Publications

Section Newsletter Articles on Corporate Law

The new tax on insurance premiums By Jennifer Hammer and Connie Beard Corporate Law Departments, December 2014 Public Act 98-0978 will become law on January 1, 2015, and may have a significant negative effect on businesses, not-for-profit organizations and municipalities who qualify as Industrial Insureds and utilize captive insurance companies or other non-traditional insurance arrangements.
Piercing the corporate veil—Should farmers care? By Jeffrey A. Mollet Agricultural Law, September 2014 Can the corporate veil be pierced to collect a judgment from a non-shareholder? This question was addressed by the Illinois Appellate Court for the First District in Buckley v. Abuzir.
Representing a corporation in state court—Redux 2014 By Patrick M. Kinnally Administrative Law, July 2014 Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings declares why a corporation needs a lawyer as a representative in our state courts as well as in certain types of administrative hearings.
Intellectual property indemnification—A licensee’s perspective By Mark Weis Corporate Law Departments, June 2014 One provision that a customer, or Licensee, should look for in technology agreements is the intellectual property indemnification clause.
Representing a corporation in state court—Redux 2014 By Patrick M. Kinnally Civil Practice and Procedure, May 2014 Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings declares why a corporation needs a lawyer as a representative in our state courts as well as in certain types of administrative hearings.
The dangers corporations face with assignments of intent-to-use trademark applications By Robert A. Cohen Intellectual Property, February 2014 The Lanham Act has strict rules for assigning intent-to-use trademark applications. A recent precedential TTAB decision confirms that these rules apply to assignments between independent companies, as well as parent-subsidiary families.
The dangers corporations face with assignments of intent-to-use trademark applications By Robert A. Cohen Corporate Law Departments, December 2013 The Lanham Act has very strict rules concerning the assignment of intent-to-use trademark applications. A recent precedential TTAB decision confirms that these rules apply to assignments between independent companies, as well as parent-subsidiary families.
Does a corporation need a lawyer in state court? By Patrick M. Kinnally Civil Practice and Procedure, December 2012 Unless you are in a small claims trial court, the Illinois maxim as to corporate representation is ambiguous.
Claims against dissolved corporations By Christine M. Kieta Corporate Law Departments, November 2012 The Illinois Supreme Court recently interpreted section 12.80 of Illinois’ Business Corporation Act in Pielet v. Pielet.
Developing an in-house CLE program By Ryan Gammelgard Corporate Law Departments, November 2012 This article provides a basic overview of the requirements for developing an in-house CLE program.
Illinois General Assembly cleans up business organization statutes By Scott M. Metzger Corporate Law Departments, November 2012 This article summarizes the changes to each statute affected by the Business Law Cleanup Bill to serve as a quick reference for businesses and their counsel.
Anti-Pretexting Statute By Michael R. Lied Labor and Employment Law, November 2007 Hewlett-Packard’s Chairman, Patricia Dunn, was allegedly upset about leaks to the media about the company’s long term strategic plans. Hewlett-Packard retained an outside firm to gain access to its directors’ phone records, believing that one or more directors were the source of the leak.
Case updates By Frank M. Grenard Corporate Law Departments, October 2007 There are a couple of opinions in this update list that are of particular note: The Illinois Supreme Court’s extensive review of Requests to Admit procedures....and the 8th Circuit’s decision that civil judgments related to sex discrimination are non dischargeable in bankruptcy.
Recent case updates By Frank M. Grenard Corporate Law Departments, September 2007 The following are summaries of recent interesting cases from the 8th Circuit Court of Appeals, the Indiana Appellate Court and the Supreme Courts of Iowa and Nebraska.
Treasury issues final regulations on Section 409A Executive and Deferred Compensation Restrictions By Brian M. Pinheiro, Barry L. Klein, and Mary J. Mullany Corporate Law Departments, May 2007 After months of anticipation, the U.S. Treasury Department has issued final regulations under Section 409A of the Internal Revenue Code.
Summary of additional cases By Raymond A. Fylstra Corporate Law Departments, January 2007 Recent cases of interest to corporate lawyers.
Summary of recent Illinois, Indiana, Iowa and Missouri cases By Frank M. Grenard Corporate Law Departments, January 2007 Recent cases of interest to corporate attorneys.
Fontana v. TLD Builders, Inc.—A primer on piercing the corporate veil By Charles W. Murdock Business and Securities Law, November 2006 In a case of first impression in Illinois, the Second District, in Fontana v. TLD Builders, Inc., held that a non-shareholder can be held liable when the corporate veil of a for-profit corporation is pierced.
Parent corporation liability for acts of its subsidiary By Charles W. Murdock Business and Securities Law, June 2006 When we think of the potential liability of a parent corporation for the acts of its subsidiary, we normally think of the situation in which the corporate veil of a subsidiary is sought to be pierced in order to hold the parent liable.
Do you know and practice the Upjohn warning? By Peter LaSorsa Corporate Law Departments, March 2006 In 1981, the United States Supreme Court, in Upjohn Co. v. United States, outlined important criteria for corporate counsel to utilize when determining the applicability of attorney-client privilege in connection with interviewing an employee of the corporation.
New tax rates call for new strategies: Subchapter C corporations face an enigma By Bart A. Basi and Marcus S. Renwick Federal Taxation, May 2004 Traditionally, C corporations have been subject to "double taxation" and tax planning was simple.
Comments in response to the American Bar Association Task Force on Corporate Responsibility preliminary report* By Lin Hanson Business and Securities Law, December 2002 A. Your Report. We often say, or think "You can't legislate morality." You said it in your report, § I.B., p. 10, "No set of legal rules or guidelines can guarantee that such active care will be achieved in practice."
Price discrimination may be covered By Stanley C. Nardoni Corporate Law Departments, September 2002 My article in last month's issue of The Corporate Lawyer mentioned that the personal injury provisions of umbrella liability policies often cover "discrimination."
Civil conspiracy—alive and well in Illinois By Frank M. Grenard Corporate Law Departments, May 2000 The Civil Conspiracy theory as it relates to corporate interactions is a mixture of criminal law, antitrust principals and a mistrust of trade information sharing