Section Newsletters

Articles From David F. Rolewick

Activities of the Attorney Registration & Disciplinary Commission By David F. Rolewick Business and Securities Law, June 2020 A look at the work the Illinois Attorney Registration & Disciplinary Commission is currently doing.
The slippery slope from professional conduct into misconduct in representing organization and their constituents in a slip-up By David F. Rolewick Business and Securities Law, March 2019 When an owner of a closely held business decides to separate her ownership from co-owners, she inevitably seeks advice from the business’s lawyer—a critical juncture in the lawyer’s professional life.
Is an Illinois resident’s inherited IRA protected from bankruptcy creditors? By David F. Rolewick & Justin J. Karubas Trusts and Estates, July 2013 There is a split in the circuits regarding whether or not inherited IRAs are protected from bankruptcy creditors. The Fifth Circuit has held that a Texas resident’s inherited IRA is protected from bankruptcy creditors. The Seventh Circuit has held that a Wisconsin resident’s inherited IRA is not protected from bankruptcy creditors. Both Wisconsin and Texas have not opted out of the bankruptcy exemptions. Therefore, federal bankruptcy exemptions apply.
Preserving the practice: Estate planning pitfalls for owners of a professional services firm By Aaron T. Troy & David F. Rolewick Trusts and Estates, May 2012 A brief summary of the possible problems associated with the death of a sole owner of a professional practice.
Case note: Mickman v. American International Processing, L.L.C. and LFF, L.L.C.Court of Chancery, Delaware Civil Action Case No.: 3869-VCP (April 1, 2009) By David F. Rolewick Business and Securities Law, December 2009 The Operating Agreement of a Delaware L.L.C. is not the conclusive evidence of Membership.
Asset protection skills and techniques: How well do Subchapter S Corporations and LLCs work? By David F. Rolewick Business and Securities Law, April 2009 A good business advisor or estate planning attorney should be discussing liability insurance coverage with her client before the discussion of off-shore trusts and at the beginning of the relationship or the inception of the business. 
Planning for business disputes and financial difficulties: Asset protection for shareholders By Robert C. Knuepfer & David F. Rolewick Business and Securities Law, June 2006 The topic of “Asset Protection” has become a “hot item” in estate and business planning literature in recent years, fueled by the failure of publicly traded companies, shareholder actions against officers and directors and S.E.C. actions against officers and directors of publicly traded companies as well as the ever present willingness of members of our society to blame others for their misfortune and to find attorneys willing to litigate the point.

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