Illinois’s Freedom to Work Act

In Illinois, non-compete clauses are routinely under some form of attack as employees, employers, legislators, and the judiciary try to balance the freedom of contract against individual workers’ freedoms. Employers typically see non-compete clauses as a way to protect their intellectual properties, trade secrets, and client/customer contacts. Employees often see such clauses as a barrier […]

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New Northern District of Illinois Ruling May Increase Awards in Debt Collection Cases

Section 1692k of the Fair Debt Collection Practices Act (the “FDCPA”) allows for an award of damages in successful class actions against debt collectors found to have violated the FDCPA above and beyond the customary individual and statutory damages awards for such violations. Under this section, the additional damage awards are not to exceed the […]

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Engineering Services Are Lienable Improvements Even in the Predevelopment Phase

The Illinois Supreme Court recently reversed a 3rd District Appellate Court decision and extended protection to design professionals under the Illinois Mechanics Lien Act (the “Act”). The Court decided that an engineering firm’s predevelopment services supplied to an unfinished real estate project were still lienable under the Act, even though the services did not actually […]

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ILLINOIS COURTS DETERMINE THE DIFFERENCE BETWEEN “PAY-WHEN-PAID” AND “PAY-IF-PAID” CONTRACTUAL LANGUAGE

In 2006, Lake County Grading Co. was contracted by FCL Investors, Inc. (“FCL”), to excavate and install a sewer line for a development in Northbrook, Illinois. FCL was previously hired by Northshore Center THC to be the general contractor for the development after taking out a mortgage to develop the property. After submitting and receiving […]

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ILLINOIS APPELLATE COURT CLARIFIES THE MINIMUM CONTACTS REQUIRED TO COLLECT STATE SALES TAX

Out of state companies can sometimes be exposed to liability for failing to collect sales tax on internet and catalog sales to Illinois residents. A recent Illinois appellate decision, The People ex rel. Beeler, Schad and Diamond, P.C., v Relax the Back Corp., 2016 IL App (1st) 151580, sheds light on what type of connections […]

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The New Wave of Minimum Wage Laws in Cook County

On October 26, 2016, the Cook County Board of Commissioners passed an ordinance increasing the minimum wage in suburban Cook County. It is a tiered increase that will begin on July 1, 2017, and will increase by a dollar each year until 2020. After 2020, the increases will adjust with the rate of inflation. Thus, […]

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Illinois Supreme Court Preserves the Right to a 12-Person Jury

On the eve of former Governor Pat Quinn’s last day in office, the Illinois General Assembly passed a law that raised the daily pay rate for jurors. However, the law also provided that the size of juries in Illinois should be halved, from 12 jurors to just 6.[1]  While much of the legal community applauded […]

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Illinois Statute Tolls Time to File Insurance Claims

Many insurance policies limit the time an insured can bring a suit against its insurance provider. Generally speaking, these clauses prevent the insured from bringing a lawsuit against the insurance company if the suit falls outside of the timeframe allowed by the policy. However, Illinois has passed a law that may allow claims to proceed […]

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“Occurrence” Must Damage More Than the Project Itself to Trigger Insurer’s Duty to Defend

Under a commercial general liability policy, does an insurer have a duty to defend its insured when the insured’s work damages property that was outside the scope of work to be performed by the insured? This question has been asked many times, but was, until recently, unanswered under Illinois law. In the recent case of […]

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Are Daily Fantasy Sports Legal in Illinois?

With the cool breeze of fall comes pumpkin spice lattes, scarves, and, of course, football. Like all sports, football also brings gambling. However, the rise of internet gambling and fantasy leagues has spawned a new twist to sports betting: daily fantasy sports. Federal law and several state laws currently exempt season-long fantasy sports games that […]

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