Section Newsletters

Articles From Frank M. Grenard

Institutional controls: The use of municipal ordinances and agreements as components of No Further Remediation Letters By Frank M. Grenard Environmental and Natural Resources Law, March 2012  As a municipal attorney, the lawyer has a responsibility to inform the decision makers of requests for institutional controls, what they are, how they would benefit or be detrimental to the community, and to assure that the municipality would not bear any additional financial loss or liability. By the same token, the attorney should assure that the municipality understands that the business/development community needs assistance in obtaining closure of environmental incidents, many of them relatively minor in scale but they result in tremendous roadblocks to projects.
The future of corporate structures: The Washington, D.C. approach By Frank M. Grenard Corporate Law Departments, November 2011 For better or for worse, what has started with the nation’s capital has the potential to reach the Illinois General Assembly’s eye and ear, particularly if it results in a significant attraction to companies to set up shop in a BOC-type jurisdiction.
“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.
Credit history pre-employment checks proscribed by new Illinois Act By Frank M. Grenard Corporate Law Departments, 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.
Software acquisitions beware! By Frank M. Grenard Legal Technology, Standing Committee on, March 2010 Due diligence must be used for consolidations, acquisitions, divestitures, and any other entity change which would result in a new legal entity becoming the user of the licensed product.
Retailer crowd control—OSHA steps into the picture By Frank M. Grenard Corporate Law Departments, 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.
Software acquisitions beware! By Frank M. Grenard Corporate Law Departments, December 2009 What rights does a successor corporation have in a software license? According to the US Court of Appeals for the Sixth Circuit, none without approval.
New and improved and available January 1, 2010: Transparency in government By Frank M. Grenard Corporate Law Departments, September 2009 On August 17, 2009, Governor Pat Quinn signed one of the most sweeping revisions of the Illinois Freedom of Information Act (5 ILCS 140/1) (the “Act”) since it was adopted in 1983.  
ABA formal ethics opinion: Ethics Counsel and Reporting. But what about Himmel? By Frank M. Grenard Corporate Law Departments, February 2009 On October 17, 2008, the American Bar Association’s Standing Committee on Ethics and Professionalism jumped into the somewhat muddied water of outside counsel disclosure requirements to its corporate clients in issuing Formal Opinion No. 08-453.
Case summaries By Frank M. Grenard Corporate Law Departments, February 2009 Recent cases of interest to corporate lawyers.
Prepare for their return before they go By Frank M. Grenard Corporate Law Departments, September 2008 This fall, the Illinois National Guard will send a combat brigade to Afghanistan to lead in the training and mentoring of the Afghan National Army and the Afghan National Police.
Case updates By Frank M. Grenard Corporate Law Departments, March 2008 Speight v. Walters Development. Implied warranty of workmanlike construction extends to subsequent purchasers (here third owners of home) who purchased home and discovered water damage and mold that allegedly resulted from defective roof and rain gutter construction.
Update of recent cases By Frank M. Grenard Corporate Law Departments, December 2007 Recent issues of interest to corporate attorneys.
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.
How to have a really bad day with the Seventh Circuit Court of Appeals By Frank M. Grenard Corporate Law Departments, January 2007 In a particularly “salty” and somewhat lengthy opinion, a semi-divided panel of the Seventh Circuit Court of Appeals warned that it is going to start hammering attorneys who do not dot the “i’s,” particularly after being told to do so.
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.
“Eek” and its not even Halloween: The new world of federal “e-discovery” By Frank M. Grenard Corporate Law Departments, September 2006 December 1, 2006 is fast approaching and with it the much anticipated and feared modifications to the Federal Rules of Civil Procedure which will formalize the process of mining “e-data.”
Early warning or too late: New development ordinances are in your future By Frank M. Grenard Corporate Law Departments, August 2006   While there are a number of requirements and volumes of regulations, the ones that this article intends to address are those which mandate the MS4s to enact ordinances which have an impact on property development and use.
The Series LLC—a brief update By Frank M. Grenard Corporate Law Departments, April 2006 In July of 2005, Illinois became the fourth state to allow the formation of a unique limited liability company, one whose usefulness is still unresolved.
Recent cases of interest to in-house counsel By Frank M. Grenard Corporate Law Departments, September 2003 New cases affecting corporate lawyers.
The Essential Formbook, Volume II, a review By Frank M. Grenard Corporate Law Departments, October 2001 Although it is billed as a "tool for lawyers," the second volume in the series prepared under the auspices of the American Bar Association's Law Practice Management Section would be better marketed to office administrators and advocates for changes in billing structures.
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
Book review: China Law Deskbook By Frank M. Grenard Corporate Law Departments, December 1999 If your company transacts, plans to transact, or is thinking about transacting business in or with the People's Republic of China ("PRC"), James M. Zimmerman's newly published treatise China Law Deskbook - A Legal Guide for Foreign-Invested Enterprises is a "must have, must read."
The Corporate Law Departments Section Web page By Frank M. Grenard Corporate Law Departments, June 1999 As you know, the Illinois State Bar Association has been working for months to improve the capability of its Internet site.

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