf & Bernstein LLP proudly supports the Juvenile Diabetes Research Foundation! Members of the firm joined the community on October 5, 2014 for the annual JDRF Ron Santo Walk to Cure Diabetes. It was a great time for a great cause!

Can an Association Publish a List of Delinquent Owners?

Tue, 21 Jan 2014 19:58:41 GMT

An association client recently inquired whether the Board of Directors can publish a list of delinquent owners. The list would identify delinquent owners by name, address and the amount of the delinquency, and would be made available to other association owners. The idea is that adding an element of public embarrassment may serve as a deterrent to non-payment of assessments. While that might have the intended effect in some cases, the potential risks of publishing a delinquency list far outweigh the benefits.

Such a list would presumably draw no distinction between truly “deadbeat” owners who deliberately fail or refuse to pay assessments, and otherwise faithful owners who fall behind due to true and unavoidable hardships. Any attempt to draw that distinction by selectively choosing whose names appear on the delinquency list could actually exacerbate the problem by triggering claims of bad faith and breach of fiduciary duty by the individual board members. Moreover, depending on where and in whose hands the information ends up (e-mail and social media instantly remove all boundaries from the potential world of recipients), publication of a delinquency list may arguably violate certain federal and state statutes governing rights of privacy.

Even if such claims are ultimately defensible, there always remains the risk of liability – not to mention the potentially significant attorney fees and expenses involved in defending the claim. No less important is the bad blood that publication of a delinquency list could engender: neighborhood gossip, rumors, and embarrassment (often unwarranted) are all inherently toxic to the well-being of an association. An association’s bad reputation for unit owner relations can even have a negative effect on property values.

None of this means that owners must be kept in the dark about the financial affairs of the association. There are several legitimate avenues by which owners can be apprised about delinquencies. Both the Condominium Property Act and the Common Interest Community Association Act have provisions that allow owners to inspect, examine and copy the books and records of account for the association for a “proper purpose”. Additionally, any court filings related to the collection of delinquent accounts are public records and are available to anyone.

Actively publicizing delinquencies is not recommended. Diligent collection efforts and prompt turnover of delinquent accounts to the association’s attorney are always the best methods of achieving the association’s goal of minimizing delinquencies.

Illinois Makes it Tougher on Employers to Enforce Non-Compete Agreements

Sun, 15 Dec 2013 20:02:04 GMT

On June 24, 2013, the Illinois Appellate Court (First District) rendered a decision in the case of Fifield v. Premier Dealer Services, Inc. The decision is bad for employers, as it materially tightens Illinois law relating to the enforceability of non-compete and non-solicitation agreements.

The court held that newly hired, at-will employees who sign non-compete agreements must be employed for a minimum of two years before the non-compete becomes enforceable, unless the employer gives the new employee some additional form of compensation for the agreement (i.e., cash payment at signing, bonuses or raises).

In practice, this means that, until a new employee reaches the second anniversary of his employment, an employer cannot stop the employee from going to work for a competitor – even if the employee signed a non-compete agreement when hired. Moreover, the rule applies whether the employee is terminated or resigns.

Before the Fifield decision, Illinois courts held only that existing employees had to be employed for at least two years before an employer could require them to sign a non-compete agreement. The reasoning is that continued employment alone does not constitute adequate consideration for a non-compete unless the continued employment was for longer than than two years (absent some additional type of compensation like a bonus or promotion). There is now no difference between newly hired and existing employees when it comes to the two year requirement for enforcing non-compete and non-solicitation agreements in Illinois.

In light of the Fifield decision, employers may wish to review and reassess the terms of their non-compete and non-solicitation agreements, and to consider implementing a policy for payment of consideration to any new or existing employee asked to sign such an agreement.

Contact SWB to discuss minimizing the impact of this new law on your business.

Holiday Thoughts!

Mon, 25 Nov 2013 20:06:08 GMT

We hope that all of our friends and clients have a meaningful

Thanksgiving holiday and a Happy Hanukkah!!

Former Lake County Assistant State’s Attorney joins Schwartz Wolf & Bernstein LLP

Thu, 14 Nov 2013 20:09:05 GMT

Joshua S. Schwartz has joined the law firm of Schwartz Wolf & Bernstein LLP after spending four years as an Assistant State’s Attorney for Lake County, Illinois. As a member of the Traffic and Misdemeanor Division, Mr. Schwartz focused on violations of the Illinois Vehicle Code, including misdemeanor and felony Driving Under the Influence charges, along with all other misdemeanor violations of the Illinois Criminal Code. After rising through the ranks, he spent his remaining time at the Lake County State’s Attorney’s Office in the Domestic Violence Division where he successfully prosecuted individuals for Domestic Battery, Violations of Orders of Protection, and Interference with Visitation. During his tenure at the Lake County State’s Attorney’s Office, Mr. Schwartz tried countless misdemeanor and felony Jury Trials, Bench Trials, Motions to Quash Arrest and Suppress Evidence, and Statutory Summary Suspension hearings.

Mr. Schwartz looks forward to contributing to the legal success of his clients and colleagues at Schwartz Wolf & Bernstein LLP. The firm provides an excellent platform for him to transition into a criminal defense practitioner, as well as assist with the existing civil trial practice of Schwartz Wolf & Bernstein LLP.

http://iln.isba.org/blog/2013/08/02/joshua-s-schwartz-joins-schwartz-wolf-bernstein-llp

Problems and Solutions for Guardians of Disabled Adults in Addressing Court Support and Visitation Orders

Mon, 11 Nov 2013 20:16:55 GMT

“Problems and Solutions for Guardians of Disabled Adults in Addressing Court Support and Visitation Orders” , The Docket – Journal of the Lake County Bar Association, Vol. 18, No. 1, January 2011.

Marc K. Schwartz, founder of Schwartz Wolf & Bernstein LLP, is a highly regarded attorney who focuses on representing clients in Domestic Relations and Family Law disputes throughout Northern Illinois. The article linked above, authored by Marc K. Schwartz and Staci Balbirer, deals with the complexities of the guardianship of disabled adults and how to properly draft and resolve court support and visitation orders.

The Difficulty in Understanding and Applying Section 5/513(a)(1) of the IMDMA

Mon, 11 Nov 2013 20:13:06 GMT

“The Difficulty in Understanding and Applying Section 5/513(a)(1) of the IMDMA” , The Docket – Journal of the Lake County Bar Association, Vol. 20, No. 7, July 2013

Marc K. Schwartz, founder of Schwartz Wolf & Bernstein LLP, is a highly regarded attorney who focuses on representing clients in Domestic Relations and Family Law disputes throughout Northern Illinois. The article linked above, authored by Marc K. Schwartz and Staci Balbirer, deals with the complexities of the Illinois Marriage and Dissolution of Marriage Act and how to properly calculate support for a disabled child.