When a business hires someone, they have to determine if the worker meets the criteria to be classified as an employee or a contractor. This is more than a payroll detail because it impacts various benefits like taxes, wage obligations, unemployment coverage and...
Strategic Legal Guidance To Safeguard Your Business Interests
Employment Contracts
Are Illinois noncompetes still enforceable in 2026?
Employment noncompete agreements have become relatively controversial. Their widespread use may potentially have a chilling effect on job mobility for employees as a whole and can have a detrimental impact on earning potential for individual workers. Those who are...
Enforcing non-solicitation agreements through civil litigation
The more restrictions employment contracts impose on individuals, the greater the risk of their violating an agreement later. Employment contracts help protect against the possibility of misconduct with economic consequences in the future. Businesses have long relied...
Fiduciary duty and its legal implications
Fiduciary duty is a legal obligation that requires one party, the fiduciary, to act in the best interests of another party, the principal or beneficiary. Based on trust, confidence and loyalty, fiduciary duty involves various professional relationships, such as those...
How will a Trump Administration impact noncompete agreements?
The dust from the election is still settling, but it appears likely that President Donald Trump will be the next leader of our nation. With new leadership, often comes a change in laws that can have a direct impact on our economy. When it comes to businesses, one of...
The FTC votes to ban most noncompete agreements
On April 23, 2024, the Federal Trade Commission (FTC) by a 3-2 party line vote made a bold move that ended noncompete agreements in all but exceptional cases. These agreements have long prevented workers from moving to rival firms or starting similar businesses for a...
The purpose of a force majeure clause in a contract
Many Illinois contracts contain a force majeure clause. French civil law is the origin of force majeure, but that many jurisdictions worldwide now use the concept. The purpose of force majeure The purpose of force majeure is to relieve certain parties of their...
Non-compete mistakes employers should consider
Non-compete mistakes employers should consider Illinois businesses commonly require their employees or parties from whom they purchased a business to sign non-compete agreements. The contracts help companies protect trade secrets, client lists, and other critical...
Protect your proprietary information with a non-disclosure agreement
There’s a lot that goes into running a successful business. You probably have some sensitive information about your processes, recipes, designs or clients that would ruin or seriously harm your business if it were to fall into the hands of a competitor. With employee...
Business contracts: drafting, negotiating and enforcement is key
Launching and successfully operating a business in the Chicago metro area without clearly drafted contracts presents significant challenges. Business agreements should outline expectations, rights, and duties. Without clear contracts, a company may flounder. Indeed,...