Bulletin Vol 5 Issue 3 Sept Oct - Burke, Warren, MacKay & Serritella ...


Bulletin Vol 5 Issue 3 Sept Oct - Burke, Warren, MacKay & Serritella ...

SEPTEMBER/OCTOBER 2006BWM&S BULLETINVOLUME 5 • ISSUE 3REAL ESTATEGROCERY STORES SEEK RIGHT RECIPE FOR DOWNTOWNCHICAGO MARKETAs the recent explosion in residentialdevelopment has made the greaterdowntown Chicago area a more attractiveplace for people to call home, Chicago’s newdowntown-dwellers want and expect the sameservices and convenience offered in the suburbs.Full-service grocery stores top the list. But, whereassuburbanites are used to large, one-level designgrocery stores with plenty of convenient parking,retail space in the downtown market is limited,expensive, and uninviting to car drivers. Thesechallenges have required developers and operators torethink development criteria and design for grocerystores seeking to adapt to Chicago’s urban market.BWM&S’s Mike Martin has extensive experiencein urban retail expansion from representing a majornational grocery chain that has recently expandedContinued on page 3Can you spot the grocery store? While thousands of new downtown Chicago residents wantshort commutes and easy access to the city’s cultural assets, they expect all the amenities ofsuburban living. Grocery store operators have fine-tuned their store models to better fit theneeds of downtown clients as well as the space limitations of a high-density environment.WEALTH &SUCCESSION PLANNINGNEW CHARITABLE PLANNING OPPORTUNITYPension Protection Act of 2006Stephanie DenbyThe recently enacted Pension Protection Act of 2006 allows individuals to direct charitable donations fromtheir traditional Individual Retirement Accounts (IRAs) without incurring a federal income tax liability.Under the prior law, individualscould not make tax-free distributionsdirectly from their IRAs to charityduring their lifetimes. Instead, fundsneeded to be withdrawn from the IRAand then donated to charity. Thewithdrawal would trigger federalContinued on page 4INSIDE THIS ISSUE:Law and Religion Authors Meet . . . . . . . . . . . . . . . . .2Associate Joins Real Estate Practice . . . . . . . . . . . . . .2Tort Damages for Undocumented Workers . . . . . . . .4NEXT ISSUE: Your year-end wealth management to-dolist, Meet the firm’s newest associates, And more

RELIGION &HUMAN SERVICESRELIGIOUS ORGANIZATIONS BOOK AUTHORS TO MEET ONCHURCH/STATE ISSUES: November 15 event to take place in ChicagoReligion and the law are very closely intertwined throughout theworld today. Critical public policy issues often focus on someaspect of religion and the law. And, religion is center stage in somany tense quarters of the globe—the Middle East, Africa,Northern Ireland and elsewhere.Here in the U.S., religious leaders ofmany faiths are drawn daily into publicdebate and discussion on such issues asabortion, stem cell research, welfarereform, health care accessibility, racerelations, defense spending, same sexmarriage and many more.A critical church-state issue for ourtime is to build a greater understandingJames Serritellaof how religious organizations functionin the U.S. civil law system. That has been the focus of animportant study underway for the past two decades by scholarsand members of the religious legal community at the DePaulUniversity College of Law, Center for Church/State Studies.Earlier this year, the results of the DePaul study were publishedin the volume, Religious Organizations in the United States: AStudy of Identity, Liberty and the Law, (Carolina Academic Press,2006). More that 25 law professors, practicing attorneys,researchers, and religious experts contributed to the book.On Wednesday, November 15, 2006, several of the book’sBWM&Scontributors, including BWM&S’s James Serritella, will gather atthe Chicago Club with Dr. Martin Marty, internationallyrespected scholar, editor and author of scores of works includingModern American Religion, to discuss the new publication andthe key findings of the study. The mid-day event will begin withlunch and extend through mid-afternoon.People interested in attending the event are asked to contactCy Griffith at 312/840-7035 or cgriffith@burkelaw.com byOctober 31, 2006. BVisit the Firm’s new web site: www.burkelaw.com2ASSOCIATE JOINS BWM&S REAL ESTATE PRACTICEThe attorneys of Burke, Warren,MacKay & Serritella, P.C. arepleased to announce thatRachel D. Wanroy has joined the firm’sreal estate practice group as an associate.A 2004 graduate of the Chicago-KentCollege of Law, Ms. Wanroy gained awide range of experience in real estateand commercial transactions at theChicago office of a large, internationallaw firm. Prior to that, she was anassociate at a mid-sized Chicago firm.Ms. Wanroy concentrates her practice incommercial real estate leasing,acquisitions,sales, anddispositions.“I amextremelyenthusiasticabout theopportunity towork at BurkeWarren,” saysRachel D. WanroyMs. Wanroy.“The firm is unique in that it challengesits associates by giving them hands-onexperience in a wide range of matterswhile promoting direct contact withsophisticated clients. I am lookingforward to working alongside some ofthe most knowledgeable real estateattorneys in Chicago.”Ms. Wanroy received her B.A. inhistory from Tulane University in 2000,where her undergraduate studiesincluded a semester in Paris. Ms.Wanroy is a member of the Illinois andChicago Bar Associations. RachelWanroy can be contactedat 312.840.7079 or atrwanroy@burkelaw.com. B

GROCERY STORESContinued from page 1into several new downtown locations.According to Martin: “The urbanbusiness market and urban consumerare somewhat different from whatgrocers experience in the suburbs.Developers and operators have toreexamine details from parking,delivery, procedures, product mix andstore layout. The business model thatstores have used in the suburbs maynot always work in urban stores; thus,concepts need to be modified toaccommodate the needs of the newurban food store customer.”The typical downtown groceryshopper is not driving a mini-van, anddoes not have two hours to preparedinner. “Typical busy customers may beyoung professionals and from dualincomehomes,” says Martin. Othercustomers may be the rising number ofmiddle-aged professionals who oftenmove into the city after their childrenleave home. “Both place a value onconvenience and fresh food. Thesecustomers make more frequent trips tothe grocery store looking to purchasesomething fresh and quick, somethingthey wouldn’t have to spend a lot oftime preparing, thus making productplacement-especially important. Theyare also health conscious, leading moregrocery stores in the downtown area toprovide numerous quality-preparedfoods and ‘ready-to-eat meals,’ that arehealthy, by placing them wherecustomers will see them easily. Thisproduct placement differs from thesuburban norm.”Stores within the city also differgreatly from their suburban cousins inbasic size as well. According to Martin,“Urban grocers face operationalchallenges not found in the suburbanfree-standing store, such as fitting theproduct mix found in a suburban freestanding ‘big box’ into a space half thesize which is often situated onmultiple floors. Also, many of thesestores will occupy a portion of a multiusehigh rise (retail on the first fewfloors, and residential above that.) Inthese developments, all of theoccupants must share facilities thatthey are used to having to themselves.”For instance, large buildings thatcontain numerous retailers generallyshare a small number of loading docks.Martin explains: “When a food retailershares a loading dock with otherDowntown customers make more frequent trips to the grocerystore looking to purchase something fresh and quick, somethingthey wouldn’t have to spend a lot of time preparing, thus makingproduct placement-especially important.retailers, the retailers schedule theirdeliveries to avoid delays and trafficjams at the loading dock facilities.Additionally, the loading dock is oftensegregated from the back room, whichcreates a need to make sure theconnecting corridors are wide enoughand tall enough to permit quicktransport of deliveries to the store’sreceiving area.”Parking is another obstacle. Mostpeople who live in the city try to avoidthe high costs of parking anddowntown congestion, and use theconvenience that public transportationoffers.However,many peopleprefer to loadtheir groceriesinto their caras opposed totrying to lugthem onto abus or alongMichael Martinseveral blocksto home. According to Martin,“Downtown grocery stores will workhard to find parking to meet the needsof its customers. If the store is part ofa larger development, it may seeknonexclusive rights to spaces for itscustomers in a parking facility, whichis built as part of the development.The negotiations between storeoperators and developers will includediscussions regarding availability andcost for these spaces. If the store is anindependent development, it mightconsider building its own parkingfacility. Parking facilities for suchstores downtown have beenconstructed above stores and belowground. I have also seen parking decksconstructed in the air rights aboveadjacent railroad tracks.”It is becoming increasingly commonto see large (traditionally corner)grocery stores downtown, as they moveinto markets where customers arefound. The limited land area and costof land create many challenges to thecreative developer, architect, andlawyer. But, as long as downtownChicago continues to become a moreattractive place to live as well as work,grocery stores will need to discoverinnovative ways to bring their goodsand services to this growing market.Mike Martin can be contactedat 312.840.7011 or atmmartin@burkelaw.com. B3

BWM&S BULLETINBurke, Warren, MacKay & Serritella, P.C.IBM Plaza - 22nd Floor330 N. Wabash AvenueChicago IL 60611-3607The Bulletin is written by the firm of Burke, Warren, MacKay & Serritella, P.C. to keep clients and friends current on developments in the law and the firm that might affect their business orpersonal lives. This publication is intended as a general discussion and should not be construed as legal advice or legal opinion on any specific facts or circumstances. It is meant as general informationonly. Consult an attorney with any specific questions. This is a promotional publication. ©2006 Editor: Cy H. Griffith, Director of Marketing; Legal Editor: Jay S. Dobrutsky, Esq.312/840-7000 • www.burkelaw.comCHARITABLE PLANNINGContinued from page 1income taxes. Tax law limitations(including limits on itemizeddeductions) frequently prevented thecharitable deduction from completelyoffsetting the federal income taxrecognized on the withdrawal.Accordingly, individuals wouldrecognize federal income tax liabilityin excess of the charitable deduction.The Act allows taxpayers over age 701/2 to distribute up to $100,000 peryear directly to charity from their IRAaccounts. No income is recognized onthe transfer, and correspondingly noincome tax charitable deduction isavailable. The Act eliminates theincome tax cost of making a gift froman IRA. Distributions must be madedirectly to public charities (and maynot be made to donor advised fundaccounts, private foundations orcharitable split interest trusts).The distribution from the IRA tocharity counts towards satisfying thecurrent year’s minimum distributionrequirement. The Act makes thisopportunity available only in 2006and 2007 for distributions made fromtraditional, not Roth, IRAs.Planning Opportunity:If you are over age 701/2, considermaking your charitable gifts from yourtraditional IRA. An IRA is a goodasset to use for charitable givingbecause it will avoid recognition of thebuilt-in ordinary income tax liabilitynormally triggered by withdrawals.Stephanie Denby is a partnerin the firm’s Wealth & SuccessionPlanning practice. Stephanie can bereached at 312/840-7068 orsdenby@burkelaw.com. BLITIGATIONTORT DAMAGES FOR UNDOCUMENTED WORKERSAnalyzing the Interplay Between the Federal Immigration Reform and Control Act andState Personal Injury LawsAs the mid-term elections approach, several pressing issues are at the forefront of nationaldebate. Included among these topics is immigration reform, and the hiring ofundocumented workers, issues that affect all employers. While most businesses are aware ofthe basic laws addressing the hiring of illegal aliens, many employers will be surprised to learn that anundocumented, unauthorized worker may be granted the right to recover damages for personalinjuries incurred on the job despite their illegal status. This article examines a brief history of workerimmigration laws and then analyze a recent New York Court of Appeals decision that allowed anundocumented alien the right to sue under state law to recover lost wages. To read the completetext of the article, please visit burkelaw.com.Alexander Marks, an associate in the firm’s litigation practice, wrote this article. He can be reachedat 312/840-7022 or amarks@burkwlaw.com. BAlexander Marks

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