June 4, 2015
Employment Law Contract

“Perpetual” Contracts May Actually Be Terminable “At Will”

“Perpetual” Contracts May Actually Be Terminable “At Will” Be careful how your “perpetual” contracts are written or they could really be terminable “at-will.” The general rule in Illinois is that a contract “without a fixed duration” that does not clearly lay out an event that ends the business relationship—in other […]
June 1, 2015
Business and Commercial Law

Not All Debts Are Dischargeable in Bankruptcy

Not All Debts Are Dischargeable in Bankruptcy A debtor may not be able to discharge debts incurred through its agent’s fraud. The Federal Court for the Northern District recently reiterated that not all debts are dischargeable in bankruptcy. It has long been true that debts procured by way of fraud are barred […]
February 10, 2015

The Latest Chapter on the Enforceability of Non-Compete Agreements in Illinois

The Latest Chapter on the Enforceability of Non-Compete Agreements in Illinois New Illinois cases further muddy the waters for enforcement of non-compete agreements. Last year we told you about the case of Fifield v. Premier Dealer Servs., Inc., 993 N.E.2d 938 (Ill. App. Ct. 1st Dist.2013), in which the Illinois Appellate Court for the First District held that, absent other adequate consideration, an at-will employee’s […]
November 25, 2014

Seventh Circuit Invalidates Franchise Arbitration Provision

Seventh Circuit Invalidates Franchise Arbitration Provision One-sided arbitration provisions may now be unenforceable in Illinois. It is commonplace for franchise agreements to contain a dispute resolution provision requiring a franchisee to pursue claims against a franchisor through the use of private binding arbitration, as opposed to the judicial court system.  However, the […]
May 20, 2014

L&W Successes and New Matters

Lofgren & Wentworth, P.C.’s attorneys have been hard at work. Here are recent matters Rick and Charles have been handling: Rick and Charles established multiple new corporations and limited liability companies for clients starting businesses in the massage, insurance, actuarial, and real estate industries. Charles obtained summary judgment for his client, resulting […]
November 4, 2013
Best Practices Business Law

Illinois Mechanics Liens

Illinois Mechanics Liens If you’re not careful about how you pay your contractors, you could end up paying twice. Tom had been working for many years as a machinist, and wanted to open his own shop someday.  He had finally saved enough money to buy a small building and the […]
September 19, 2013

Illinois Employment Law Update

Illinois’ First Appellate District appears to change the rules for non-compete agreements. Small businesses routinely use non-compete agreements to lock down key employees and keep them from competing against their employers later on.  When drafted and executed properly, those agreements can be very useful tools for protecting your company’s client […]
September 18, 2013

Robbing Peter to Pay Paul

Robbing Peter to Pay Paul Comingling funds can have broad repercussions. Mary owned two small businesses. Through one she sold small trinkets and other novelty items. Through the other she was an event planner, helping people put together wedding and baby showers, as well as birthday and other kinds of parties. For various […]