Articles Posted in Uncategorized

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The new iPhone X uses facial recognition instead of a thumb print.  That is cool, right?ransomware-300x211

Not so fast.  Facial recognition software is just one of a group of metrics that is referred to biometrics, which includes facial scans, fingerprints and iris scans and all verification or identification data excluding the individual’s name and demographics.   And there are serious privacy concerns with the use of this biometric data.

What makes this more interesting is that Illinois has a very strict law about the use of this data.   The Illinois Biometric Information Privacy Act was adopted in 2008 and requires companies using biometric data to get the consumer’s consent to use the data and to explain how it will be used and how long the data will be retained.  And, it gives consumers the right to sue the companies for using the biometric data.   It is this penalty which is promoting a number of suits that have been filed in Illinois regarding the use of the biometric data.

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https://www.businessattorneychicago.com/files/2017/11/agreements11.1.17.jpg
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.

To prove the point, the Illinois Attorney General filed a suit in October against a payday loan company (Check Into Cash) because the employer required all store employees, including those making under $13 an hour, to agree to a one-year non-compete.  The suit alleges that the non-compete prohibits all store employees from working “directly or indirectly . . . as an employee, officer, consultant, or in any other capacity, for any individual, firm or entity, which provides deferred presentment, deferred deposit, and/or any other payday advance services, . . . and/or any other consumer lending services or https://www.businessattorneychicago.com/files/2017/11/11.1.17-1-300x150.jpgmoney services.”  The suit contends that the non-compete in question: (1) prohibits employees from working within 15 miles of any Check Into Cash location, not just the store the employee works in; (2) prohibits employees from working for any company that directly or indirectly provides consumer lending services, regardless of whether that company competes with Check Into Cash; (3) applies equally to all store employees, regardless of position or time spent with the company; and (4) applies to employees who make less than $13 an hour.  See: http://www.illinoisattorneygeneral.gov/pressroom/2017_10/20171025d.html

Employers should review their non-compete agreements to ensure compliance with Illinois law.  All restrictive covenants should: (1) be supported by adequate consideration; (2) narrowly tailored, in time, activity, and geography, to protect the employer’s legitimate business interests; and (3) not apply to low-wage employees as defined by the Freedom to Work Act.  If the employer is concerned about a low-wage employee’s exposure to trade secret information, they should also consider other means of protection, such as confidentiality agreements.

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Can Student Loans Ever Be Discharged?

Yes, and there’s a new tool to help bankruptcy lawyers deter29905732 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, student loans can be discharged if the debtor can prove an “undue hardship,” which usually means you’re living in poverty and not likely to escape any time soon.

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Are Threats on Social Media Protected Free Speech?internet_freedom_3-300x124

In our information age – the Age of Google, you might say – everybody knows that free speech is protected by the first amendment.  And many believe that one can say whatever one wants on social media.

THIS IS SIMPLY NOTE TRUE – and that is not an alternative fact!  Free speech does have limits, and threats to others are not protected speech.

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2016 Tax Bills Coming Soon: Here’s What You Can Expect

The Cook County Clerk recently published 2016 property tax rates.  This is the final step in the billing process.  Second installment

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2016 tax bills will be mailed by the end of June and will be due on August 1, 2017.  Here are some notable facts that will affect this year’s tax bills.

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How We Operate Our Business is ChangingTime-for-Change-300x200

The technological revolution that has enveloped our society has made technology an important part of our lives.  The use of computers and information technology has become an integral part of business, and it is doubtful there will ever be a return to traditional methods of conducting business.  The efficiency to conduct business, to provide products and services at a faster, more efficient rate, has radically changed how we do business.  Effective use of technology can be helpful to every business, large and small.

This trend towards increased use of technology will not diminish and will only increase.  Technology is affecting the way you work and where you work. With the rise of mobile and cloud computing, business owners can work and manage their  businesses from anywhere. For example, 50% of workers check email on the weekends and 34% check email while on vacation? The good news is that technology has increased our productivity by over 400% since 1950.

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George Bellas Business Lawyer
The new drone toy you got for Christmas comes with some heavy federal issues.

When the Federal Aviation Administration established guidelines and licensing procedures for how commercial businesses and operators were permitted to use drones two years ago, the technology’s user base was mostly comprised of two groups: first responders, and photographers and other media types.

The guidelines and procedures laid down sufficed at the time for the purposes of those users; however, during the past two years, drones have become significantly more common in a wider array of industries like agriculture, utility maintenance and professional sports – not to mention the recreational users.

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Aerial-fall-Lincolnpark-300x158Blockchain and Chicago Businesses

In September of 2015, the Global Agenda Council on the Future of Software and Society’s World Economic Forum[1] predicted that by 2025, 10% of GDP will be stored on blockchains or blockchain related technology.  If you are a Chicago business owner and you are unsure what that means or how it might affect your company, you want to speak to a Chicago business attorney as soon as possible to learn all that you can about this rapidly growing technology.

What Is Blockchain Technology?

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equitycrowdfundingEquity 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 an annual income of at least $200,000 or a net worth of more than 1 million, not including the value of a primary residence. Although the 2012 federal Jumpstart Our Business Startups Act[1] (JOBS) provided for non-accredited investors, the Securities and Exchange Commission (SEC) did not authorize equity crowdfunding to begin until May 2016.

Since that time, Article III of the JOBS Act has seen 49 successful offerings with 11.5 million dollars committed according to a November 17, 2016, Forbes report[2] on the state of equity crowdfunding. While the report suggests that the large majority of startups are not yet using non-accredited crowdfunding under Title III, it is anticipated that equity investment platforms will see tremendous growth moving forward.

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