It is easy for a company to claim to have the exclusive right to distribute products in certain territories; however, it is much more difficult to plead and prove such claims. Often, companies claim exclusive sales territories without a legal basis to do so in an...
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Year: 2021
Breach of Fiduciary Cases Still Require Specific Proof of Damages
An officer or executive employee of a company usurps a business opportunity or misuses funds. Most clients assume this is an open-and-shut case of breach of fiduciary duty. Two recent decisions from the Illinois Court of Appeals serve as a reminder that proving...
Will the Non-Compete with my Independent Contractor be Enforceable and Should I Even Have One?
Clients often wonder whether they can restrict a consultant, independent sales representative, or other independent contractor from working for a competitor after the independent contractor agreement has terminated. In Illinois, if a company grants its employee access...
Your company’s trade secrets are vitally important. Protect them.
What distinguishes you from other commercial rivals competing for business across the Chicago metro area? Sustained business tenure and profitability for any Chicagoland enterprise owes to a combination of interrelated factors. If you are successful, you undoubtedly...
Can a company prevent former employees from working elsewhere?
Certain positions within an organization require the disclosure of proprietary information that, if leaked, could potentially harm a company’s future. In situations like these, a non-compete agreement can help protect business interests. Meanwhile, experience can be...