Monthly Archives: July 2011

Attorneys close two sophisticated, multi-million dollar real estate transactions

Steven L. Daniels

Joel M. Hurwitz

Robert J. Taylor





West Palm Beach Partner Steve Daniels recently closed two significant real estate transactions.  In the first transaction Steve represented the borrower in the $53.5 million refinancing of 17 separate properties in three different Florida counties that were secured by two mortgages and a mezzanine financing.   Assisting Steve in completing the transaction was West Palm Beach Paralegal Dana Walkup and Chicago Partner’s Joel Hurwitz and Robert Taylor . In addition to the real estate issues involved, there were 15 borrowing entities with multi-layered ownership that required a very complicated non-consolidation legal opinion.In the second transaction, Mr. Daniel’s  represented the lender in the consolidation and then bifurcation and loan assumption of two loans totaling $11.5 million secured by a golf and country club in Palm Beach County. It required consolidating two bank notes into one and then bifurcating them so that two bank loan participants could restructure their relationship as a first and second lender and then have both loans assumed by the purchaser of the Country Club’s assets.

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Mark Spognardi to chair ALI-ABA teleseminar on Wal-Mart Stores, Inc. v. Dukes decision

Mark A. Spognardi

Chicago Partner Mark Spognardi is the planning chair for tomorrow’s ALI-ABA teleseminar Wal-Mart Stores v. Dukes: Lessons and Insights for the Employment Lawyer. The one-hour seminar scheduled for 12 p.m. CST is geared to employment lawyers and will evaluate the sexual discrimination lawsuit, which was the largest civil rights class action suit in United States history. It charged Wal-Mart with discriminating against women in promotions, pay, and job assignments in violation of Title VII of the Civil Rights Act of 1964.  On June 20 the Supreme Court ruled in Wal-Mart’s favor on class action certification, saying the plaintiffs did not have enough in common to constitute a class.  To register or learn more, please click here.

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You May Think That All Non-Compete Agreements Are Unenforceable Under California Law, But You Would Be Wrong

Co-authored by Betsy Johnson* and Viktoria Lovei.

Contrary to popular perception, California law does not bar all restrictive covenants in the employment context. Rather, in certain very narrow circumstances (i.e., non-competes arising in connection with the sale or dissolution of certain businesses), non-competes are permissible under California law.

The General Prohibition of Non-Competes Under California Law

Under California Business and Professions Code § 16600, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” Cal. Bus. & Profs. Code § 16600 (2008). In Edwards v. Arthur Andersen LLP, 44 Cal.4th 937 (2008), the California Supreme Court confirmed the viability and breadth of section 16600 and expressly rejected a line of Ninth Circuit cases which had upheld sufficiently narrow restrictive covenants that only barred a party from pursuing a small or limited part of its business. Id. at 948-49. The California Supreme Court in Edwards held that “noncompetition agreements are invalid, even if narrowly drawn, unless they fall within the applicable statutory exceptions of section 16601, 16602, or 16602.5.” Id. at 955. These three exceptions are discussed below.

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ILN Today Post

Regulation & Compliance Update

PPS Update

By Jon Denovan of Gadens Lawyers, Sydney

Commencement of the Personal Property Security Register has been postponed until late October.  Find and claim is now available.  read more…


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CIRA Announces Implementation Date For New CDRP Policy and Rules

The Canadian Internet Registration Authority (CIRA), has announced that its revised Dispute Resolution Policy (CDRP) and Rules will take effect on August 22, 2011.  A summary of the changes is available on the CIRA website.


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Arnstein team secures important appellate court victory for our municipal client sued for alleged violation of Illinois School Codes

Hal R. Morris

Jenifer H. Caracciolo

Christina E. Lutz

Arthur L. Janura Jr.

Chicago Partners Hal Morris and Jenifer Caracciolo, Chicago Associate Christina Lutz, and Hoffman Estates Partner Arthur Janura secured an important victory from the Illinois Appellate Court. In that case, the families of five minor girls, all of whom are special needs students, sued the school where they attended, several teachers and administrators and two municipalities and their respective police officers for failing to prevent the girls from  being sexually assaulted over a period of months. By way of background, a municipality near our client municipality arrested a juvenile for aggravated sexual assault of a minor in a park.

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Partner Richard Rosenbaum adds thoughts on Casey Anthony trial, verdict in several publications

Richard L. Rosenbaum

Fort Lauderdale Partner Richard Rosenbaum was interviewed for a story on the recently concluded Casey Anthony murder trial in Orlando. Ms. Anthony was tried for murder in the death of her young daughter Caylee, but a jury found her not guilty. The July 5 article was picked up by the Associated Press and several media outlets including the St. Petersburg Times, ABC, and

To read the Associated Press story, please click here.

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Mark Miller attends 49th Congress of World Archery, reelected to Council of the World Archery Federation

Chicago Partner Mark Miller last week attended the 49th FITA Congress of World Archery,held July 1-2 in Turin, Italy.  He is currently the chair of its Constitution and Rules Committee and was reelected for another four year term as a member of its Council. The World Archery Federation, formerly FITA, is the international governing body of Olympic archery.  Mr. Miller  is a past president of USA Archery and has been the voting delegate for the United States in past sessions of the International Archery Congress.

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Robert E. McKenzie offers commentary in Dow Jones Adviser article on payroll tax cases

Robert E. McKenzie

Chicago Partner Robert E.  McKenzie was interviewed for the July 13 Dow Jones Adviser article, “IRS Gets Aggressive On Payroll Tax Cases.” In the article he comments about the Internal Revenue Service’s harsh tactics in the way it chooses who to penalize. To read the article in full, please click here.

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Partner Thomas White interviewed by Daily Finance regarding annuity benefits

Thomas M. White

Chicago Partner Thomas White was quoted in the July 6 Daily Finance article, “Are Annuities Right for Your Retirement?”. In the article he discussed 401(k) plan loans in correlation to annuities. To read the article in full, please click here.

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