One Big Beautiful Bill Act: Considerations for Charitable PlanningBy Philip M. PurcellCorporate Law Departments, September 2025A look at provisions of the One Big Beautiful Bill Act (OBBBA) and how this Act impacts income tax, estate tax, and other miscellaneous changes.
Responding To Work-From-Home Accommodation Requests in a Post-Covid EnvironmentBy Josh HeidelmanCorporate Law Departments, September 2025In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court.
One Big Beautiful Bill ActBy Aaron D. EvansCorporate Law Departments, August 2025This article discusses the 2025 One Big Beautiful Bill Act, including tax cuts, increased basic exclusion amount, SALT limitations, tax-deferred investment accounts, 529 plans, limitations on charitable deductions, and Pease limitations.
Why Volunteer on a Section Council?By Margo Lynn HablutzelCorporate Law Departments, August 2025Learn about the benefits of joining the Corporate Law Department Section Council!
Introduction to the Illinois Franchise Tax and Its Importance to Your CompanyBy Jordan Goodman & Jesse FeinsteinBusiness Advice and Financial Planning, July 2025The Illinois Franchise Tax is an extremely complex tax that places unique burdens on corporations conducting business in Illinois. Based on our experience, many corporations incorrectly calculate their obligations, leading to the over or underpayment of their tax liabilities. Neither of these scenarios is desirable, and as such, this article is designed to familiarize you with the basics of the Franchise Tax and reveal a few common problems we at Kilpatrick have identified and resolved over the years.
Legal and Regulatory Issues That Corporate Law Departments Should Monitor During the Remainder of 2025By Junaid Zubairi, Brooke Conner, & Paris MayfieldBusiness and Securities Law, July 2025This article explores the guidance from key government agencies, including the Securities and Exchange Commission (SEC), the Public Company Accounting Oversight Board (PCAOB), and the Department of Justice (DOJ), on what corporate law departments can expect for the rest of the year.
Legal and Regulatory Issues That Corporate Law Departments Should Monitor During the Remainder of 2025By Junaid Zubairi, Brooke Conner, & Paris MayfieldCorporate Law Departments, July 2025This article explores the guidance from key government agencies, including the Securities and Exchange Commission (SEC), the Public Company Accounting Oversight Board (PCAOB), and the Department of Justice (DOJ), on what corporate law departments can expect for the rest of the year.
Update on Status of Corporate Transparency ActBy Craig R. HedinBusiness Advice and Financial Planning, July 2025On March 21, 2025, FinCEN issued an interim final rule that removes U.S. entities from the definition of “reporting company” and added a new exemption to expressly exempt U.S. entities from the reporting requirements of the CTA.
Enforceability of Non-Compete Agreements in IllinoisBy Ariana Thao & Lawrence StarkCorporate Law Departments, June 2025Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Supreme Court Eases the Burden for Proving Reverse Discrimination ClaimsBy Rachel E. Bossard & Christine EduardoCorporate Law Departments, June 2025On June 5, 2025, the U.S. Supreme Court unanimously ruled that reverse discrimination claims under Title VII are held to the same standard as other discrimination claims. The Court found that plaintiffs like Marlean Ames, a heterosexual woman, don’t need to show special “background circumstances” to prove bias. This decision clarifies that Title VII protects all individuals equally, regardless of majority or minority status.
New Workplace Laws in 2025: What Employers Need to KnowBy Lindsay DreisCorporate Law Departments, May 2025Illinois has passed several new laws and made significant amendments to its key statutes governing employment that have gone into effect as of January 1, 2025. These modifications largely provide employees with broader protections and the ability to access documents concerning their employment as well as place more transparency requirements on employers.
Rural Illinois Data Center Boom: Landowners, Are You Ready?By Ruth RobinsonCorporate Law Departments, May 2025Tech companies, including Meta, are pressing into unexpected parts of the country, on the hunt for huge swaths of flat land that have access to natural gas and transmission lines. Sleepy parts of Illinois, with large tracts of farmland that have nearby infrastructure to support the huge electricity demand that data centers require, are being shopped right now. The boom is on.
Change Is Stirring at the Equal Employment Opportunity CommissionBy Rachel E. Bossard & Christopher E. KentraCorporate Law Departments, April 2025Shortly after the inauguration, the U.S. Equal Employment Opportunity Commission announced that President Donald J. Trump had named Commissioner Andrea R. Lucas Acting Chair of the EEOC. Lucas has served as an EEOC Commissioner since 2020, after being nominated by President Trump during his first term. During her tenure on the Commission, Lucas has written frequently about her views on challenging and emerging issues in employment and civil rights law, and to address what she believes are common misunderstandings about the law.
Multi-Factor Authentication is No Longer Optional for Legal ProfessionalsBy Brandon P. WoudenbergCorporate Law Departments, April 2025This article emphasizes that multi-factor authentication (MFA) is essential for legal professionals, not just a 'best practice.' It highlights the increasing cyber threats in the legal industry and the need for attorneys to protect clients' data. It offers simple MFA options and discusses the risks of not using this security feature. Ultimately, the minor inconvenience of setting up MFA is worthwhile for the protection it provides against data breaches, reputational damage, malpractice claims, and disciplinary issues.
Introduction to the Illinois Franchise Tax and Its Importance to Your CompanyBy Jordan Goodman & Jesse FeinsteinCorporate Law Departments, March 2025The Illinois Franchise Tax is an extremely complex tax that places unique burdens on corporations conducting business in Illinois. Based on our experience, many corporations incorrectly calculate their obligations, leading to the over or underpayment of their tax liabilities. Neither of these scenarios is desirable, and as such, this article is designed to familiarize you with the basics of the Franchise Tax and reveal a few common problems we at Kilpatrick have identified and resolved over the years.
Proposed Revision to IBCA Allowing Easier Removal of Cumulative VotingBy Margo Hablutzel, J.D., LLM, CISSPCorporate Law Departments, March 2025In its March meeting, the Corporate Law Departments Section Council considered proposals before the Illinois Legislature to eliminate the requirement that Illinois corporations chartered before July 1, 1971, obtain the unanimous consent of shareholders before eliminating cumulative voting. Currently, those companies can only eliminate cumulative voting for directors by a unanimous vote of shareholders, unlike other charter amendments that can be accomplished by a two-thirds majority. The reason this is specific to companies incorporated in Illinois before that date is not only due to the terms of the Illinois Business Corporation Act, but also to the Illinois Constitution.
Update on Status of Corporate Transparency ActBy Craig R. HedinCorporate Law Departments, March 2025On March 21, 2025, FinCEN issued an interim final rule that removes U.S. entities from the definition of “reporting company” and added a new exemption to expressly exempt U.S. entities from the reporting requirements of the CTA.
Items of NoteCorporate Law Departments, January 2025The Corporate Law Departments Section is planning a social gathering during the Annual Meeting in Lincolnshire on June 5 and 6 and a brief update on the JCAR Flinn Report.
Legal Issues That Corporate Law Departments Should Monitor During the First Half of 2025By James P. Looby, Michael R. Mulcahy, Michelle T. Olson, Liz J. Baxter, Michael D. Considine, Ariel M. Kelly, Alec E. Lybik, Jake W. Wiesen, Jack Goold, & Jade E. HannanCorporate Law Departments, January 2025This article discusses recent important developments in the areas of employment law, corporate disclosure requirements, Securities Exchange Commission examination priorities, and letter of credit sanctions that in-house counsel should assess and consider during the first half of 2025.
Amendments to Illinois Human Rights Act to Take Effect in 2025By Michelle Olson & Fernanda ContrerasCorporate Law Departments, November 2024New amendments to the Illinois Human Rights Act will take effect on January 1, 2025, which will prohibit discrimination against employees based on their reproductive health decisions and family responsibilities and expand the time in which to bring a claim.
Post-Election Privacy Priorities; What’s Next?By Kelly V. Carter, CIPPCorporate Law Departments, November 2024While Democrat and Republican legislators often spar over the economy, racial justice, immigration reform, climate change, law enforcement, international engagement, and a long list of other critical issues, this article explores some of the most impactful bipartisan bills federal legislators have worked together on to protect American’s human right to personal privacy.
The Corporate Transparency Act: A New Era of Business AccountabilityBy Nikhil A. MehtaCorporate Law Departments, October 2024The Corporate Transparency Act, which aims to enhance transparency among business entities by combating illicit financial activities and bolstering efforts by the federal government to prevent money laundering and other financial crimes, went into effect on January 1.
Federal Trade Commission: Non-Compete RuleBy Bernard G. PeterCorporate Law Departments, October 2024On April 23, 2024, the U.S. Federal Trade Commission issued a Final Rule banning Non-Compete Clauses in employee agreements nationwide with an exception for “senior executives” who have a Non-Compete which is in place prior to the effective date of the Rule.
OSHA Final Rule Impacting Employee and Union Rights During InspectionsBy Charles Palmer & Corissa PennowCorporate Law Departments, October 2024On April 1, 2024, the Department of Labor published its final rule regarding worker walkaround representative designation during an Occupational Health and Safety Administration inspection.
New Federal Reporting Requirement for Your Law Firm This YearBy Annette FernholzFamily Law, August 2024A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.