November 09, 2018
Momkus LLC is proud to announce that Partner Jennifer L. Friedland received the Daily Herald Business Ledger’s Influential Women in Business Award. The publication recognized 20 women at a Nov. 2 reception.
The Influential Women in Business Award honors suburban Chicago woman executives who excel in the business, civic, and personal arenas. Peers nominated the award recipients, who were then selected by a panel of Daily Herald Business Ledger executives. The Business Ledger will profile Friedland in its Dec. 17 issue as part of the award.
Attorney Jennifer Friedland recently became a Managing Partner at Momkus LLC. She focuses her practice on business and trust litigation and appellate practice.
Friedland has successfully argued cases before the Appellate Courts of Illinois and the U.S. Court of Appeals for the Seventh Circuit. She has represented her clients in bench and jury trials.Read more ...
October 10, 2018
Chicago area law firm Momkus LLC today announces the naming of two new members and managing partners. Jennifer Friedland and Bret Klemetson join existing members James Harkness and Edward Momkus. Both now join in ownership of the firm.
Jennifer Friedland focuses on business, trust and appellate litigation. She has successfully tried both bench and jury trials, written and argued appeals before the Appellate Courts of Illinois and the U.S. Court of Appeals for the Seventh Circuit, and served as the Chair of the Appellate Law Committee of the DuPage County Bar Association. She graduated from the University of Kentucky and earned her J.D. from Tulane University Law School. She currently resides in Wheaton with her husband and three children.
Bret Klemetson focuses on business transactions, such as buying and selling businesses and joint ventures, as well as other transactional matters such as entity formation and structuring, succession planning, executive compensation, shareholder and operating agreements and reorganizations. Bret takes a wholistic approach with his clients and calls on his CPA certification to advise on tax and accounting matters in business transactions. He is a graduate of the University of Minnesota and the DePaul University College of Law. Bret lives in Naperville with his wife and their two sons.Read more ...
RUFADAA: What is It... Why We Should Be Concerned About Its Affect on Estate and Financial Planning
Author: Neil T. Goltermann
Our burgeoning online lives augers of a new world in matters of estate and financial planning, as well as the management of these assets by fiduciaries. Examples of digital assets include software; stored information on hard drives, backup drives, CDs, DVDs, thumb drives, or on the “cloud”; online presences on websites, blogs, social media, e mail, bank, brokerage and financial accounts, iTunes, music files, video games, shopping and travel accounts, and even bitcoins.
One cannot function in today’s world without a password or two, or perhaps 25. What happens to the Facebook and Google accounts of a deceased person? How are Facebook and Google, and other Internet providers notified when an account holder has died? How does the family of a loved one collect the deceased’s photos and digital music, or gain access to on-line bank accounts and records?
RUFADAA is the Revised Uniform Fiduciary Access to Digital Assets Act. RUFADAA defines a “Digital Asset” as “an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.” See, RUFADAA, Section 2(10).Read more ...
DuPage Business Litigation Attorney Jim Harkness Utilizes Effective Trial Skills in Control Solutions, LLC v. ELECSYS
DuPage Business Litigation Attorney Jim Harkness Utilizes Effective Trial Skills in Control Solutions v. ELECSYS
Jim Harkness of Momkus LLC dissects complicated sequence of communications for substantial impeachment value while representing the defendant in the case Control Solutions v. ELECSYS.
Few cases presented to a jury involve a battle of the forms under the Uniform Commercial Code – and pre-trial emails – as complicated as Control Solutions v. ELECSYS, 2014 IL App (2d) 120251 (2nd Dist. 2014). The appellate decision recites six pages of communications and counter-communications. Seasoned DuPage business litigation trial attorney Jim Harkness of Momkus LLC, representing the defense, knew he had his work cut out for him when the plaintiff asked the jury to award $3.3 million in damages against his client arising out of a dispute over a cancelled military supply contract.
In business litigation cases like these, clear presentation of the relevant contractual communications to the jury is absolutely essential. Absent a clear presentation of the evidence, the jury would be presented with a complicated contract interpretation under the Uniform Commercial Code. The jury needed to know which emails and documents formed the basis for the disputed contract interpretation and which ones did not. The jury also needed to know which discussions were contractual, and which discussions showed evidence of authentic settlement negotiations, if any. How the jury saw this would make a multi-million dollar difference in the result of the case.Read more ...