Publications

Articles on Contracts

The Lawyer’s Journal

By Bonnie C. McGrath
October
2000
Column
Page 560
The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.

Covenant not to compete was held void as against public policy because it lacked specific durational and geographic restrictions

September
2000
Illinois Law Update
Page 500
On July 20, 2000, the seventh circuit court of appeals affirmed the district court's decision to grant summary judgment to the defendant.

Postnuptial Agreements in Illinois

By Laura Caldwell
August
2000
Article
Page 473
A review of the Illinois case law.

Suing Out-of-State Defendants in Illinois: Minimum Contacts after TCA, Ruprecht and Chalek

By Edward S. Margolis
August
2000
Article
Page 458
An analysis of recent cases that may affect the right to enforce business contracts in Illinois.

There must be common liability between the parties in a contribution claim

July
2000
Illinois Law Update
Page 380
On May 18, 2000, the Illinois Supreme Court reversed the appellate court's decision by dismissing a fourth-party complaint for contribution that was based solely on contractual liability when the fourth-party defendants were not parties to the contract in dispute.

Employee Noncompete and Nondisclosure Restrictive Covenants

By Paul R. Kitch
April
2000
Article
Page 230
A summary of Illinois law governing noncompete restrictive covenants, with tips for employers.

Drafting with Style

By Maureen B. Collins
March
2000
Column
Page 173
In the last two columns we looked at the drafting process and component parts of transaction documents.

Drafting Transaction Documents: The Pieces of the Puzzle

By Maureen B. Collins
February
2000
Column
Page 110
Assemble the standard provisions and create the picture of a well-done deal.

Creating a Document to Meet Your Client’s Needs

By Maureen B. Collins
January
2000
Column
Page 47
Drafting a seaworthy document requires more than pasting form provisions into place; you have to learn the facts and the law.

Drafting Contract Provisions for E-commerce Sites

By Richard C. Balough
January
2000
Article
Page 40
Tips for drafting contracts that govern the rights and obligations of e-commerce-site users.

Nonassignability Clauses in Commercial Leases: When is an Assignment Not an Assignment?

By John C. Murray
December
1999
Article
Page 658
This article discusses a Rule 23 opinion holding that a nonassignability clause in a lease does not prohibit the tenant's collateral assignment of its interest as security for a loan.

Modifying Contract Disclaimers in Employee Handbooks After Doyle v Holy Cross Hospital

By J. Stuart Garbutt and Joseph M. Friedman
November
1999
Article
Page 580
The Illinois Supreme Court ruled last year that merely allowing employees to continue work may not constitute consideration for unilateral modifications of employee handbooks. Here's how to deal with Doyle.

Reading Between the Lines of Doyle: When Is New Consideration Required?

By Tamara L. Vergara
November
1999
Article
Page 584
If a document does not alter the presumption of at-will employment, it may be beyond the reach of Doyle, this author argues.

Correspondence from Our Readers

June
1999
Column
Page 294
In their ably researched and written article on the parol evidence rule in the April Journal, Andrew R. Schwartz and Matthew R. Henderson succinctly summarize the rationale for the rule by posing the rhetorical question, "If the contract does not reflect the parties' agreement, why did they sign it?''

Resolving Contract Ambiguity: Parol Evidence Versus the Rules of Contract Construction

By Andrew R. Schwartz and Matthew R. Henderson
April
1999
Article
Page 204
The authors argue that courts should entertain parol evidence only as a last resort.

Unilateral modifications to an employee handbook that disadvantage an employee fail for lack of consideration

April
1999
Illinois Law Update
Page 190
On February 19, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court when it held that an employer may not unilaterally alter the terms of a contract to an employee's disadvantage in the absence of a reservation of the right by the employer to make such a change.

Advising Employers About Wrongful Discharge Under Illinois Contract and Tort Law

By David E. Krchak
March
1999
Article
Page 160
A primer on wrongful discharge, with an emphasis on employee handbooks and retaliatory discharge.

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