News & Articles

In Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Nov. 21, 2013), the Illinois Supreme Court clarified a perceived tension between the Illinois Code of Civil Procedure and the Illinois Mortgage Foreclosure Law (“IMFL”).  Specifically, section 5/2-1301(e)[1] of the Civil Code allows the court to set aside a default judgment against any party before

On December 2, 2013—Cyber Monday—the Supreme Court declined certiorari to hear an appeal from two of the nation’s largest online retailers, Amazon.com and Overstock.com.  As is the tradition, the Supreme Court made no comment in its refusal to hear the appeal.[1]  The internet merchants were appealing a decision from the New York Court of Appeals,

In a move sure to please employers, the Fifth Circuit recently overturned the National Labor Relation Board’s ruling in D.R. Horton, Inc. v. NLRB.[1]  The case centered on whether an employer can require, as a condition of employment, an employee to waive his rights to pursue a class action complaint and instead to accept arbitration

In the vast majority of states, when an insurance company intends to deny a claim by its insured because the insured did not promptly notify the insurance company of a potential tort claim, the insurance company must show that it was prejudiced by the delay in or lack of notice. Illinois is one of only

Contracts rarely exist in a vacuum: successful business relationships usually beget more successful business, and a convenient method to nurture these relationships is to provide for such in the contract through an automatic contract renewal clause. Automatic renewal provisions, sometimes referred to as “evergreen clauses,” can be a helpful way to secure future business. They

A slow, yet improving economy has developed a trend of cautious optimism amongst middle market players in the mergers and acquisitions market.  A close look at trends, perceptions in the market and strategic avoidance of pitfalls prior to entering the market will glean fruitful transactions for middle market businesses in 2013. Acquisition vs. Organic Growth

Over the past few years, social media has become a dominate force in our every day lives.  Facebook, Twitter, Linkedin, Gmail and Gchat are just a few of the social media options that keep us connected with friends, family and now, co-workers.  While the use of social media in the work place has continued to

A 2012 ruling by the United States Supreme Court gave secured creditors worried about their collateral cause for celebration. Enacted in 1978, Chapter 11 of the Bankruptcy Code balanced the rights of competing creditors and provided financially distressed organizations with an equitable means for restructuring. It was drafted in an era where secured creditors enjoyed