Managing the risks of implementing cost savings in a challenging economyBy Alan M. Kaplan & Frank J. Del BartoBusiness Advice and Financial Planning, April 2011Because 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 offeringsBy Elizabeth A. Bleakley & James L. KopeckyBusiness Advice and Financial Planning, April 2011A 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 companiesBy Elizabeth A. Bleakley & Howard RosenburgBusiness Advice and Financial Planning, April 2011A discussion of the issues a business will face when deciding to sell equity or debt securities.
Fritzche v. LaPlante: Authorization procedures for corporate notes and leasesBy Charles W. MurdockBusiness and Securities Law, March 2011The 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 acquisitionsBy Gene SchmittgensBusiness Advice and Financial Planning, February 2011Recently, 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 knowBy Gary Zhao & Peter MarisBusiness Advice and Financial Planning, February 2011For 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 developmentsCorporate Law Departments, January 2011Recent cases of interest to corporate attorneys.
Checklist for third-party attorney opinionsBy Anthony J. JacobBusiness and Securities Law, January 2011A 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 policyBy Frank M. GrenardCorporate Law Departments, January 2011An 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.
Illinois Supreme Court opinion updateBy Elizabeth A. BleakleyBusiness Advice and Financial Planning, April 2010Recent opinions from the Illinois Supreme Court.
Legislative update for 2009-2010By Daniel A. EdelsteinBusiness Advice and Financial Planning, April 2010Relevant new legislation for the Business Law practitioner.
Corporate shell game shot down by the First DistrictBy Patti Gregory-ChangAdministrative Law, January 2010On 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 bonusesBy Douglas A. DarchEmployee Benefits, December 2009When 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 MidwestBy Christina SpicerBusiness Advice and Financial Planning, December 2009Over 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.
Case Note: Forsythe, et al. v. Clark USA, Inc.By Kevin T. VeugelerTort Law, September 2009In 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 issuesBy William T. KaplanBusiness Advice and Financial Planning, September 2009An overview of common succession issues that arise when advising small businesses.
Renegotiating debt? Beware of tax trapsBy Steven W. SwibelCommercial Banking, Collections, and Bankruptcy, August 2009In 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 & Trenton C. DykesCorporate Law Departments, July 2009From 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.
The basics of trademarks and trade secretsBy Eugene F. FriedmanBusiness Advice and Financial Planning, June 2009Summaries of basic Trademark and Trade Secret concepts for the general practitioner.
Force Majeure as a risk allocation toolBy Mark A. Primack, Stanley R. Weinberger, & Michael D. KimCorporate Law Departments, June 2009While the “irresistible” forces of force majeure events include acts of God, they also typically include wars and insurrections and sometimes conventional commercial events such as labor disputes, supply interruptions and equipment failures.
Mergers and acquisitionsBy James A. NeppleBusiness Advice and Financial Planning, June 2009In a general practice setting, a discussion of Mergers & Acquisitions will focus primarily on acquisitions, since statutory mergers are, in this context, used primarily to change entity, change domicile, or otherwise change the nature of the entity, rather than to acquire other companies.
“Best practices” for officers and directors navigating the current economic crisisBy James A. Beldner, Richard Kanowitz, Scott L. Kaufman, & Ronald R. SussmanCorporate Law Departments, May 2009In light of the current economic environment, it is vital for officers and directors of all companies to understand their fiduciary duties and, in particular, the shifting nature of these duties when their company is operating in a distressed context.
Generating revenue streams in tough times (or at any time): Putting your intellectual property assets to workBy John AmbrogiCorporate Law Departments, May 2009In difficult economic times like these, many business executives and owners have their minds on the bottom line—streamlining processes, reducing overhead and trimming “fat” to maximize profitability. It is a highly useful effort, but some executives can get “tunnel vision” and overlook opportunities to create revenue streams. One of the most overlooked areas is a company’s intellectual property assets.
