Publications

Section Newsletter Articles on Business Law

The curious history of resale price maintenance By Charles A. Stewart Business and Securities Law, May 2011 The agreement between manufacturer and retailer to set minimum prices eliminates, or at least dramatically restricts intrabrand competition among retailers of the articles and so is an obvious restraint of trade deemed illegal by the Sherman Act.
Recent developments in Swiss business law By Florian S. Jorg International and Immigration Law, May 2011 Developments of particular interest to international business law practitioners.
Regulation D securities offerings By Elizabeth A. Bleakley and James L. Kopecky Business and Securities Law, May 2011 A discussion of Regulation D and exemptions available under Rule 504, Rule 505, and Rule 506.
Case law developments Corporate Law Departments, April 2011 Recent cases of interest to corporate attorneys.
Establishing a corporate giving program By Leonard W. Sachs Law Office Management and Economics, Standing Committee on, April 2011 A look at Howard & Howard's corporate giving program, and some guidance for establishing your own.
Managing the risks of implementing cost savings in a challenging economy By Alan M. Kaplan and Frank J. Del Barto Business Advice and Financial Planning, April 2011 Because employment decisions may have a less-than-obvious impact on the company’s other operations, a company should consult with attorneys in other areas of practice for additional guidance.
Regulation D and other exempt securities offerings By Elizabeth A. Bleakley and James L. Kopecky Business Advice and Financial Planning, April 2011 A look at the various types of exempt securities transactions and the “Issuer’s Exemption” from registration as a broker-dealer.
Understanding securities issues for private companies By Elizabeth A. Bleakley and Howard Rosenburg Business Advice and Financial Planning, April 2011 A discussion of the issues a business will face when deciding to sell equity or debt securities.
Businesses “Like” what Facebook can do for them: A guide to drafting social media sweepstakes promotion terms By Erin E. Wright Business and Securities Law, March 2011 Sweepstakes promotions on Facebook are but one way to accomplish a business goal of widespread marketing likely to influence the greatest amount of individual consumers.
Fritzche v. LaPlante: Authorization procedures for corporate notes and leases By Charles W. Murdock Business and Securities Law, March 2011 The case demonstrates the importance to corporate counsel of familiarity with the Business Corporation Act in general, and of a particular corporation’s by-laws and board and shareholder minutes in particular.
All appropriate inquiries into land acquisitions By Gene Schmittgens Business Advice and Financial Planning, February 2011 Recently, two district court opinions have examined the Bona Fide Prospective Purchaser defense and what is required to maintain the defense: 3000 E. Imperial, LLC, v. Robertshaw Controls Co., et al., and Ashley II of Charleston LLC v. PCS Nitrogen, Inc.
Breach Notification Laws—What every business owner needs to know By Gary Zhao and Peter Maris Business Advice and Financial Planning, February 2011 For any multi-state or nationwide business, preventing information security breaches is most likely the easiest and cheapest way to comply with breach notification laws.
Case law developments Corporate Law Departments, January 2011 Recent cases of interest to corporate attorneys.
Checklist for third-party attorney opinions By Anthony J. Jacob Business and Securities Law, January 2011 A list of considerations and actions a lawyer should take when conducting the due diligence needed to issue a third-party opinion.
“Employer bashing” or “concerted action”: Consider your electronic use policy By Frank M. Grenard Corporate Law Departments, January 2011 An employee was recently terminated after posting complaints about her employer on her Facebook page, in violation, the employer claims, of its employment policy. What is too restrictive? What is appropriate? The case is scheduled for hearing on January 25th, 2011.
The ethics of outsourcing: An evolving necessity in the modern practice of law By Jason W. Mosley Business and Securities Law, January 2011 A discussion of the major ethical issues associated with domestically outsourcing legal work.
Case summaries By Elizabeth A. Bleakley Business Advice and Financial Planning, October 2010 Recent cases of interest to Section members.
3 ways your business can run afoul of tax authorities By Gregory A. Zbylut Corporate Law Departments, September 2010 Steer clear of these minefields and you may have fewer tax-related headaches.
Illinois Supreme Court opinion update By Elizabeth A. Bleakley Business Advice and Financial Planning, April 2010 Recent opinions from the Illinois Supreme Court.
Legislative update for 2009-2010 By Daniel A. Edelstein Business Advice and Financial Planning, April 2010 Relevant new legislation for the Business Law practitioner.
Corporate shell game shot down by the First District By Patti Gregory-Chang Administrative Law, January 2010 On September 1, 2009, the First District handed down a ruling in the case of Vino Fino Liquors, Inc. v. License Appeal Commission of the City of Chicago, No. 1-07-3269 (Ill. App. 9/1/2009) (Ill. App., 2009).
Executive bonuses By Douglas A. Darch Employee Benefits, December 2009 When an executive leaves her position midway through the performance measurement period for an annual bonus, is she entitled to a pro-rata share of the annual bonus?
Making business sense of building green in the Midwest By Christina Spicer Business Advice and Financial Planning, December 2009 Over the past couple of years, there has been a lot of talk about green buildings and the high costs associated with building to green standards.
The Importance of reviewing your Directors’ & Officers’ liability insurance policy By Lola Miranda Hale Corporate Law Departments, October 2009 This article highlights practical issues companies should consider in connection with their D & O policies and provisions relating to indemnification.
Advising your clients regarding their Unemployment Insurance Act obligations By Anthony R. Phelps Business Advice and Financial Planning, September 2009 Clients looking to form a new business are often surprised regarding the vast amounts of regulation controlling their new activities.
Case Note: Forsythe, et al. v. Clark USA, Inc. By Kevin T. Veugeler Tort Law, September 2009 In a case of first impression, the Illinois Supreme Court has recognized a cause of action against a parent company for the actions of its subsidiary that results in a workplace injury.
Succession issues By William T. Kaplan Business Advice and Financial Planning, September 2009 An overview of common succession issues that arise when advising small businesses.
Renegotiating debt? Beware of tax traps By Steven W. Swibel Commercial Banking, Collections, and Bankruptcy, August 2009 In a non-bankruptcy, noninsolvency context, debtors and creditors are often surprised that a debt modification that does not appear to reduce principal or the effective interest rate may nevertheless result in adverse tax consequences.
Do your corporate policies consider social media? By Mark F. Hoffman and Trenton C. Dykes Corporate Law Departments, July 2009 From blogs to Facebook to Twitter, the use of social media is exploding. Increasingly, public companies are turning to these digital media avenues to capture and direct public attention and boost sales.
Retained earnings of a family business: Income, asset, or both? By Rory Weiler Family Law, July 2009 Are retained earnings income (as it appears from the definition) or are they assets?