Dupage County attorneys at Momkus McCluskey LLC Named to Illinois Super Lawyers List

Three Momkus McCluskey LLC Attorneys Named to Illinois Super Lawyers List

Attorneys for Full-Service Law Firm Recognized as Among Top Lawyers for 2018

Top Lawyers for 2018

"Momkus McCluskey LLC is proud to announce that attorneys James F. McCluskey, David A. Newby and William J. Scott Jr. have all been chosen for Super Lawyers’ list of the best Illinois lawyers for 2018."

Momkus McCluskey LLC is proud to announce that attorneys James F. McCluskey, David A. Newby and William J. Scott Jr. have all been chosen for Super Lawyers’ list of the best Illinois lawyers for 2018.

Super Lawyers is a nationally recognized ratings service that annually selects the top attorneys in each state. Attorneys are nominated by their peers or identified from research or third-party feedback.

Super Lawyers chooses its honorees based on independent research and evaluation by a peer panel. Attorneys who make the Super Lawyers list are among the top five percent of nominated attorneys in their state.

Attorney James F. McCluskey was named to the Super Lawyers list for the fifth consecutive year and ninth time in the last 13 years. He is a founding member of Momkus McCluskey LLC and focuses his practice on business and civil litigation. He is in line to serve as the president of the Illinois State Bar Association this year.

Attorney David A. Newby was named to the Super Lawyers list for the ninth consecutive year. He is a partner at Momkus McCluskey LLC and focuses his practice on business bankruptcy and related litigation. He serves as vice chair of the DuPage County Bar Association’s Bankruptcy Committee.

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Momkus McCluskey LLC Announces New Partner

Momkus McCluskey LLC Announces New Partner

DuPage law firm promotes commercial litigator Lauryn Parks to leadership role

Lisle attorney Lauryn Parks

"The members and other partners agreed that Ms. Parks was perfectly suited to assume the duties and responsibilities of partner."

Momkus McCluskey LLC recently announced it was naming attorney Lauryn Parks its newest Partner. Ms. Parks is a member of the firm’s Commercial Litigation and Employment Law groups.

Ms. Parks joined Momkus McCluskey LLC in 2007, and provides a wealth of knowledge in matters of employment litigation, commercial litigation and business disputes. Her experience includes all aspects of litigation and appellate law, as well as consulting with and advising employers and business executives on matters of employment agreements, restrictive covenants, compensation issues, employee handbooks, and employee separations.

“The members and other partners agreed that Ms. Parks was perfectly suited to assume the duties and responsibilities of partner,” stated the firm’s Managing Partner, Jennifer Friedland. “We are confident that the knowledge and energy she brings to her practice of the law will continue benefitting all our clients, while providing great leadership to our team of attorneys.”

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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 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 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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