Section Newsletters

Articles on Corporate Law

A Plaintiff in a Suit Under 12.56 of the BCA Must Be a Shareholder By Kevin Stine Corporate Law Departments, December 2022 You must be a current shareholder to file a lawsuit under 12.56 of the Business Corporation Act and for breach of fiduciary duty that is a derivative action.
Preparing for Privacy: New State Privacy Laws Effective in the New Year By Kelly Carter Corporate Law Departments, December 2022 In the continued absence of United States federal privacy law for the private sector, states are pushing forward to establish a data privacy framework in the U.S.
Tips for the Corporate Law Department from the ISBA CLE: Data Protection and Security Practices for Lawyers and Their Firms By Margo Lynn Hablutzel Corporate Law Departments, September 2022 A summary of a recent Corporate Law Departments Section Council CLE program.
Illinois Supreme Court Eliminates Another BIPA Defense By Joseph A. Strubbe, Brian W. Ledebuhr, & Zachary J. Watters Corporate Law Departments, February 2022 The Illinois Supreme Court rejects Illinois Workers’ Compensation Act pre-emption as a defense to Biometric Information Privacy Act actions by employees for statutory damages.
Significant Pay Reporting Requirements to Take Effect in the New Year for Illinois Employers By Michelle Olson & Ryan Probasco Corporate Law Departments, January 2022 Amendments to the Illinois Equal Pay Act require larger Illinois employers to apply for an equal pay registration certificate with the state. Employers are advised to act promptly to remedy any pay inequities in their workforce before their EPRC applications are due.
New Law Expands Prohibitions on Restrictive Covenant Agreements With Illinois Employees By Jonathan D. Lotsoff, Stephanie L. Sweitzer, & Patrick R. Duffey Corporate Law Departments, September 2021 Governor Pritzker signed new legislation on August 13 amending the Illinois Freedom to Work Act, which codifies certain existing common law principles and imposes new requirements that will greatly impact the enforceability of noncompetition and nonsolicitation agreements. 
Illinois Implements Substantial New Employer Obligations By Michelle T. Olson Corporate Law Departments, May 2021 Recent changes to Illinois law limit the use of conviction records in employment and require employers to report pay and diversity data to the state.
COVID Litigation: Predictions vs. Experience By Marcie Lape, Chuck Smith, & Amy Van Gelder Corporate Law Departments, April 2021 A look at the impact of COVID-19 on litigation one year in and tentative predictions for the near future.
ESG Considerations for U.S. Companies By David Kotler, Catherine Wigglesworth, & Samantha Rosa Corporate Law Departments, April 2021 Environmental, social, and governance investing is becoming a growing priority for issuers, investors, asset managers, and regulators in the United States, making it critical to understand the applicable legal and regulatory considerations.
Third Circuit Holds Triangular Setoff Provisions Unenforceable in Bankruptcy By Daniel M. Pereira Corporate Law Departments, April 2021 Contracting parties should take note of a recent precedential opinion by the third circuit holding that contractual triangular setoff provisions are simply unenforceable in bankruptcy.
California Superior Court Enforces Federal Forum Selection Provision Under California Law By David Kotler, Joshua D.N. Hess, & Brian C. Raphel Corporate Law Departments, October 2020 A California state court recently enforced a Delaware corporation’s bylaw requiring shareholders to bring federal securities claims under the 1933 Securities Act in an appropriate federal forum, demonstrating that courts outside of Delaware will enforce such provisions.
Individual Criminal Liability for Failure to Disclose Data Breach Establishes a New Level of Risk for Companies and Executives By Michael Ward, Devika Kornbacher, Branden Stein, & Elizabeth Matthews Corporate Law Departments, October 2020 Until recently, the criminal prosecution of company executives was not one of the expected consequences of not disclosing a breach.
Shareholder Litigation and COVID-19: Risks Facing Directors and Officers of Public Companies By Charles F. Smith, Matthew R. Kipp, & Matthew S. Rosenthal Corporate Law Departments, October 2020 Plaintiffs' attorneys have attempted to exploit the COVID-19 pandemic as an opportunity to bring securities fraud and derivative lawsuits against public companies. Directors and officers can mitigate litigation risk by addressing a number of disclosure and insurance-related items.
ISBA Corporate Law Department Section: Legal Minutes, Winter 2019-20 By Mark A. Spognardi Corporate Law Departments, February 2020 Summaries of recent legislation, cases, and other legal matters of interest to corporate law practitioners.
Corporate Law Department Section’s Legal Minutes: Summer-Fall 2019 By Mark A. Spognardi Corporate Law Departments, November 2019 Summaries of recent legislation, cases, and other legal matters of interest to corporate law practitioners.
Guide to Collecting Personal Information Under the California Consumer Privacy Act of 2018 By Donata Kalnenaite Corporate Law Departments, November 2019 A guide to help attorneys understand how their clients can collect the personal information of Client consumers through their websites while remaining in compliance with the California Consumer Privacy Act.
ISBA’s Corporate Law Departments legal minutes: Winter-spring 2019 By Mark A. Spognardi Corporate Law Departments, May 2019 Legal updates and case summaries of interest.
2019 U.S. Supreme Court labor and employment docket By Mark Anthony Spognardi Corporate Law Departments, February 2019 The U.S. Supreme Court is considering several important labor and employment cases in 2019.
Illinois Supreme Court upholds BIPA technical violations By Mark Anthony Spognardi Corporate Law Departments, February 2019 The Supreme Court of Illinois recently held that private entities can be held liable for monetary damages for technical violations of the Illinois Biometric Information Privacy Act.
Non-party response to subpoena for protected health information By R. Stephen Scott Corporate Law Departments, February 2019 If you represent, or you are a covered entity under the Health Insurance Portability and Accountability Act of 1996, you may find a party to litigation issues a subpoena for protected health information from your non-party client and wonder whether your client has any duty to respond.
Warning: Illinois Human Rights Act has new posting requirement By Mark Anthony Spognardi Corporate Law Departments, February 2019 An overview of how amendments to the Illinois Human Rights Act will affect employers.
Five tips for drafting privacy policies By Donata Kalnenaite, Esq. Corporate Law Departments, December 2017 If a website owner walks through your office door and requests that you draft a privacy policy, would you be able to help him or her?
Illinois Secure Choice Savings Program Act By Bernard G. Peter Business Advice and Financial Planning, October 2017 An overview of this Act, which requires most employers in Illinois to offer a retirement program or provide employees a payroll deposit retirement savings arrangement provided for by the Act as of July 1, 2017.
Illinois Secure Choice Savings Program Act By Bernard G. Peter Employee Benefits, September 2017 An overview of this Act, which requires most employers in Illinois to offer a retirement program or provide employees a payroll deposit retirement savings arrangement provided for by the Act as of July 1, 2017.
Piercing the entity veil: Vertical and horizontal; and the award of attorney fees in a case of first impression By Ariel Cutts & Charles W. Murdock Business and Securities Law, September 2017 In Steiner Elec. Co. v. Maniscalco, the court determined that a provision in the credit agreement between Steiner and Delta, the judgment debtor, was broad enough to encompass post-judgment attorney fees incurred in the subsequent veil-piercing action.
Illinois Secure Choice Savings Program Act By Bernard G. Peter Corporate Law Departments, August 2017 An overview of this Act, which requires most employers in Illinois to offer a retirement program or provide employees a payroll deposit retirement savings arrangement provided for by the Act as of July 1, 2017.
An initial call for more enhanced UDRP By Colin T.J. O’Brien Corporate Law Departments, August 2017 Since its launch on December 1, 1999, the Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) has been an effective tool to quickly remove domain names which infringe upon the trademark rights of others on the Internet.
Reminder: U.S. Citizenship and Immigration Services’ new digital form I-9 has taken effect By Jacob Hogg & Rebecca Mancini International and Immigration Law, May 2017 Employer representatives overseeing the employment eligibility and verification process must ensure that the new Form I-9 with the revision date of Nov. 14, 2016 is used for all new hires going forward.
USCIS to suspend premium processing service beginning April 3 By Rebecca Mancini & Jacob Hogg International and Immigration Law, May 2017 USCIS indicated that the temporary suspension will help them reduce overall H-1B processing times and to prioritize adjudication of pending petitions in a backlog. It is anticipated that the suspension will last for up to six months.
President Trump issues updated immigration order By Jacob Hogg & Rebecca Mancini Corporate Law Departments, March 2017 Foreign national employees who are from one of the listed countries should refrain from international travel for the duration of the ban – until June 14, 2017, or until further notice.

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