Please welcome attorney Richard Cornfeld to our team! Rick joins our firm as of counsel, and his practice focuses on consumer class actions. Before joining Goldenberg Heller and Antognoli, he collaborated with our attorneys on multiple occasions, including the settlement of the St. Louis Rams. We look forward to continuing our work with him as… Continue reading
Please welcome attorney Richard Cornfeld to our team!
Rick joins our firm as of counsel, and his practice focuses on consumer class actions. Before joining Goldenberg Heller and Antognoli, he collaborated with our attorneys on multiple occasions, including the settlement of the St. Louis Rams. We look forward to continuing our work with him as part of our firm.
For more information on Goldenberg Heller and Antognoli, please visit www.goldenbergheller.com or call (800) 782-8492.
Goldenberg Heller & Antognoli is pleased to welcome veteran attorney Robert Bruegge to the firm. Bruegge will serve as of counsel for the firm, with his practice focusing primarily on business transactions, real estate, bankruptcy, estate planning and mergers and acquisitions. Prior to attending law school, Bruegge studied accounting at the University of Illinois in… Continue reading
Goldenberg Heller & Antognoli is pleased to welcome veteran attorney Robert Bruegge to the firm. Bruegge will serve as of counsel for the firm, with his practice focusing primarily on business transactions, real estate, bankruptcy, estate planning and mergers and acquisitions.
Prior to attending law school, Bruegge studied accounting at the University of Illinois in Champaign, IL. He then passed his CPA exam and became a Certified Public Accountant while attending the University of Houston Bates College of Law in Houston, Texas. Bruegge has practiced law for over 40 years.
“Bob’s experience and knowledge of accounting has served him well throughout the years, and we are honored to have him join our debtor/creditor team with Joel Kunin, Sandy Tatoian and Steve Wallace,” said Mark Goldenberg, founder and managing partner of the firm.
Bruegge served as Chapter 7 Trustee for the Southern District of Illinois for 16 years. In addition, he also reviewed and administered cases as an independent trustee appointed by the United States Department of Justice.
For more information on Goldenberg Heller and Antognoli, please visit www.goldenbergheller.com or call (800) 782-8492.
Our Partner, Elizabeth Heller, is going to take on a few more cycling challenges this fall. We are so proud of her accomplishments. Liz has an incredible story. She’s broken world records and a few bones since her last competition. Read more about what Liz will be up to in the link below: Elizabeth Heller… Continue reading
Our Partner, Elizabeth Heller, is going to take on a few more cycling challenges this fall. We are so proud of her accomplishments. Liz has an incredible story. She’s broken world records and a few bones since her last competition.
Read more about what Liz will be up to in the link below:
Goldenberg Heller & Antognoli is pleased to welcome attorney Steven Wallace to the firm. Wallace will join the firm’s business and commercial law practice, additionally focusing on real estate law. Prior to graduating from St. Louis University School of Law in 1988 and beginning his legal career, Wallace was a lending officer for two commercial… Continue reading
Goldenberg Heller & Antognoli is pleased to welcome attorney Steven Wallace to the firm. Wallace will join the firm’s business and commercial law practice, additionally focusing on real estate law.
Prior to graduating from St. Louis University School of Law in 1988 and beginning his legal career, Wallace was a lending officer for two commercial banks in Southern Illinois. That, combined with over 30 years of experience in the areas of commercial and individual bankruptcy, banking law, commercial litigation and asset protection planning, among others, enables him to provide creative and cost-effective solutions for his clients.
“Steve is an exceptional attorney, whose invaluable experience proves to be an asset – not just to us as a firm, but also to our clients. We are happy to have him on board,” said Mark Goldenberg, founder and managing partner of the firm.
In addition to his work for individuals and businesses, Wallace has also been a speaker for the Illinois Institute for Continuing Legal Education, the Illinois State Bar Association, and the National Business Institute. Currently, he is a member of the Local Rules Committee for the United States Bankruptcy Court for the Southern District of Illinois as well as a contributor for West Publishing Corporation’s Practical Law Toolkit, Southern Illinois Local Bankruptcy Rules.
For more information on Goldenberg Heller and Antognoli, please visit www.goldenbergheller.com or call (800) 782-8492.
Mark C. Goldenberg (Founder & Managing Partner), Jennifer Fourcault (Legal Administrator) and Lisa Stapleton (Paralegal) led the Edwardsville CEO Program students on a talk and tour of their lovely building in Edwardsville this morning. — Mark shared that his love of numbers began at the age… Continue reading
After taking on several side jobs in law, Mark saw an opportunity to merge his two areas of expertise and starting a dual practice CPA/law firm. Fast forward through accepting an invitation to be a city attorney, several large cases and a 3-way company merger, Mark continues to serve as Managing Partner for the firm he founded over 30 years ago.
His advice for our young entrepreneurs?
Effective January 1, 2022, employers will no longer be able to enter into covenants not to compete (non-compete agreements) and covenants not to solicit (non-solicitation agreements) with employees whose earnings are below a certain amount. On August 13, Governor JB Pritzker signed into law Amendment 1 to Senate Bill 672. The Illinois Freedom to… Continue reading
Effective January 1, 2022, employers will no longer be able to enter into covenants not to compete (non-compete agreements) and covenants not to solicit (non-solicitation agreements) with employees whose earnings are below a certain amount.
On August 13, Governor JB Pritzker signed into law Amendment 1 to Senate Bill 672. The Illinois Freedom to Work Act now makes it illegal for employers to enter into non-compete agreements with any employee unless the employee’s earnings exceed $75,000 per year. Likewise, it is illegal for employers to enter into non-solicitation agreements with any employee unless the employee’s earnings exceed $45,000 per year.
In addition, no employer shall enter into non-compete or non-solicitation agreements with any employee who is terminated, furloughed, or laid off as a result of varying COVID-19 circumstances. Similarly, a non-compete agreement is void and illegal with respect to individuals covered by a collective bargaining agreement under the Illinois Public Labor Relations Act or the Illinois Educational Labor Relations Act. Individuals employed in construction are also included in this list.
The legislation also provides the criteria employers must meet when entering into these agreements. According to the bill text, non-compete agreement or a non-solicitation agreement is illegal and void unless:
(1) The employee receives adequate consideration*
(2) The agreement is supplementary to a valid employment relationship
(3) The agreement is no more than what is required for the protection of a legitimate business interest of the employer
(4) The agreement does not impose undue hardship on the employee
(5) The agreement is not harmful to the public
To ensure employees are informed about their obligations, an agreement not to compete or an agreement not to solicit is illegal and void unless:
(1) The employer advises the employee in writing to consult with an attorney before entering into the agreement.
(2) The employer provides the employee with a copy of the agreement at least 14 calendar days before the start of employment or 14 calendar days to review the agreement.
While the bill does not apply retroactively, it will create a substantial change to the future employment agreements and is something employers should keep in mind as the January 1, 2022, effective date looms.
*As defined in the bill, “Adequate Consideration” means, “(1) the employee worked for the employer for at least two years after the employee signed an agreement containing a covenant not to compete or a covenant not to solicit, or (2) the employer otherwise provided consideration adequate to support an agreement to not compete or to not solicit, which consideration can consist of a period of employment plus additional professional or financial benefits or merely professional or financial benefits adequate by themselves.”
Three of the Partners of Goldenberg Heller & Antognoli, P.C. recently took some leisure time and climbed Mount Elbert in Colorado. The three partners, Mark Goldenberg, Elizabeth Heller and David Antognoli climbed to the elevation of 14,433 feet. Mount Elbert is the highest mountain and has the highest elevation in the Continental United States. We… Continue reading
Three of the Partners of Goldenberg Heller & Antognoli, P.C. recently took some leisure time and climbed Mount Elbert in Colorado. The three partners, Mark Goldenberg, Elizabeth Heller and David Antognoli climbed to the elevation of 14,433 feet. Mount Elbert is the highest mountain and has the highest elevation in the Continental United States. We know they work just as hard for our clients as they do climbing mountains. Congratulations to our Partners for accomplishing this feat.
On January 15, 2020, a California jury awarded $5.5 million to the resident of an assisted living facility who sustained serious injuries due to a fall. According to the CDC: One in four Americans aged 65+ falls each year Emergency departments treat three million older people for fall injuries each year, an average of one… Continue reading
On January 15, 2020, a California jury awarded $5.5 million to the resident of an assisted living facility who sustained serious injuries due to a fall.
According to the CDC:
With the increasing growth of the Baby Boomers entering old age, fall injuries are increasingly common in assisted living facilities.
Assisted living facilities rarely accept responsibility for fall injuries. They claim residents live independently in their own quarters and receive limited assistance with meals, medication and housekeeping service. Even for those who receive enhanced services or additional supervision, they argue it is not reasonable to anticipate when the residents might fall.
However, assisted living facilities have a legal obligation to identify and address risks of their residents, including their specific fall risks.
If a fall occurs, first and foremost, ensure a thorough medical evaluation is completed. This is particularly important if the resident suffers from any cognitive deficits or confusion. The fall injuries may not be recognized immediately, even if one is not confused.
Second, if the facility cannot adequately explain the event in detail or you suspect something is wrong, calling the abuse and neglect hotline is an option. The Missouri Department of Health and Senior Services hotline is 1-800-392-0210. The Illinois Department of Public Health hotline is 800-252-4343. State inspectors will show up for an unannounced inspection of the facility, demand the resident’s records and conduct employee interviews.
Complete records from the assisted living facility are critical, but it is all too often an insurmountable hurdle for those unfamiliar with the legal paperwork. Even after submitting all the correct paperwork, one may not receive complete records unless and until someone familiar with such records confronts the facility about what is missing. One such facility refused to produce its records after five requests. It took filing a lawsuit to get records.
Liability might be due to an incomplete or inaccurate assessment, the wrong care plan or the failure of staff to follow the plan. A breakdown in leadership tends to cause a cascade of problems. On the other hand, it is also possible that the facility was doing everything it was supposed to do.
ACT QUICKLY!!! The law has certain deadlines to assert claims. Oftentimes, it takes months of gathering enough information to evaluate the viability of a lawsuit.
Some people do not do anything. They reason that it does not heal the injury or bring their deceased loved one back. Others make a claim because they do not want someone else to suffer the same fate.
Most assisted living facilities are owned by corporate conglomerates that are more focused on profits than patient care. If left unaccountable, such facilities will not change their dangerous ways. Making them accountable is one way to incentivize them to do things the right way.
Assisted living facilities absolutely must ensure that services they provide are sufficient to meet the needs of their residents. If a resident requires more assistance than the facility provides, that resident cannot be admitted or remain in the facility.
In evaluating and prosecuting lawsuits against assisted living facilities, Goldenberg, Heller & Antognoli stays abreast of the statutory and regulatory requirements. Our attorneys know how to gather the available evidence and retain some of the best experts the medical profession has to offer. We would be happy to talk with you if you or your loved one who has suffered an injury in an assisted living facility.
Certified Public Accountants serve as trusted advisors and often guide their clients to other professionals, including attorneys, for assistance. However, CPA firms, like most professionals, often overlook their own need for good legal advice. Engagement Letters For example, CPA firms should have a clear and concise engagement letter for all clients. These carefully drafted… Continue reading
Certified Public Accountants serve as trusted advisors and often guide their clients to other professionals, including attorneys, for assistance. However, CPA firms, like most professionals, often overlook their own need for good legal advice.
For example, CPA firms should have a clear and concise engagement letter for all clients. These carefully drafted documents set forth the specific understanding of a particular engagement when it comes to the scope of the CPA firm’s work. Services, such as tax return preparation and financial statement review, must be outlined accordingly.
In addition, the engagement letter should contain provisions that limit the CPA firm’s exposure to liability. This can include an exculpatory provision that limits the CPA firm’s liability to the amount of fees it has collected from its client. This is an advantage CPA firms have over attorneys, who cannot similarly limit their liability to a client.
Many CPA firms are corporations, partnerships or limited liability companies. This means they may have multiple shareholders, partners or members. As a result, they should have a sound shareholder agreement that addresses the respective rights and obligations of each shareholder, partner or member.
These agreements should contain provisions regarding:
The agreements should also cover any disputes that may arise in the operation of the firm and provide an expeditious and cost effective way for resolution of such disputes.
Finally, like any business, a CPA firm, should seek legal counsel for matters such as:
Maintenance of a good relationship with a trusted attorney; one who can provide the legal “nuts and bolts” of operating a CPA firm, along with guidance on general legal questions or issues that arise during the course of operations, can be a valuable asset for any CPA firm. At Goldenberg Heller & Antognoli, P.C. our attorneys have experience in business and commercial law, and several have worked as licensed CPAs. Contact us to learn more. 800-782-8492.
The Southern Illinois Laborers Union, Good Samaritan House, The RITE Plan Initiative and STL Village among those to receive firm’s holiday gift. In lieu of its annual holiday party, Edwardsville-based law firm Goldenberg Heller & Antognoli has donated more than $10,000 to four local organizations across the region. The Southern Illinois Laborers Union, the Good… Continue reading
The Southern Illinois Laborers Union, Good Samaritan House, The RITE Plan Initiative and STL Village among those to receive firm’s holiday gift.
In lieu of its annual holiday party, Edwardsville-based law firm Goldenberg Heller & Antognoli has donated more than $10,000 to four local organizations across the region. The Southern Illinois Laborers Union, the Good Samaritan House in Granite City, Ill., The RITE Plan Initiative in East St. Louis, Ill., and STL Village in St. Louis will all receive a portion of the firm’s gift.
The donations will be used to support each organization’s ongoing mission, which includes improving the lives of community members throughout the holiday season.
The Southern Illinois Laborers Union – Funds will be used to support families dealing with hardships, such as unemployment and health issues, relating to the COVID-19 pandemic. The organization has identified three families who will receive aid in the form of groceries and other supplies as well as additional support where needed.
Good Samaritan House – Donated funds will help residents in Granite City, Ill. to pay outstanding utility bills. They will also provide assistance with vehicle repairs and transportation costs so that individuals may travel to and from work.
The RITE Plan Initiative – The initiative will use the funds to assist residents in East St. Louis, Ill., purchasing food for those families who have been identified and are in need of additional financial support around the holidays.
STL Village – The St. Louis organization will use the donation for their “Grandparents as Parents” program. They have identified seven families residing in the Lewis Place Fountain Park neighborhood who will receive gift cards to be used for the purchase of groceries and children’s toys for Christmas.
“We will miss hosting friends, clients and other members of the community, but it’s more rewarding to help these fine organizations assist those in need,” said Mark Goldenberg, the firm’s founder and managing partner.
For more information on Goldenberg Heller & Antognoli, and updates regarding this year’s giving initiative visit the firm’s website at www.goldenbergheller.com or follow them on Facebook.