Business Advice and Financial Planning

House Bill 2599

Topic: 
Appearances by corporate officers

(Mazzochi, R-Westmont) amends the Counties Code to authorize a corporation or limited liability company to appear at an administrative hearing proceeding through an officer, a board member, a shareholder with a controlling interest in the corporation, a shareholder of an S Corporation, a member of an limited liability company, or a person with a Master of Laws degree. Applies to counties with more than three million residents. It has been assigned to House Rules Committee

Crest Hill Land Development, LLC v. Conrad

Illinois Appellate Court
Civil Court
Contracts
Citation
Case Number: 
2019 IL App (3d) 180213
Decision Date: 
Friday, February 8, 2019
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
CARTER

Plaintiff filed suit to quiet title and for slander of title as to an industrial park that Plaintiff had developed. Defendant counterclaimed for money he was allegedly owed pursuant to a novation and joined as 3rd party Defendants certain entities that had purchased a portion of the property from Plaintiff or that had otherwise acquired interest in property after Defendant recorded the novation. After bench trial, court rule in Defendant's favor on all claims. Court's ruling that novation was valid was well-supported by the evidence; it substituted Plaintiff as debtor, and also changed some terms of payment, and was agreed to by all 3 parties involved. Consideration for novation was Defendant's extinguishment of the old debt in exchange for Plaintiff's promise to pay the new debt. (HOLDRIDGE and LYTTON, concurring.)

Senate Bill 220

Topic: 
Condominium Property Act

(Murphy, D-Des Plaines) must first provide the unit owner a minimum of 20 days' written notice and an opportunity to be heard before the board may levy a fine. It also requires that the written notice must be made in compliance with the Act. The notice and opportunity to be heard requirements apply only to the ability to levy fines, and nothing contained in the new provisions limits or restricts the ability of the board to pursue or enforce the rights of the association. Provides that the association has no authority to report adverse information to a credit reporting agency or initiate collection proceedings against a unit owner for unpaid fines unless the board of managers has first complied with the notice and hearing requirements. Senate Bill 220 has been referred to the Committee on Assignments before being sent to a substantive Senate committee. 

House Bill 832

Topic: 
Vacancy Fraud Act

(Martwick, D-Chicago) allows a taxing body or its representative to file a vacancy-fraud complaint with the county board of review if the property is receiving vacancy relief and the property owner is not actively attempting to lease, sell, or alter the property. It sets forth factors in determining whether vacancy fraud has occurred and its penalties. House Bill 832 was just introduced. 

Senate Bill 30

Topic: 
Workplace Transparency Act.

(Bush, D-Grayslake) creates the Workplace Transparency Act. It provides that employers may not require an employee or prospective employee to sign a nondisclosure agreement that contains any provision that has the purpose or effect of limiting the disclosure of sexual misconduct, retaliation, or unlawful discrimination; suppressing information relevant to an investigation into a claim of sexual misconduct, retaliation, or unlawful discrimination; impairing the ability of any person to report a claim of sexual misconduct, retaliation, or unlawful discrimination; or waiving a substantive or procedural right or remedy of any person relating to a claim of sexual misconduct, retaliation, or unlawful discrimination. Makes such agreements void as against public policy and unenforceable, and that agreements that contain such provisions but entered into before the effective date of the Act are voidable by a party who entered into the agreement under specified circumstances. Senate Bill 30 was just introduced. 

House Bill 252

Topic: 
Human Rights Act

(Guzzardi, D-Chicago) amends the Illinois Human Rights Act to provide that that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. House Bill 252 was just introduced. 

House Bill 29

Topic: 
Condos and common interest community associations

(Thapedi, D-Chicago) amends the Common Interest Community Association Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State with respect to amendments to the community instruments and accounting practices.

It also amends the Condominium Property Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State with respect to an association’s budgeting practices, sale of property, notice requirements, contracts with board members, voting procedures, property-improvement procedures, accounting practices, collection and sharing of records, amendment to the condominium instruments, and subdivision or combination of units.

Both parts of the bill specifically reference Public Act 100-292. House Bill 29 was just introduced.

Windy City Limousine Company LLC v. Sal Milazzo

Illinois Appellate Court
Civil Court
Contempt
Citation
Case Number: 
2018 IL App (1st) 162827
Decision Date: 
Thursday, December 20, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
BURKE

Plaintiff sued Defendants alleging misappropriation of its confidential information which they then allegedly used to create a competing transportation company. Court entered agreed order, granting Plaintiff a temporary restraining order, barring Defendants from using, accessing, or distributing its confidential information. Court properly dismissed Plaintiff's petition for indirect criminal contempt and denied its motion to reconsider. Petition failed to set forth allegations specifically and definitely and thus, as a whole, failed to sufficiently inform them of nature of charges against them. Defendants could not expect than action they admitted to in agreed order would later form basis of a contempt charge.(REYES, concurring; GORDON, specially concurring.)

Rico Industries, Inc. v. TLC Group, Inc.

Illinois Appellate Court
Civil Court
Contracts
Citation
Case Number: 
2018 IL App (1st) 172279
Decision Date: 
Thursday, December 27, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
GORDON

Parties entered into agreement in which Defendant was to be exclusive sales representative of Plaintiff's products sold to Walmart. Plaintiff later sought to terminate agreement, and filed declaratory judgment complaint. Agreement was terminable at will as it was of indefinite duration. Court properly granted summary judgment for Plaintiff as to alleged violation of the Illinois Sales Representative Act in Defendants' counterclaims seeking unpaid commissions, on basis that Defendant was unable to prove its damages. Court properly granted summary judgment for Plaintiff's on Defendant's procuring cause claim in its counterclaim. Court properly granted Plaintiff's Section 2-615 motion to dismiss as to remaining counts of Defendant's counterclaims. (REYES and BURKE, concurring.)