Jaburg Wilk


  • What is an Appeal and Why Do I Need an Appeals Lawyer?

    By Kathi M. Sandweiss

    An appeal is a request for a higher court to review a lower court's decision. An appeals lawyer handles cases on appeal when a party loses or is unhappy with some part of the decision made by the lower court. The appeals court reviews the record made in the trial court. Nothing new can be added to the record; this is not the time to add new facts or evidence. The appeal is not a trial … Read More

    Categories: Appellate

  • Bankruptcy and Real Estate Lease

    Impact of Bankruptcy on a Real Estate Lease

    A bankruptcy filing by either a lessor or a lessee has the potential of severely disrupting the rights and obligations of the parties under that lease. This observation is neither surprising nor shocking, but bankruptcy's impact on a commercial lease relationship can be disconcerting and potentially very frustrating to a party or an attorney not aware of the bankruptcy … Read More

  • Want to Sell Stock in Your Business But Keep Control? Consider an ESOP

    In a closely held corporation, a time may come when the owner wants to sell stock in the company but still maintain control. This might occur, for example, when the owner plans to retire soon or simply seeks a way to raise capital. But an owner may be hard-pressed to find an outside investor. Selling stock to other shareholders may be an option, but in many cases the best way is to sell stock to employees through … Read More

    Categories: Business & Corporate, Article

  • Toxic Mold can Infect Your Bottom Line

    Toxic mold and asbestos have nothing in common from a biochemical viewpoint. But from a business perspective, they share one big thing. Both cause expensive legal problems for insurers, construction companies, property developers, building owners and managers, landlords, contractors and subcontractors, school districts, suppliers, investors, lenders and employers.

    Understand the Surge

    In the past few years, … Read More

    Categories: Insurance Litigation, Article

  • A Primer on Choice of Business Entity

    Types of Business Organizations

    When organizing a new business, one of the most important decisions to be made is choosing the structure of a business. Factors influencing your decision about your business organization include:

    Legal restrictions

    Liabilities assumed

    Type of business operation

    Earnings distribution

    Capital needs

    Number of employees

    Tax advantages or disadvantages

    Length of business … Read More

    Categories: Business & Corporate, Article

  • Answers to Top Business Issues

    As a business owner, you are under pressure to either maintain your existing base or expand your business. Increased sales, good employee relations, firm financial footing are all important components to your business' continued success and may take the majority of your time. Critical tasks, such as handling important legal matters may fall by the wayside. Building a strong legal foundation now will potentially … Read More

  • 10 Tips on How to Make Your Professional Business Partners Your Risk Manager

    For many business owners, the day to day focus of operating and growing your business takes precedence over everything else.  Minor issues are quickly forgotten and not addressed.  Sometimes this is harmless and other times, minor problems if they are ignored, fester and become major problems that can result in lawsuits or government intervention.  Using a team of professionals - such as your … Read More

    Categories: Business & Corporate, Article

  • A Legal Audit Can Prevent Costly Legal Problems

    Preventive medicine means visiting your doctor once a year or so for a checkup, even if you're not sick or injured. Preventive maintenance means taking your car to a mechanic for a tune-up every 15,000 miles, even if it seems to be running smoothly. And preventive law means doing something now instead of waiting until you get sued, fined or indicted. That something is conducting a legal audit to prevent disputes … Read More

    Categories: Business & Corporate, Article

  • Better Safe Than Sorry Always File UCC Termination Statements

    If you are negotiating a new business loan, you know that your due diligence investigation on the borrower should include a search of the Secretary of State's records* to confirm that the assets being pledged as collateral are "free and clear" and not subject to the security interest or other lien of another lender, lessor or other secured party.  A UCC lien search of the Secretary of State's records will … Read More

    Categories: Business & Corporate, Real Estate, Article

  • Letter of Intent - Prelude to Buying a Business

    Buying another business is one way you can enter new markets, acquire needed technology, subsume a competitor, integrate vertically or simply expand. A proposed transaction is often initially outlined in a letter of intent. This document broadly outlines the terms agreed on during preliminary negotiations and protects the deal during the last phases: due diligence, formal purchase offer and final negotiations. A … Read More

    Categories: Business & Corporate, Article