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Illinois Business Law Questions & Answers
0 Answers | Asked in Arbitration / Mediation Law, Business Law, Copyright and Internet Law for Illinois on
Q: Is there anything I can do to save my business?

So a while back when I was young my Snapchat account got linked to ghost codes under some inappropriate tags! I emailed google a number of times for them to tell me that the web owner has to do it manually, so I sent hundreds of emails to ghost codes from hidden emails I found to their own customer... Read more »

1 Answer | Asked in Business Law for Illinois on
Q: company name being used in another state by another company

my company name in Illinois is also the name of a company in another state. any recourse?

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Jan 25, 2023

The issue is the infringement of a trade name. Is your name registered with the USPTO? or anywhere? Is their name registered? If not, you need to get registered, if possible. There are some issues. However, there are some claims for rights that are common law. You may need a legal consultation.... Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for Illinois on
Q: Is it legal for my business landlord to ask for financials 3 years into a lease?

Lease and rent are current and up to date.

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Jan 23, 2023

This seemingly is a landlord-tenant issue. However, as a practical matter for business, if you have already signed a lease and been in it for 3 years, this appears to be out of their right to request.

However, I can see it making sense in two scenarios: if you have fallen behind and there...
Read more »

0 Answers | Asked in Business Law and Civil Litigation for Illinois on
Q: another company using corporate name

noticed another company in another state has the same business name as I do in Illinois. I registered my name and logo and it is also a dab of an Illinois C corporation. Do I have any recourse?

0 Answers | Asked in Business Formation, Business Law and Civil Litigation for Illinois on
Q: If I have a registered business name in Illinois, is it good nationwide?

I have an Illinois corporation with assumed business name of Beyond-Basements. I just found out there is a Beyond Basements in Missouri. And we both do construction and remodel basements. Am I protected?

1 Answer | Asked in Contracts, Business Law and Internet Law for Illinois on
Q: If you already have an LLC and you create a new unique product - is it better to set up a new LLC to separate it?

I am wondering about legal protection and how it works with legal issues. If an issue surfaces and you have multiple LLCs do they all get called into court since your name as a member is on all of them - is there really any more legal protection with a LLC vs ones that already exist?

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Dec 23, 2022

No, the LLCs are separate, if you have kept them separate with different bank accounts, addresses, etc.

If your new product can be protected because of its new process (it does something that no other product does) perhaps your protection is not from the type of structure but in...
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1 Answer | Asked in Business Law for Illinois on
Q: Can a Non-profit operate a for profit? We are thinking of transitioning but have a DBA Voc. school we want to keep.

Our school usually operates by training grants or direct training paid by other agencies training grants. Students rarely pay for tuition themselves. We serve low skilled, low-income individuals. It is a main part of the services we provide (especially as we pursue programmatic grants with... Read more »

Matthew Morris
Matthew Morris
answered on Dec 11, 2022

To answer your first question, "can a nonprofit operate a for-profit," there is nothing that prohibits this and it happens fairly frequently. Depending on the details, the for-profit enterprise can be a wholly- or majority-owned subsidiary of the nonprofit. You will want to be very... Read more »

1 Answer | Asked in Employment Law, Business Law and Civil Litigation for Illinois on
Q: I've been asked to sign a release form, was not explicitly said what I needed to sign or that it had to be notarized.

Know All Men By These Presents, That I/we the undersigned, for the sole and only consideration of One Thousand Seven Hundred and Nine 50/100 (1,709.50) paid to me/us in hand by ABC Corp, the receipt whereof is hereby acknowledged, hereby release and discharge, and by these presents do hereby... Read more »

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

It seem like ABC corporation wants to pay you $1,709.50 for a release and discharge for some damaged they caused you. This release is a legally binding agreement used to protect ABC Corporation from having you bring further legal action against them for a number of reasons. They want to close... Read more »

1 Answer | Asked in Business Law, Construction Law and Contracts for Illinois on
Q: My general contractor is breaching the contract again, how could we handle this?

Business site

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 30, 2022

A properly drafted construction agreement should have termination provisions. Start by reading the contract and be aware of your notice and termination obligations. Any contract case requires that you show offer, acceptance, consideration, duty, breach and damages. Remember that in the case of... Read more »

2 Answers | Asked in Business Formation and Business Law for Illinois on
Q: Do we need to refile articles of incorporation or any other business docs when applying for NFP status for a for-profit

business. Business has been around for 37 years. We want to apply for 501c3 status to diversify our income and open up our services to more contracts and help more people. Currently, mostly are federal grants and we haven't earned profit in years.

T. J. Jesky
T. J. Jesky
answered on Sep 13, 2022

This may be easier than you think. If you want to convert a profit corporation to a non-profit organization all you need to do is complete Illinois Form EOA 205 (provided by the Illinois Secretary of State- a one page form) and send two copies of the completed form to the Secretary of State with... Read more »

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2 Answers | Asked in Business Law and Patents (Intellectual Property) for Illinois on
Q: If I design a product that uses another person's patented component within my design, what permissions do I need?

I am creating a product (a stand for giant marquee letters) for my company that uses someone else's patented magnet as a component. What type of copyright/patent permissions, if any, do I need from the magnet company?

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Sep 10, 2022

Note that I am not licensed in Illinois, and that none of the answers to questions in this forum should be considered legal advice.

You may need a license from the company that owns the patent and any other intellectual property rights, but maybe not if you simply buy the other...
Read more »

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1 Answer | Asked in Business Formation and Business Law for Illinois on
Q: What do u need to start a compay? What’s a LLC and how can u get one

What would I need in order to open a taco truck and sell food.

David Luther Woodward
David Luther Woodward
answered on Aug 26, 2022

The first thing you need is a lawyer. You need a lawyer that represents small business who can guide you through the hurdles of setting up an LLC, obtaining permits and licenses, and all the stuff that goes along with being in business.

Good Luck

d

1 Answer | Asked in Banking and Business Law for Illinois on
Q: trying to make a determination on corp account escrow or not

We are hiring truck drivers for our company and want to hold $125 week out of their pay (for repairs or abandonment) until they hit $1,000- $3,000k. Would this have to be in a escrow account? The money will be in the account for the duration of their employment.

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Aug 11, 2022

Corp account escrow or not? Can you provide some details on the issue?

1 Answer | Asked in Business Law for Illinois on
Q: What are the facts before the initial lawsuit was filled What are the issues of law The courts ruling and holding

Was the court ruling correct or incorrect

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Aug 2, 2022

Good day, thank you for sending us the question but can you give us more specifics?

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Illinois on
Q: Hi there, IP copyright dispute, between equal partners in series LLC. Concerns over whom IP Copyright belongs to.

The business (A clothing company) didn't generate any profit and we have agreed to dissolve the series LLC, Web P, social media page etc, but it does leave us with the IP of the designs that we independently created.

Neither of us were paid employees or hired to create our own designs... Read more »

Jonathon Maddox
Jonathon Maddox
answered on Feb 2, 2022

There are several factors here, and a thorough review of the LLC and Operating Agreement would be needed, as well as a full understanding of exactly how and when each design was created. I’m an IP Attorney, and would be happy to have a free consultation and see how I can help your legal needs.... Read more »

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Rights for Illinois on
Q: I started a nail salon with someone. She didn’t have money to start it so I let her borrow from me but we didn’t make a

We didn’t make a contract. We worked for a month and a half now but we fell into a disagreement and she left and won’t respond to my calls. I’ve been working alone without even paying myself. How do I proceed from here when she won’t respond to any of my messages and calls.

Timothy Denison
Timothy Denison
answered on Jan 26, 2022

If there’s no agreement, just move forward as if the salon is yours. She has no interest since she provided no investment.

1 Answer | Asked in Business Formation and Business Law for Illinois on
Q: Can I change the name of my current LLC and later reopen a new LLC with my current name?

Can I change the name of my current LLC and later reopen a new LLC with my current name? Or would the name be unavailable? Example: changing my current LLC named "Blue" (that sells clothes) into a new name "red" (and be a completely different business model). In a couple years... Read more »

Joseph B. LaRocco
Joseph B. LaRocco
answered on Nov 2, 2021

The simple answer is "Yes", as long as that name is still available and no one else has taken it. Once you change the name from Red to Blue, the name Red will be available and someone else might take it. Some states allow you to reserve a company name for a fee. For instance, Delaware... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Illinois on
Q: Can you negotiate a new union contract before the old one has expired if it is in the best interest of the workers ?

I am part of a labor union in Illinois. Since COVID, we have lost many co-workers and applicants to higher-paying non-union jobs in our field. Our contract is not up until January, but if it keeps going this way, we will have no labor force left by then because we cannot stay competitive pay-wise.... Read more »

Charles Candiano
Charles Candiano
answered on Oct 12, 2021

This is a contract law question. Workers' Compensation is an area of law that deals with work-related injuries. Whenever BOTH parties to a contract WANT to make a changes (irrespective of reason), they certainly may.

The Union's response should be "Your hands are NOT tied...
Read more »

1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Illinois on
Q: What does the law 15 usc 1662 b translate to? does it mean that I am not required to put a down payment?
T. J. Jesky
T. J. Jesky
answered on Oct 11, 2021

Short answer: No. The reg states that no advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state that a specified down payment, by the creditor who advertises his services.

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