Momkus McCluskey Roberts LLC Welcomes New Associate

Momkus McCluskey Roberts LLC Welcomes New Associate

Momkus McCluskey Roberts LLC announces the hiring of Associate Attorney Nicole L. Simmons.

DuPage County Attorney Nicole L. Simmons

" Momkus McCluskey Roberts LLC announces the hiring of Associate Attorney Nicole L. Simmons."

The law firm of Momkus McCluskey Roberts LLC is pleased to announce the hiring of Attorney Nicole L. Simmons. Prior to joining Momkus McCluskey Roberts LLC, Simmons practiced at a full-service Chicago law firm. As an experienced litigator, she will handle business transactions and commercial litigation matters.

Attorney Nicole L. Simmons is admitted to practice law in Illinois, Missouri, and Massachusetts. She graduated with her J.D. from Boston College Law School, where she participated on the school’s National Moot Court Team. Simmons has experience in all phases of litigation, appeals, and alternative dispute resolution. She has represented clients in federal and state courts across the country. She handles cases related to commercial disputes, products liability, employment, proprietary information, and trade secret.

Simmons also effectively represents business clients in litigation, contracts, risk management, and compliance matters. Additionally, she handles contract matters, including negotiations, drafting, and a variety of agreements including RFPs, subcontracts, licensing, vendor, and professional consulting agreements.

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Momkus McCluskey Roberts LLC Announces the Hiring of DuPage County Attorney Stacey A. McCullough

Momkus McCluskey Roberts LLC Announces the Hiring of DuPage County Attorney Stacey A. McCullough

The DuPage County law firm of Momkus McCluskey Roberts LLC announces that accomplished Illinois Criminal Defense Attorney Stacey A. McCullough has joined the firm as a Partner.

DuPage County Attorney Stacey A. McCullough

" The DuPage County law firm of Momkus McCluskey Roberts LLC announces that accomplished Illinois Criminal Defense Attorney Stacey A. McCullough has joined the firm as a Partner."

Prior to joining Momkus McCluskey Roberts LLC, Ms. McCullough was the principal attorney at The Law Office of Stacey A. McCullough, Ltd. which she founded in 2005.

Stacey McCullough has successfully defended the criminally accused in Illinois for over 20 years. She has successfully tried, argued and resolved hundreds of hearings and trials for matters ranging from traffic violations to felonies. Stacey graduated with a B.A. in Criminal Justice with High Honors from the University of Illinois at Chicago. She earned her Juris Doctor degree from Loyola University of Chicago School of Law. Stacey is also a Certified Illinois Municipal Administrative Hearing Officer. She will focus on criminal, juvenile and traffic defense, continue to handle administrative law matters, and bring her litigation skills to the area of family law at Momkus McCluskey Roberts LLC.

Stacey’s long-standing dedication to the legal profession has led her to hold numerous leadership roles within the local legal community. She currently serves as the Third Vice President of the DuPage County Bar Association. She has also served on the Association’s Board of Directors, and has chaired the Local Government Committee, Media Committee, and Criminal Law and Practice Committee. Additionally, McCullough has served as President and Treasurer of the DuPage County Criminal Defense Lawyers Association. She is an active member of the Illinois State Bar Association, the DuPage Association of Women Lawyers, and The Illinois Association of Criminal Defense Lawyers.

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RUFADAA: What is It... Why We Should Be Concerned About Its Affect on Estate and Financial Planning

RUFADAA: What is It... Why We Should Be Concerned About Its Affect on Estate and Financial Planning

Author: Neil 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).

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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 McCluskey Roberts 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 McCluskey Roberts 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.

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