Restrictive covenants in job contracts help protect a company’s business. For most workers, these rules stop them from competing with their old employer or taking clients right away. But executive restrictive covenants are different. They get special treatment because...
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Business and Commercial Law
3 types of restrictive covenants every business owner should know
Imagine you spent years building your business from the ground up, only to watch a key employee leave and take your trade secrets to a competitor. Restrictive covenants can prevent this situation. These legal clauses set clear boundaries for employees and business...
Is Your Business Staying Current With COVID-19 Workplace Policies?
Running a business during the COVID-19 pandemic is difficult – and made even more so with the entry, stay, repeal, and revision of government-implemented regulations. On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published an...
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...
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...
Tomlinson & Shapiro Wins Trial for Clients to Protect Ownership and Control of a Technology Company
When the documents addressing corporate governance and ownership are not clear, disputes inevitably follow. That is what happened to a successful technology company based in DuPage County. A high-level executive left for new opportunities and shortly after claimed he...
Tomlinson & Shapiro Wins Temporary Restraining Order Freezing Bank Accounts
Cyber security threats lurk in all aspects of modern business. It is important to have knowledgeable counsel when a problem develops. Recently, one of our clients had their email hacked in an attempt to misdirect hundreds of thousands of dollars of customer payments....
Tomlinson & Shapiro Wins Trial to Deny Bankruptcy Discharge and Protect Clients’ Claims
When individuals declare bankruptcy, their creditors are often left without meaningful recovery. That is not always the case when it is possible to argue that the debtors are not entitled to the protections of bankruptcy law. Following a bench trial in the United...
Tomlinson & Shapiro Wins Lawsuit over Control and Ownership of a Fifth Generation Family-Owned Manufacturer
Tomlinson & Shapiro attorneys Michael Tomlinson, and Michael Shapiro recently won a lawsuit on behalf of the owner of a manufacturing business that had been owned by his family for five generations. The case was litigated in circuit court in DuPage County....
Major Revision to the Illinois Limited Liability Company Act
In July 2017, the Illinois LLC Act underwent a variety of substantive changes affecting everything from how an LLC is organized with the Illinois Secretary of State to the ability of its of members to disclaim certain fiduciary duties. The following is a list of some...
