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Corporate Law DepartmentsThe newsletter of the ISBA’s Corporate Law Departments Section

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Newsletter articles from 2010

3 ways your business can run afoul of tax authorities By Gregory A. Zbylut September 2010 Steer clear of these minefields and you may have fewer tax-related headaches.
Are your computer employees exempt from overtime? By Betsy Johnson August 2010 The consequences of misclassifying an employee under the Fair Labor Standards Act can be very significant to employers’ business models and can be very costly.
Beware of the newly enacted Illinois Employee Credit Privacy Act By Peter A. Steinmeyer and Mark M. Trapp October 2010 The recently enacted Illinois Employee Credit Privacy Act prohibits most Illinois employers from basing employment decisions or benefits on an applicant’s or employee’s personal credit information.
Changes in Illinois corporate political activity laws By Ryan Gammelgard April 2010 This article explores the major changes and court challenges to the Illinois lobbying law, changes to the Chicago lobbying law, changes in the Illinois “Pay-to-Play” law, and changes in the Illinois Procurement Code that are effective this year.
A commentary on guns at work By Jim McGrath February 2010 Today Illinois and Wisconsin are the only states that do not permit some form of carrying a concealed firearm, and each year bills are introduced in the Illinois legislature that would permit concealed carrying, but have not yet seen the light of day. But, in March 2009, more than 5,100 gun owners marched in Springfield to demand a right to carry a concealed weapon, and plan on doing it again in March 2010, and until a law is finally passed.
Company whisteleblowers get new incentives and protections By Gregory G. Thiess December 2010 The recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act extends Sarbanes-Oxley whistleblower protections to some private companies.
Credit history pre-employment checks proscribed by new Illinois Act By Frank M. Grenard September 2010 The Credit Privacy Act, effective January 1, 2011, prohibits employers from, among other things, ordering a prospective employee's credit report and using it as a reason not to hire.
Drafting enforceable non-competition agreements in Illinois By Peter A. Steinmeyer and Jake Schmidt May 2010 Read the author's six practical steps to improve the odds that a court will enforce a non-competition agreement.
Employee benefits in a multi-generational workplace By Michelle Capezza December 2010 Thoughtful planning will enable any company to motivate and reward its diverse workforce with valuable benefits that will keep the workers happy and the company’s productivity goals on target.
Employee Benefits update By Bernard G. Peter June 2010 Recent developments relating to employee benefits.
The Erie rule as applied in Gacek v. American Airlines, Inc. By Zeke McCartney October 2010 The court in Gacek held that when a retaliatory discharge case governed by state law is litigated in a federal court, the federal court must apply the state standard to a motion for summary judgment.
The HIPAA hurdle trips up attorneys By Elliott C. Bankendorf and Melaina D. Jobs June 2010 Newly signed federal legislation requires that more entities than ever before deal with HIPAA issues during litigation.
The Impact of Health Care Reform in 2010-2011 By Bernard G. Peter June 2010 A discussion of legislative changes that will affect employers and employer-sponsored group health plans beginning 2010 and 2011.
Incentive compensation considerations for technology companies By Michelle Capezza February 2010 This article highlights some of the most common types of awards used in the technology industry today to motivate and/or retain highly-skilled workers.
Legal Ethics in Corporate Law CLE—May 14, 2010, Chicago April 2010 Register now for this important CLE program.
Licensing: The simplest form of collaboration is not so simple By William H. Venema August 2010 A discussion of the complex issues involved in licensing another's property.
Retailer crowd control—OSHA steps into the picture By Frank M. Grenard February 2010 In 2008, a Wal-Mart employee died after being knocked down and trampled by a crowd of “Black Friday” shoppers in New York. In July of 2009, the Occupational Health and Safety Administration (“OSHA”) cited Wal-Mart, claiming it should have foreseen the possibility that crowds of shoppers could crush employees and it proposed a $7,000 fine, the maximum penalty amount for a serious violation.
So you think you might want to go public someday By Lola Miranda Hale September 2010 Addressing the issues presented in this article will assure that your company is not only ready but positioned to succeed regardless of whether the decision to go public is ultimately implemented.
U.S. charities and international philanthropy: What you need to know By Stephanie J. Bagot May 2010 U.S. charities should carefully evaluate their policies and procedures to ensure they comply with IRS and Federal counter-terrorism regulations.
“What’s in a name …”—The importance of properly classifying “independent contractors” By Betsy Johnson April 2010 Studies have shown that companies can save as much as 30% of payroll and related taxes by classifying workers as independent contractors.
Workplace time bombs By Peter LaSorsa August 2010 The author addresses two common workplace "time bombs" that could potentially explode into lawsuits for the employer.