Author: Rock Fusco Connelly LLC
Finding Joint Ventures in the Facts, Not the Contract
In the complex world of joint ventures, companies often will attempt to work together, while avoiding the term of art of “joint venture” in order to avoid potential legal implications that may follow. Take, for example, a recent case involving Michael Hiatt, an employee of Western Plastics, flame-retardant plastic manufacture. While working on the plant,
The Importance of Compliance with the Davis- Beacon Act
Recently the 7th Circuit Court of Appeals upheld nine convictions against a subcontractor who had provided work on a state and federally funded highway project after it failed to comply with the Davis-Beach Act, (the “Act”). Clark Trucking and Excavation (“Clark”) was charged with knowingly making materially false statements on matters “within the jurisdiction of
First District Addresses Insurance Provider’s Right to Challenge Settlement despite Previously Forfeiting Its Right to Control Litigation
A recently decided First District Appellate case has provided clarity in regards to an insurance company’s ability to challenge settlements, particularly when an insurance company has already forfeited its right to control the litigation by reserving its right to deny coverage. In particular, Central Mutual Insurance Co. v. Tracy’s Treasures, Inc., 385 Ill. Dec. 904
Advising Asset Protection Plans
Avoiding creditors is a constant battle for debtors. In fact, the common practice of hiding cash under the mattress has given way to more modern methods such as protecting assets by placing them into trusts. Some states, including Alaska, Delaware, and Nevada, actually allow debtors to intentionally shield assets from the claims of creditors by
Chicago’s Minimum Wage Hike Takes Effect
As of July 1, 2015, Ordinance 02014-9680 became effective, which increased the minimum wage for employees in the Chicago to $10 per hour for non-tipped employees and $5.45 for tipped employees. The Ordinance provides for subsequent raises on July 1 of each subsequent year until the hourly minimum wage reaches $13 for non-tipped employees in
Recent First District Opinion Clarifies Standard For Piercing Corporate Veil As Well As Who May Be Held Personally Liable
A basic principle of corporate law, indeed the very reason why individuals incorporate or organizations create subsidiaries, is to insulate stockholders (whether corporations or individuals) from the corporation’s liabilities. However, this insulation from liability is not absolute. “Piercing the corporate veil” (“PCV”) is the legal doctrine that allows a plaintiff to hold the entities or
Illinois Implements Act Requiring Certain Small Businesses to Provide Retirement Plans to Employees
The Illinois Secure Choice Savings Program Act (“Act”) (S.B. 2758, Pub. Act 098-1150), which requires certain small businesses to implement retirement plans for employees, took effect on June 1, 2015. Here are just a few highlights of what Illinois employers need to know about the Act and how it will impact their businesses and employees
Employers’ Duty to Provide Reasonable Accommodations to Pregnant Employees: Recent Developments in Federal and State Law
On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on its interpretation and application of the Pregnancy Discrimination Act (“PDA”). Amongst other things, the EEOC’s guidelines relate to an employer’s obligation to provide reasonable accommodations to pregnant employees. The PDA was a 1978 amendment to Title VII of the Civil Rights
Advising Medical Marijuana Businesses
With the passage and implementation of the Compassionate Use of Medical Cannabis Pilot Program Act, Illinois stands to follow many other states on the path towards legalized marijuana use. However, despite allowing specific uses of marijuana, the federal government still identifies the possession, sale, and production of marijuana as illegal. While the U.S. Department of
When the Bubble Bursts: How Tech Start-Ups Are Hurtling Towards a Crash
At the turn of the 21st century, the internet had become a new market for individuals of all backgrounds and experience to begin online companies. Backed by venture capitalists and millions of dollars, dozens of internet companies such as Amazon, Yahoo, and Google were launched, and the dot-com era was born. These companies would go