Business and Corporate Law

• Corporate Law
  The representation of tax-exempt organizations is a regular, substantial part of our practice. Our exempt clients include hospitals, social service agencies, religious affiliates, community trusts and private foundations. We provide services from start-up and applying to the IRS for exempt status to ongoing compliance and operational issues. We routinely provide advice on corporate governance, executive compensation, conflicts of interest, political activity and other “hot-button” issues.
• Mergers and Acquisitions
  Buying, selling and licensing intellectual property are each challenging transactions that require significant knowledge and experience. Our intellectual property attorneys work on these transactions every day. We have negotiated and closed many complex IP and technology asset transactions, including the purchase and sale of enterprise-level software systems, acquisition of patent portfolios and establishment of licensing programs for copyrighted works and trademarks. We can negotiate and close the purchase of major IP and IT assets and conduct mergers and acquisitions involving substantial IP and IT assets. When the transfer and ownership of these assets is an issue, you should have competent and experienced counsel to guide and document the transaction.
• Business Disputes
  HolmstromKennedy litigators are versed in the procedures of the state, federal and bankruptcy courts, as well as administrative tribunals. Representation by HolmstromKennedy is also regularly sought, by clients and attorneys alike, in handling matters before both state and federal courts of appeal. From contract disputes to complex litigation, our attorneys approach each lawsuit with the same level of dedicated advocacy.
• Business Transactions
  HolmstromKennedy has been representing the health care industry for over thirty-five years – from hospitals to physician group practices, other provider entities and individual practitioners. The issues facing health care providers on a daily basis include highly complex laws and regulatory schemes such as fraud and abuse (Anti-Kickback, Stark, CMPs), and HIPAA privacy and security that change and evolve constantly. Our Health Care Group has been there every step of the way as these laws have been implemented and government regulators have enunciated interpretations and enforcement priorities. We counsel health care providers daily on transactions and strategies that must be carried out carefully in order to comply with these dynamic and fluid laws. Because health care providers also face all of the operational challenges of any business, attorneys from all of HolmstromKennedy’s practice groups bring their knowledge and experience to assist our health care clients – from employment, privacy and security, business transactions, construction and real estate, technology licensing and development, to litigation.
• Trade Secrets
• Intellectual Property
  Due diligence and indemnification rights go a long way towards protecting you from infringement liability; however, a full intellectual property review should also consider intellectual property infringement coverage. Our attorneys can help you find appropriate insurance coverage and advise you about the scope and limitations of that coverage.
• Unfair Competition
  HolmstromKennedy provides comprehensive guidance to help our clients protect against unfair competition. Our employment attorneys prepare confidentiality, ownership of works, non-competition, non-solicitation and other agreements, and counsel clients about practices and procedures to safeguard their trade secrets and intellectual property. We have successfully prosecuted many cases against employees who engage in unfair competition, and help clients restore their competitive advantage.

Property Law

• Real Estate Litigation
  Sometimes, it is necessary to utilize our Commercial Litigation Group to resolve disputes over workmanship, payment issues or project management in construction projects. Working together we are able to timely and efficiently handle real estate disputes in arbitration, mediation or the courts, if necessary. We assist our clients with such matters as boundary disputes, construction bond issues and partition actions. Our attorneys have experience in defending land owners in eminent domain actions and working with appraisers in order to maximize compensation for governmental takings of property.
• Construction Litigation
  Our clients include architects, contractors, engineers and title companies, as well as developers and property owners. We review, negotiate and draft construction agreements. Our attorneys have experience in drafting and perfecting mechanics liens and notices for public and private construction projects, as well as broker, landlord and other statutory real estate liens.
• Real Estate Transactions
  Our real estate practice is a foundation of this firm. Our team of sophisticated legal professionals can meet the challenges of the most complex real estate transactions.
• Eminent Domain
• Land Use and Zoning

Health Law

• Medicaid Planning
  In today’s litigious society, it is wise to consider protecting your assets from potential creditors. This can take several forms, such as creating a trust for a disabled child that will not disqualify the child from receiving governmental benefits, to medicaid planning to preserve family assets and minimize the impact of rising nursing home costs. For high net worth individuals whose occupations subject them to financial risks (such as a physician who is concerned about a possible malpractice verdict in excess of his or her insurance coverage), asset protection trusts and other strategies are available.

Trusts and Estates

• Estate Planning
  For more than a century, HolmstromKennedyPC has provided a full range of legal services throughout Northern Illinois. We deliver solution-oriented legal services to our local, national and multi-national clients in the communication, technology, commercial, financial, estate planning and health care industries. Most of the attorneys heading our practice groups have been practicing with this firm for more than 25 years and are Martindale-Hubbell AV peer review rated as well as Leading Lawyers. The Firm is committed to strong, ethical advocacy and maintains an active litigation practice in State and Federal courts. We seek to recruit the best and brightest and we encourage them to become assets to our community.
• Wills
• Trusts
  Postmortem planning can present many opportunities and challenges. We are very experienced in probating estates when necessary, but also work with clients in avoiding probate when possible and appropriate. We are also well versed in the administration of revocable living trusts. Banks and trust companies who are acting as fiduciaries also use our services when unusual situations arise or litigation is involved.
• Power of Attorney
  We also help clients deal with the prospect of disability or incapacity. At the planning level, this usually consists of preparing durable powers of attorney in which the client designates an individual to act on his or her behalf in the event he or she becomes incapacitated. We also represent clients in situations where a family member is incapacitated and has not designated an agent under a power of attorney. In that case, we will work with the family in court proceedings to have a guardian appointed and provide guidance to the guardian, if needed.
• Probate

Finance Law

• Bankruptcy
• Foreclosure
  Our attorneys have assisted creditors in the exercise of a multitude of remedies including the foreclosure of their security interests in personal property, mortgages and liens against real estate, the termination of leases of real and personal property as well as the enforcement of other rights and obligations of parties pursuant to lease agreements and other contracts. We have also assisted numerous unsecured creditors in the enforcement of their claims against debtors before all courts.
• Tax Law
  We represent commercial clients and consumers in tax assessment proceedings before administrative bodies such as local Boards of Review and the statewide Property Tax Appeals Board. We have in the past achieved favorable results for our clients in reducing the assessed valuations of large industrial properties, health care facilities and various sized commercial and office buildings. We have also assisted clients in obtaining “Open Space” reductions in their real estate tax bills and in seeking property tax exemptions and arguing for such exemptions before the Illinois Department of Revenue.