Category: Business Law
TCPA – Collectors Not Vicariously Liable For Text Messages
In a recent case concerning violations of the Telephone Consumer Protection Act (“TCPA”) a federal appellate court affirmed a ruling in favor of payday lenders and lead-generating vendors, holding that these defendants could not be held vicariously liable for the actions of a non-party “publisher” that sent a text message to numerous individuals on behalf
Illinois Nursing Home Hit with BIPA Claims
Here’s an example that the Illinois Biometric Information Privacy Act (“BIPA”) is not an idle threat. An Illinois nursing home was recently hit with a putative class action by employees who claim that daily biometric fingerprint scans violate their privacy rights under the law. The company on the defensive is Oak Park Rehabilitation & Nursing
OMG! Is That E-mail or Text Message You Regret Sending Discoverable?
What is a written documentation policy? It is a set of rules and procedures that guide how a company manages, distributes, and stores various documents related to a project. It is best practice for a construction company to have a written documentation policy as it not only protects a company for any future litigation, but
Indemnity Agreements in Illinois
Indemnity agreements often require precise language in order to specifically define the agreement’s parameters and avoid additional litigation of avoidable ambiguities or imprecisions within the agreements. An indemnity agreement is a contract that transfers risk from one party to another, and is mostly used in business or insurance contracts. In an indemnity agreement one party
Chicago: A Hub for Business Incubators
Business incubators are organizations geared at accelerating growth and success of either a startup or a company in its early stages. With entrepreneurship on the rise over the past few years, Chicago has become a hub for business incubators aimed at growing businesses, innovation, and economic development. Incubators in Chicago provide select businesses with centrally
United States Supreme Court Revisits Final Judgment Rule
During virtually every legal proceeding, in the back of the mind for every litigant and attorney, there looms a single word that is either loved or hated: appeal. Simply put, an appeal is a review of a lower court’s decision or decisions by appellate judges. However, not every decision warrants an appeal. Without delving into
Sports Betting Coming to Illinois?
Earlier this month, the U.S. Supreme Court took arguments in a case that will determine whether New Jersey will be allowed to offer betting on professional and college sports. One study has predicted that a chain reaction of sports betting legislation will take effect if the Supreme Court rules in New Jersey’s favor. The study,
Illinois Trying to Bring Back Collaborative Law
Collaborative law, or collaborative practice, is a process of voluntary dispute resolution that allows parties to settle without resorting to litigation. The practice has been used for about thirty years, and although it is most often used in family law disputes, it can also be helpful with probate issues or small business disputes. Starting January
Non-Compete Agreements and the Illinois Freedom to Work Act
One of the more commonly litigated aspects of the employer-employee relationship is the non-compete agreement. The Illinois Attorney General seems to be cracking down on employers that may be taking advantage of low-wage employees by signing illegal non-compete agreements (even if they are doing so unknowingly), especially in the context of the new Illinois Freedom
New I-9 Requirements
On July 17, 2017, the United States Citizen and Immigration Services (“USCIS”) announced the release of a new version of the Form I-9. The Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. This includes both citizens and noncitizens. Both the employee and the