Not-For-Profit Law
Hogan Marren has extensive experience representing not-for-profit
organizations, including hospitals, schools, nursing homes, retirement
housing facilities and foundations. While the business purpose
of such organizations may be different, many of the legal principles
governing their operation are the same. We have advised regarding
the fiduciary duties of board members of these organizations as
well as assisting in complex corporate reorganizations. We have
also advised regarding charitable trust law as it applies to these
organizations and represented such organizations before state
regulators and attorneys general regarding their compliance with
applicable charitable trust and not-for-profit laws.
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Tax Exemption Law
Hogan Marren advises clients on obtaining tax-exempt status and
on how to operate to maintain that status. We have advised as
to such matters as the applicability of intermediate sanction
law, unrelated business income tax, public charity status and
rules governing private foundations and charitable deductions.
Members of our firm have received precedent setting private letter
rulings related to Section 501(c)(3) exemption matters. We have
also represented entities regarding their state real estate and
sales tax exemptions.
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Estate Tax and Tax Planning
We represent businesses, individuals, charities and others in
all aspects of tax planning for their businesses, operations and
lives. This includes structuring and planning for family ownership
of assets, tax advisable structuring of real estate and other
asset ownership, charitable giving, and annuity plans. We also
advise businesses regarding employee benefits as well as tax-advantaged
benefits. We prepare all types of estate planning documents for
our clients, including wills, trusts, partnership structures,
health care, property and other powers of attorney and all other
documents necessary to complete the estate plan. In a time when
malpractice coverage is increasingly costly and judgements against
physicians for malpractice liability are skyrocketing, proper
estate planning and asset protection are critical.
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Real Estate Practice
Hogan Marren, Ltd.'s real estate practice encompasses a wide range
of transactions from simple quit claim transactions of single
family residences to sophisticated multi-million dollar commercial
transactions. In representing individuals, corporations and not-for-profit
organizations as both Buyers and Sellers, we offer a wide range
of services such as title review, real estate tax review and considerations,
real estate contract review, and review of mortgage or financial
packages. We recognize that these services represent only a small
part of the real estate transaction, and tailor our services to
specifically address our clients' needs. Furthermore, as a certified
attorney agent for Chicago Title and Trust Company, our firm offers
its clients the combined high quality of legal, title and trust
services. This partnership with Chicago Title and Trust Company
is just one example of our commitment to providing our clients
a full range of superior real estate services.
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General Corporate, Business and Commercial
Law
We represent clients in a broad range of matters pertaining to
the creation and operation of their businesses, whether as corporations,
partnerships, limited liability companies or other forms of operating.
This includes, choice of entity, formation, agreements among owners,
securities issues, employment and licensing, trademark, mergers,
joint ventures, acquisitions and sales of businesses or divisions
or assets, borrowing and lending activities and all other aspects
of business corporate operations.
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Securities Law
We have represented both private and publicly-held entities involved
in raising money through the issuance of stock or other equity
(including preferred stock, limited partnership interests or limited
liability company membership interests) or debt instruments. We
advise clients regarding the securities laws applicable both to
registering their sales of securities or obtaining exemptions
for issuing securities, identifying and addressing securities
law issues that could impact on clients and advising clients regarding
securities laws and regulations involved in ongoing company operations
for a company with investors.
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Commercial Litigation
The firm's trial lawyers represent clients in all stages of civil
and white-collar criminal litigation, including trials and appeals
in federal and state forums. Our litigation clients range from
managed care networks, hospitals, businesses, labor unions, governing
boards, to small physician groups and individuals. We assist these
clients in the resolution and litigation of a wide spectrum of
issues, including general business and commercial disputes, antitrust,
healthcare fraud, labor and employment disputes, director and
officer liability, ERISA, employment litigation, coverage disputes,
trade secrets and restrictive covenants, and general contract
claims. One of the principals of our firm formerly prosecuted
white collar and RICO crimes on behalf of the Department of Justice
and U.S. Attorneys' offices, and currently advises and defends
clients in federal grand jury and law-enforcement proceedings
and investigations concerning issues of potential fraud, officer
and fiduciary misconduct, and grand jury or law-enforcement investigations.
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Trade & Professional Associations
Trade and professional associations continue to be important to
professionals or organizations interested in furthering common
business purposes. Hogan Marren attorneys represent a number of
trade and professional associations. One of our partners was formerly
an in-house counsel to the American Hospital Association. Included
within this practice area are the following services: antitrust
counseling; preparation of federal tax exemption applications
(typically for 501(c)(6) status); drafting and advising regarding
articles of incorporation and bylaws; review of contracts, including
those for executives, vendors and lobbyists, and hotels for meetings
and conventions; counseling regarding proposed legislative and
regulatory changes affecting the members of the organization;
and, if necessary, litigation.
Representative projects we have been involved in include: counseling
a nationwide association of specialty physicians regarding proposed
bylaw changes intended to expand their membership, drafting the
organizational documents and successfully obtaining federal tax
exemption for a nationwide association of marketing organizations,
and advising a statewide organization of travel-related organizations
regarding federal and state lobbying restrictions effecting them.
We have also counseled a statewide association of advanced practice
nurses regarding a host of corporate issues as well as with respect
to significant legislative and regulatory changes that will limit
their memberships' ability to continue to practice in certain
practice settings.
We recognize that each trade or professional association is different
and may have diverse levels of need for legal representation.
Our representation of trade and professional associations has
included engagements on a project-by-project basis as well as
ongoing monthly retainer relationships.
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Physical Plant and Environmental Issues
In the wake of the tragedies involving the E2 Nightclub and Lincoln
Park porch collapse, there is an increase scrutiny on building
owners with respect to building code compliance and violations.
Our firm has represented numerous large institutions before the
Department of Buildings and Zoning with respect to Municipal Code
violations. We review current zoning and building code requirements
and work with our clients to ensure compliance with those requirements.
Several attorneys in our firm are currently involved in representing
a municipality regarding hazardous materials and toxic waste issues.
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Taxation
Our representation of clients includes federal and income
tax analysis and planning with respect to corporations, partnerships
and limited liability companies. We also regularly provide tax
and corporate services with respect to tax-exempt entities such
as charitable entities, foundations, trusts and the like.
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General Corporate and Securities
Our representation of clients includes mergers, acquisitions and
various forms of financing on behalf of clients in various. We
have advised and represented clients in public offerings and private
placements of debt and equity securities. The firm also represents
clients in the formation and capitalization of various forms of
new businesses, utilizing our attorneys' expertise in the areas
of corporations, limited partnerships, joint ventures, limited
liability companies and other forms of business entities.
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Construction Contracts
Hogan Marren has represented numerous institutions in the negotiation
of construction contracts, including a major university Hospital,
a community hospitals, construction of continuing care residential
units, real estate developers, and several of Chicago's largest
construction companies and subcontractors.
Edward Hogan was executive director of the Chicago Construction
Committee, which coordinates federal, state, and local governmental
construction in Northeastern Illinois, as well as similar activities
in Boston, Denver, Kansas City and San Francisco.
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White Collar Crime
The firm has represented corporations, partnerships and individuals
in connection with criminal and regulatory investigations involving
financial misconduct, fraud and public corruption, including grand
jury proceedings and civil and criminal litigation arising from
white collar criminal investigations and prosecutions. At the
same time, the firm regularly assists clients responding to criminal
and quasi-criminal requests for documents, evidence and information
from a wide range of federal, state and other regularly agencies.
Members of the firm have an in depth understanding of these complex
issues having served as federal prosecutors, special assistant
attorney generals and as white collar criminal defense counsel
. This allows Hogan Marren to provide its clients with unique
yet practical advise in this area.
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