Could Your Private Business Benefit from a Board of Directors?
While normally associated with large publicly-traded businesses, instituting a board of directors could significantly help your private or family-owned business achieve and maintain success. While “fiduciary boards” have a responsibility to protect and act on behalf of the shareholders for publicly-traded businesses, “advisory boards” evaluate business opportunities and provide non-binding advice to management for private-held
RFC Convinces NLRB That Union Use of Inflatable Rat is Illegal
In a case of first impression, the National Labor Relations Board (NLRB) issued a complaint asserting that a union’s use of an inflatable rat was an illegal attempt to pressure a third party not do business with the union’s intended target. The use of inflatable rats is notoriously associated with labor union protests, and descends
Rauner Expands Historic Preservation Tax Credit Program
In late July, Governor Rauner signed a bill expanding the River Edge Redevelopment Zone Historic Tax Credit. What was once limited to Aurora, East St. Louis, Elgin, Peoria, and Rockford will now be available statewide to promote employment and economic development. Created in 2012, the program offered a 25% state income tax credit for rehabilitating
Paid Sick Leave a Growing Trend
Running a business is becoming more expensive and complex for owners, and part of the problem is due to the growing number of state and local laws that mandate paid sick time. Despite these complications, more and more U.S. companies are actually offering paid sick leave to employees. In 2017, the U.S. Dept. of Labor
Non-Compete Clauses: Worthless if Overly Broad
A recent federal case in Chicago highlights the importance of drafting specific non-compete clauses that fully comply with Illinois law (or the law of any applicable state). In order to protect themselves, most business owners require their employees to sign non-compete clauses to prevent client-poaching by former employees. Unfortunately many of those clauses become worthless
You Don’t Need Big Law for Big Wins
People often think that bigger or more expensive law firms equal more quality work from the attorneys at those firms. One recent award to the Federal Deposit Insurance Corporation represented by a small boutique law firm proves otherwise. As you may remember, in 2009, Colonial Bank failed, and was scalded by the court for being
Supreme Court Ruling Deals Big Blow to Unions
Earlier this summer, the Supreme Court ruled that public workers do not have to pay union fees if they choose not to join the union, potentially poking a significant hole in the unions’ pockets. The 5-4 decision, which included a vote from recent appointee Justice Neil Gorsuch, reversed the legal precedent set in 1977 that
Jimmy John’s Not Liable for Franchisee’s Alleged Wage Violations
Jimmy John’s was able to escape a federal wage violation lawsuit last month freaky fast, in a suit that was a win for franchisors. The lawsuit alleged that Jimmy Johns was a joint employer of assistant mangers at Jimmy John’s franchises nationwide. The assistant managers also claimed they should not have been classified as overtime-exempt
Intentional Infliction of Emotional Distress Not Preempted By Workers’ Comp Act
A federal judge in Chicago recently allowed a woman’s lawsuit alleging intentional infliction of emotional distress against her employer to move forward, ruling that the claim is not preempted by the Illinois Workers’ Compensation Act. In Phillips v. Exxon Mobil Corp., Plaintiff’s lawsuit, brought under Illinois law (in federal court due to a federal claim in
Employees’ Privileged Communications Using Company’s Email Account Protected?
Are e-mails protected by attorney-client privilege when an employee communicates with their personal lawyer via their work-provided email address? Until recently, the answer seemed to be no, they are not protected by privilege. Attached to this rule however was the caveat that the company had to circulate a personnel policy explicitly warning that such communications