Did someone say force majeure? COVID-19 Pandemic and Force Majeure clauses According to Black’s Law Dictionary, force majeure is defined as “An event or effect that can be neither anticipated nor controlled.” It is generally viewed as an unexpected event that prevents someone from doing or completing something that he…
Articles Posted in Contracts
Illinois Freedom to Work Act – Another Problem for Employers
The Illinois Freedom to Work Act, which prevents non-governmental employers from requiring that low-wage employees enter into non-compete agreements, has begun to impact case law in the past three years since it was enacted. Employers would be wise to take note. Chicago Business Lawyers The act, which defines “low-wage employees”…
The End of “Wholly Groundless Exception” in Arbitration Agreements
An arbitration agreement is a contract, in which two or more parties agree to settle a dispute outside of court. Usually, an arbitration agreement is a clause in a larger contract. The arbitration clauses are often subjects to hotly disputed litigation, stemming from the vague verbiage and possible inconsistencies with…
Illinois prohibits Non-Compete Agreements for Low Pay Employees
Under a new Illinois law, non-compete agreements must be premised on a legitimate business interest and narrowly tailored in terms of time, activity, and place. In addition, under the newly enacted Illinois Freedom to Work Act, employers are prohibited from entering into non-competes with employees who make less than $13/hour.…
Can Student Loans Ever Be Discharged?
Can Student Loans Ever Be Discharged? Yes, and there’s a new tool to help bankruptcy lawyers deter mine whether clients qualify Contrary to common perception, not all student loans can be wiped out in bankruptcy court. Although the Bankruptcy Code does protect federal loans and some private loans from discharge,…
Big Woes for Zillo
BIG WOES FOR ZILLO Zillo, the gigantic online real-estate database company, has a gigantic headache, legally speaking. It is currently the target of a class action lawsuit in Illinois. Zillow is the website that allows a person to search for properties for sale–properties located just about anywhere. And Zillow’s cornerstone feature–Zestimate–allows…
Driverless Cars: The Future of Product Liability Litigation?
DRIVERLESS CARS: THE FUTURE OF PRODUCT LIABILITY LITIGATION? Any business that will contribute to the production of driverless vehicles must give serious thought to the risk of products-liability lawsuits. And that includes suppliers, even of minor parts. We may think of driverless cars as a phenomenon of the future, but that…
Are Illinois Non-Compete Agreements Still Valid for Low-Level Employees?
Are Employee Non-Compete Agreements Still Valid for Low-Level Employees? Non-compete arguments are staple in every Chicago Business Lawyer’s legal arsenal and a necessary to protect a business under certain circumstances. A non-compete agreement, also known as a non-competition covenant or clause, is an agreement between an employer and an employee…
Cyberfunding
Equity Crowdfunding – The Future of Investing? While nearly everyone has heard of crowdfunding, the concept of equity crowdfunding is not as well known. For those Chicago business owners that are new to this developing area, prior to May 2016, crowdfunding was available only to accredited investors or those with…
Dental Offices Must Comply With New Overtime Regulations
Dentists face new problems with overtime for their employees. The Fair Labor Standards Act[1] (FLSA) sets forth standards for both minimum wages and overtime pay as well as record keeping for businesses. Whether your dental practice consists of two employees or a hundred employees spread across three office locations, federal…