The Corporate Lawyer

The newsletter of the ISBA’s Corporate Law Departments Section

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2012 Articles

Acquiring a family-owned business: The devil hides in the due diligence By John J. Tufano May 2012 Understanding the interplay between family desires and business decisions can help a buyer more thoroughly value the risks and benefits of acquiring a family-owned business.
Claims against dissolved corporations By Christine M. Kieta November 2012 The Illinois Supreme Court recently interpreted section 12.80 of Illinois’ Business Corporation Act in Pielet v. Pielet.
Cubanism: Cuba in commerce with the world By Joseph F. Locallo, Jr. May 2012 Is Cuba what it now appears to be, a country relinquishing some of its ideals imbedded in Communism and Socialism in order to prosper in a new world economy?
Developing an in-house CLE program By Ryan Gammelgard November 2012 This article provides a basic overview of the requirements for developing an in-house CLE program.
Employee benefit plans—The importance of classifying individuals By Bernard G. Peter October 2012 Sometimes employers categorize special or contingent workers as independent contractors when they may not meet the criteria to be an independent contractor.
Employer 401(k) plan and health care plan disclosures to be made in second half of 2012 By Bernard G. Peter August 2012 Over the next three months virtually all employers will be required to provide their employees a substantial amount of information regarding the employee benefits plan they sponsor. This article summarizes these new employer obligations.  
Equal Employment Opportunity Commission issues draft strategic enforcement plan By Michael R. Lied November 2012 In September of 2012, the U.S. Equal Employment Opportunity Commission released a draft Strategic Enforcement Plan for Fiscal Years 2012 – 2016. The SEP establishes priorities for the EEOC and integrates all components of EEOC’s private, public, and federal sector enforcement.
Illinois General Assembly cleans up business organization statutes By Scott M. Metzger November 2012 This article summarizes the changes to each statute affected by the Business Law Cleanup Bill to serve as a quick reference for businesses and their counsel.
Internal Revenue Service creates incentive program to resolve worker classification issues while also strengthening its compliance mechanisms By James F. Fitzsimmons October 2012 Last year, the Internal Revenue Service released Announcement 2011-64. This announcement outlines a new program—the Voluntary Classification Settlement Program—whereby taxpayers can voluntarily reclassify workers as employees for future tax periods in exchange for reducing their federal employment tax liability for the past nonemployee treatment.
Looking back and looking forward—Arredondo and restrictive employment covenants in Illinois By Brian J. Hunt & Jake A. Cilek March 2012 Before the Illinois Supreme Court’s holding in Reliable Fire Equipment Co. v. Arredondo, a two-factor test was widely considered to be exhaustive for purposes of the “legitimate business interest” analysis in Illinois; however, the Court held in Arredondo that such a rigid framework is incapable of addressing the sensitive connection between one’s right to work and the protection of a purported business interest.
NLRB delays employee rights posting By J.J. McGrath January 2012 Whether or not your company wants to balance the NLRB notice with one of its own is a judgment call, but right now all employers need to be prepared to post the NLRB notice on April 30, 2012.
Protectable interests in restrictive covenants clarified by Supreme Court of Illinois By Michael P. Tomlinson January 2012 An update in the case of Reliable Fire Equip. Co. v. Arredondo.
Social media policies—The National Relations Board provides guidance on emerging issues By Marlene Fuentes & Gregory G. Thiess June 2012 There are currently three cases involving social media questions pending before the National Labor Relations Board and those decisions will provide still more guidance on employee use of social media outside of the immediate workplace. 
Thin ice: Avoiding missteps with the Foreign Corrupt Practices Act By Marlene Fuentes & Gregory G. Thiess June 2012 A brief overview of the pertinent provisions of the FCPA used as part of FCPA enforcement efforts, a summary of some of the most recent enforcement cases and results, and some tips for companies and their counsel to assure that their day-to-day business activities will not become the subject of a future investigation or prosecution.
Writing agreements clients can understand By Christine M. Kieta August 2012 When written well, contracts improve business relationships and control future problems. Here are three strategies for creating appealing, simple and easy-to-read agreements. 
1 comment (Most recent September 7, 2012)
Writing briefs judges want to read By Christine M. Kieta October 2012 Writing well for litigation is two-fold. First, you want to get the judge actually to read what you write. Second, you want the judge to agree with what you write.