Protection and Compliance under the Illinois Automatic Contract Renewal Act
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
2013Trending in M&A: Cautious Optimism in the Middle Market
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
Social Media In The Work Place: Should You “Friend” Your Co-Worker?
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 Victory for Secured Creditors
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
Rock Fusco & Connelly successfully defends municipality against claims of sexual harassment and retaliatory discharge.
On behalf of one of its municipal clients, the attorneys from Rock Fusco & Connelly, LLC defeated a lawsuit filed against it claiming sexual harassment and retaliatory discharge. On May 16, 2013, following a three-day bench trial, the United States District Court for the Northern District of Illinois entered judgment in favor of the municipality
Rock Fusco & Connelly secures a resolution to a putative class action matter pending in the federal district court with a zero net financial commitment from the firm’s client.
On behalf of one of the nation’s largest debt collection agencies, the attorneys at Rock Fusco & Connelly, LLC were able to secure a resolution to a putative class action matter pending in the federal district court with a zero net financial commitment from the firm’s client. The alleged class value was in excess of
The Slippery Slope of Indemnification Provisions in Construction Contracts
For individuals and contractors conducting business within the construction arena, it is critical to recognize and understand Illinois courts’ interpretation and application of indemnification and hold harmless clauses contained within comprehensive general liability insurance policies commonly implemented in construction settings. Specifically, while it is advantageous for a contractor to limit the extent of its liability
Restricted Access: What Employers Need to Know About the Computer Fraud and Abuse Act.
The Computer Fraud and Abuse Act was passed by the United States Congress in 1986, and was intended to help reduce the hacking of computer systems as well as to address federal computer related offenses. The Act, as it was implemented, was intended to govern cases with a compelling federal interest, where computers of the
Choosing a Proper Business Form for Your Small Business: Limited Liability Companies vs. S Corporations
As a business owner, limited liability should be one of your primary concerns. With limited liability, an owner’s personal assets are safe from the suits against the business entity. The advantage of limited liability is a clear reduction of risk on the part of an owner or shareholder. Historically, limited liability was available only in
“Abode Service” Constitutes “Personal Service” Under The Illinois Mortgage Foreclosure Law
In Metrobank v. Cannatello, 2012 IL App (1st) 110529 (January 9, 2012), the First District Appellate Court adopted a definitive standard for “personal service” in foreclosure cases. Section 5/15-1508(e)[1] of the Illinois Mortgage Foreclosure Law (“IMFL”) provides that a personal deficiency judgment may be entered for any balance of money that may be found due