IMMIGRATION LAW

The LAWIN ASSOCIATES Team has had tremendous success with nonimmigrant petitions, applications for permanent residence and citizenship applications. We have represented dozens of prestigious public and private universities throughout the US with very complex immigration matters and helped thousands of international students, scholars, physicians, researchers and professionals become permanent residents of the US. We also provide personalized immigration services to professional athletes, coaches and their families for applications for permanent residence and US citizenship.

Our Team has extensive experience with complex immigration matters, including:

• Employment-Based Permanent Residence
• EB-1 category petitions: Extraordinary Ability, Outstanding Professor or Researcher, Multinational Executives and Managers
• EB-2 category petitions: National Interest Waiver, Advanced Degree Professionals and Schedule A, Group II petitions
• EB-3 category petitions: Professional and Skilled Workers
• EB-5 category petitions: Immigrant Investor/Entrepreneur
• Labor Certification (PERM Professional and PERM Optional Special Recruitment for faculty members
• Nonimmigrant Status/Visas (i.e., E-3, H-1B, H-2B, J-1 (including waiver of foreign residence requirement), K, L-1A, L-1B, O-1, P-1, R-1)
• F-1 Status/Visas (i.e., OPT, CPT, change of status)
• NAFTA-TN Professionals (Border and Service Center Applications)
• Physicians and healthcare professionals
• Family-based Permanent Residence
• Citizenship Applications (USCIS and Department of State)
• Consular Processing
• I-9 self-audits
• Immigration processes and procedures audits
• Prevailing wage disputes with State Workforce Agencies (“SWA”) and United States Department of Labor (“DOL”)
• Visitor Visas (B-1, B-2, VWP)/Honoraria Issues
• Social Security and Driver’s License Issues
• Spousal Work Eligibility Issues (e.g., TD, L-2, H-4, J-2)
• Hiring and employment policies and procedures
• Estate and Tax Planning

Our firm can obtain translation services and/or interpreters for most languages, if requested.

EMPLOYMENT LAW

We represent management, in state and federal courts, before the EEOC and the Illinois Department of Human Rights, and in private arbitrations, in all types of employment-related litigation with an emphasis on the following areas:

Employment Arbitrations & Litigation Types

• COBRA (Consolidated Omnibus Budget Reconciliation Act)
• Titles VI, VII and IX
• Retaliatory Discharge
• Sexual Harassment
• Racial, Religious and National Origin Discrimination
• ADA (Americans with Disabilities Act)
• ADEA (Age Discrimination in Employment Act)
• FMLA (Family Medical Leave Act)
• FERPA (Family Educational Rights and Privacy Act)
• ERISA (Employee Retirement Income Security Act)
• FLSA (Fair Labor Standards Act)
• Illinois Wage Payment and Collection Act

Our attorneys also counsel and advise both employers and employees regarding Employment Contracts and Employee Handbooks.

REAL ESTATE

Buying a house is one of the biggest investments most people make. Hiring an experienced real estate attorney from the LAWIN ASSOCIATES, can make a big difference in how smoothly your residential real estate transaction goes.  The LAWIN ASSOCIATES represents buyers and sellers of residential real estate  the globe.

For Sellers of Residential Real Estate we provide the following services and representation:

• Review the purchase agreement and draft the Real Estate Contract;
• Preparation of the closing documents, including the deed, settlement sheet, and P-Tax Form;
• Order the title insurance commitment, ordering a survey (if applicable);
• Obtain a mortgage payoff letter from your lender (if representing the seller);
• Schedule the closing;
• Communicate  extensions of any contingency periods that may be required;
• Represent Seller at the real estate closing

For Buyers of Residential Real Estate, we provide the following services and representation:

• Review of the Purchase Agreement and/or Real Estate Sales Contract;
• Review of the seller’s Residential Disclosure Statement, the Lead Paint Disclosure Report, the Radon Hazard Disclosure Report;
• Review the title commitment to ensure you receive good title to the property you are purchasing;
• Review of the closing documents, including the deed, settlement sheet, and P-Tax Form;
• Schedule and attend the closing; and
• Communicate  extensions of any contingency periods that may be required;
• Represent Buyer at the real estate closing which includes reviewing loan documentation.

Commercial Real Estate

Commercial real estate transactions can take many forms, from a simple cash purchase of vacant land to the complex, highly leveraged purchase of a hotel, apartment building or other real estate development.  The attorneys at LAWIN ASSOCIATES have extensive experience in commercial real estate transactions and have represented clients in numerous commercial real estate transactions across US and the world as a whole.  We analyze each facet of a commercial real estate transaction to determine how best to accomplish our client’s goals while minimizing our client’s risk.

We have significant experience in drafting, reviewing and negotiating purchase agreements, commercial leases, and construction contracts.  We work closely with our clients, as well as their advisers, brokers and lenders, to ensure that the transaction flows smoothly, from beginning to end.  We understand our clients’ desire to be kept informed throughout the entire transaction.

PROBATES, TRUSTS AND ESTATE PLANNING

Legal Counsel for Estate Planning

With extensive experience in Probate and Estate Planning, our attorneys can offer expert advice for clients in many areas, including:

Preparation of all types of Wills and Trusts

• Marital Deduction/Credit Shelters
• Minors Trusts
• GST Trusts
• Revocable Living Trusts
• Irrevocable Life Insurance Trusts
• Joint Survivor Irrevocable Trusts
• Family Limited Partnerships
• Qualified Personal Residence Trusts

Health Law and Advising the Elderly

• Advance Directives
• Durable Power of Attorney
• MEDICAID planning 1

Real Estate Transactions

• Sale/Purchase of Commercial, Residential and Farm Properties

Charitable Planning

• Annuities
• Charitable Remainder Unitrusts

Tax Preparation

• Estate 
• Fiduciary
• Gift
• Individual
• Partnership, LLC, Corporate

Retirement Planning

LITIGATION

LAWIN ASSOCIATES excel in representing corporations, general and limited partnerships, limited liability companies, other entities, and individuals in commercial and civil litigation. We have a broad range of experience handling contract, trade secret, intellectual property and business-tort litigation. Clients turn to the firm when a deal or a partnership has soured, when complex arrangements have been disrupted, when intellectual property assets or corporate secrets have been misappropriated, or when their interests are otherwise in jeopardy. Stakeholders in privately held corporations, and general and limited partnerships, also engage us for representation in internal disputes over control, valuation, fiduciary duties, and distribution of assets. Our long-term clients value the firm’s aggressive, personal, and exacting approach to litigation matters.

Commercial Litigation Practice

The firm has a great deal of experience litigating matters requiring extraordinary relief such as temporary restraining orders and preliminary injunctions. It has successfully obtained temporary restraining orders for cases involving misappropriation of trade secrets and corporate espionage, violations of non-compete agreements, and breaches of business contracts drafted by our firm.

Civil Litigation Practice

The Firm is regarded as one of the preeminent litigation firms in US, and general civil litigation is one of the firm’s primary practice areas. The firm has handled a wide range of litigation matters for both individuals and institutions. The firm has been involved with the most complex cases facing businesses across the industry spectrum with a particular emphasis on two things: first, rapid response when clients must obtain or resist emergency relief; and second, preparing cases for actual trial in the courtroom.

CREDITORS’ RIGHTS AND BANKRUPTCY

Counsel for Creditor Actions & Collections

LAWIN ASSOCIATES has a strong tradition of representing creditors in Central Illinois. We represent clients in various creditor actions including foreclosures and collections, and represent commercial and retail clients in a variety of legal matters in Central Illinois.

• Commercial collections – collection of commercial debt, secured and unsecured, for small and large businesses, contractors, subcontractors, banks, lenders, commercial landlords and equipment lessors.
• Retail collections – collection of consumer debt, secured and unsecured, for banks, savings and loans, credit unions and other lenders.
• Construction collections – filing and enforcement of mechanics lien claims, and labor and material payment bond claims.
• Replevins – repossession and recovery of collateral from defaulting debtors for lessors and other secured creditors.
• Litigation – prosecution of debt collection civil actions in state and Federal Court, and before alternative dispute resolution forums (arbitration, mediation).
• Credit policy review – review and recommend improvements to clients’ credit applications, sales contract terms and conditions, invoice terms and conditions, personal and corporate guarantees, and security agreements. Consult with clients on implementation of credit policies.

Foreclosure Actions & Alternatives

LAWIN ASSOCIATES represent  real estate secured clients in a variety of foreclosure, eviction and real estate-related matters in Central Illinois.

• Residential and commercial foreclosures – initiating foreclosure actions in court and assisting clients in obtaining and collecting deficiency judgments.
• Foreclosure alternatives – promoting the client’s interest, where possible, by arranging for alternatives to foreclosure, such as facilitating reinstatements, forbearance agreements, deeds-in-lieu of foreclosure, consent foreclosures, loan modifications, and settlements.
• Tax lien and condominium lien foreclosures – enforcing and collecting real estate, secured debt on behalf of holders of tax liens and condominium liens.
• Forcible detainer actions – initiating suits to obtain possession of property for landlords, contract sellers and other owners of real estate.
• Title issues – reviewing title abstracts and policies as well as handling title claims.

CONTRACTS

Individuals and businesses enter into contracts on a daily basis. Many are never memorialized in a written document. When they are, however, they need to be carefully crafted to identify the parties and their respective rights and obligations. A skilled contract lawyer will ensure that the agreement between the parties meets the requirements of contract law in Illinois.

 Advisement from Contract Attorneys

At LAWIN ASSOCIATES, our skilled contract attorneys advise clients in all aspects of Illinois contract law.  We work with clients through the contract negotiation process, offering counsel with respect to terms and provisions. Once an agreement has been reached, we review and draw up many types of contracts, including construction contracts, sales and marketing agreements, license agreements, buy-sell agreements, employment contracts, shareholder agreements, non-compete and confidentiality agreements.

BUSINESS ENTERPRISES

There are many decisions to make when forming your business that should not be taken lightly. Ownership structure, business risk and liabilities and tax consequences are all factors that should be considered when forming your business.  The most common types of businesses are the limited liability company (LLC) and the corporation.  The attorneys at LAWIN ASSOCIATES can help you choose which type of business entity is correct for you and your business.

With so many options available in terms of business formation, it is more important than ever to choose the correct business entity and more importantly, to make sure that the entity is formed correctly and that the business owners understand their responsibilities to maintain the protections that are available to them.

Business Entity Advisement

At LAWIN ASSOCIATES, we make sure that that we understand your personal situation in order to evaluate your liability issues and risks and then optimize asset protection and management structure for your business success.  The attorneys at LAWIN ASSOCIATES will help you evaluate and choose from the following Illinois Business Entities:

• Sole Proprietorship
• General Partnership
• Limited Partnership
• Family Limited Partnership
• Subchapter C-Corporation
• Subchapter S-Corporation
• Limited Liability Company (LLC)

Each business entity has its own legal requirements, structure and relationships.  Once a business entity has been chosen, we will work hard to ensure that your business is structured to best serve the needs of its owners and managers.