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Illinois Business Law Questions & Answers
1 Answer | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Illinois on
Q: Can we use "Amvia" for our automotive comfort business if it's trademarked for car-jacks?

My friends and I want to start a business named "Amvia," selling automotive items like headrests, car plushies, heaters, and walkie-talkies. Our concept is to enhance comfort while driving. We've discovered that "Amvia" is trademarked for a business selling manual... View More

James L. Arrasmith
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answered on Oct 28, 2025

You may still be able to use the name “Amvia” for your business, but it depends on how closely your products are related to the existing trademark. In trademark law, protection applies to specific goods or services within certain categories, called classes. If “Amvia” is already trademarked... View More

1 Answer | Asked in Business Law and Contracts for Illinois on
Q: Is my non-compete from a Chicago firm valid after moving to California?

I currently work for a quantitative finance trading firm based in Chicago and signed a one-year non-compete agreement in 2022. In 2025, I relocated to California. I am considering transitioning to a similar role in another firm located in Chicago after my resignation. Given these circumstances, and... View More

James L. Arrasmith
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answered on Oct 23, 2025

Because you now live in California, a post‑employment non‑compete is void under Business & Professions Code §16600, and as of 2024 California statutes make it unlawful even to attempt enforcement against a California resident regardless of where the agreement was signed or the contract’s... View More

1 Answer | Asked in Criminal Law, Contracts and Business Law for Illinois on
Q: Can a PI install a GPS on a spouse's car in Illinois?

In Illinois, if a spouse is suspected of infidelity, can a licensed private investigator legally install a GPS device on the spouse's car if the spouse is the sole owner of the vehicle? The PI I've consulted, who serves large businesses in Chicago, claims that his lawyers assured him... View More

James L. Arrasmith
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answered on Oct 21, 2025

In Illinois, it’s generally **illegal** to install a GPS tracking device on someone else’s vehicle without their consent, even if that person is your spouse. The key issue is ownership—because your spouse is the sole owner of the car, you or a private investigator cannot legally attach a... View More

2 Answers | Asked in Divorce, Business Law, Contracts and Family Law for Illinois on
Q: Ex failed to remove my name from business loan post-divorce. Concerned about liability.

In my divorce decree, it was stated that my ex-husband would take responsibility for our business, including the associated business loan. He has failed to remove my name from the business loan, and the bank will not assist in changing the loan details. He is now on disability and may run out of... View More

Cheryl Powell
Cheryl Powell
answered on Oct 2, 2025

Talk to a bankruptcy lawyer who has some divorce experience.

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1 Answer | Asked in Business Law, Contracts, Civil Litigation and Real Estate Law for Illinois on
Q: How to respond to a breach claim for home sale repairs scheduled by buyers?

I sold a home in Harrisburg, IL, with a closing date of November 22, 2024, under a contract that included an addendum for electrical repairs to be completed post-closing. The buyers were responsible for scheduling the repairs, with $6,000 deducted from my proceeds and held by the title company for... View More

James L. Arrasmith
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answered on Sep 15, 2025

Start by carefully reviewing the purchase contract and the repair addendum to confirm the buyers’ responsibility for scheduling the post-closing electrical repairs. In your response, clearly state the timeline of events, including the closing date, the agreement for the buyers to schedule the... View More

1 Answer | Asked in Business Law, Personal Injury and Real Estate Law for Illinois on
Q: Liability for tort claim after LLC is involuntarily dissolved with no assets in Illinois.

I have been served with a tort claim for personal injury that occurred on a property owned by my LLC. The LLC was involuntarily dissolved and has no assets. What are my options in dealing with this claim, and am I personally liable since the company is dissolved?

James L. Arrasmith
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answered on Sep 12, 2025

When an LLC is involuntarily dissolved in Illinois, it still exists for the limited purpose of winding up its affairs and addressing any outstanding claims. This means the LLC can be sued even after dissolution, but only for matters related to its business or property. Since your LLC has no assets,... View More

1 Answer | Asked in Business Law, Contracts and Tax Law for Illinois on
Q: How to handle tax dispute with family over YouTube channel?

I helped start and manage a family member's YouTube channel, where I'm behind the scenes handling maintenance and security, while my family member is the star. The channel is in my name, but she handles the active email account and has been responsible for taxes. Recently, we've had... View More

James L. Arrasmith
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answered on Sep 9, 2025

Since the YouTube channel is in your name, the IRS will generally consider you responsible for any taxes on income reported under that account. However, evidence that your family member has been managing and filing taxes for the past five years could support the argument that she assumed... View More

1 Answer | Asked in Business Law, Consumer Law and Employment Law for Illinois on
Q: Dispute over pay discrepancies and billing issues at Temple Freight Systems in Illinois.

I worked for Temple Freight Systems / JDM Trucking Company for three weeks. I was promised 91% of the line haul, but my payments do not match this agreement. My first check showed a gross of $2,093.00, but I only received $224.91. My second statement showed a gross of $5,005.00 and a negative... View More

James L. Arrasmith
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answered on Aug 30, 2025

What you are describing raises serious concerns about improper pay deductions and inaccurate billing. If your settlement statements show repeated fuel charges that don’t match your actual routes, that suggests errors or possibly hidden fees. Since you were promised 91% of the line haul and your... View More

1 Answer | Asked in Civil Litigation and Business Law for Illinois on
Q: Lawsuits involving Palermo Villa Inc. in Illinois

I'm interested in finding out about both active and inactive lawsuits involving Palermo Villa Inc. that are a matter of public record in Illinois. Can you help me understand which lawsuits are significant or currently active?

James L. Arrasmith
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answered on Sep 13, 2025

You asked about Illinois matters. The primary Illinois federal case tied to a Palermo‑branded entity is Francisco v. Palermo's Pizza, Inc., filed July 11, 2023, in the Northern District of Illinois for employment discrimination under Title VII. If Palermo's Pizza, Inc. is affiliated... View More

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Consumer Law for Illinois on
Q: Can I take over my granddaughter's contract for deed in Illinois?

I am considering taking over my granddaughter's contract for deed in Illinois for a restaurant, bar, and bowling alley business. The seller replaced the original 5-ton air conditioner with a 2.5-ton unit, which is inadequate for the building. He refuses to remove his belongings from the... View More

James L. Arrasmith
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answered on Sep 8, 2025

You can potentially take over your granddaughter’s contract for deed, but the first step is reviewing the original contract carefully. Look for any clauses regarding assignment or transfer of obligations to another party, and confirm whether the seller and the seller’s lender, if involved, must... View More

1 Answer | Asked in Banking, Business Law and Contracts for Illinois on
Q: Finance company closed, unable to find new car loan owner in Illinois.

I am located in Illinois and my finance company closed down, leaving me unable to find the new company it was sold to after they wrote off my car. I tried looking on my credit report for information but haven't found anything helpful. What steps can I take to resolve this issue and find out... View More

James L. Arrasmith
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answered on Jul 26, 2025

It’s stressful when you’re left in limbo like this, especially when it involves something as important as your car. If the finance company closed and the loan was written off, the account may have been sold to another lender or collections agency. Sometimes it takes a while for the new owner to... View More

2 Answers | Asked in Car Accidents, Business Law and Personal Injury for Illinois on
Q: Does vicarious liability apply to Domino's franchise for a driver's accident using personal vehicle?

I want to know if vicarious liability applies to a Domino's franchise location, which is not corporate-owned, if a delivery driver gets in an accident while on the clock, using a personal vehicle. The driver has no prior incidents, and I am not aware of specific company policies regarding... View More

Charles Candiano
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answered on Jul 24, 2025

Almost certainly not, but it depends. Legal questions never exist in a vacuum and most answers are highly fact-sensitive. On your facts, the driver is an independent contractor. The driver provides the car and the driver provides the skill and ability to operate the car. Moreover, the driver... View More

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1 Answer | Asked in Business Law, Contracts, Civil Litigation and Real Estate Law for Illinois on
Q: Real estate agent commission issue with Buyers in Illinois.

I am a real estate agent who represented Buyers in Illinois. As the Seller covered 2.4% of my commission, I reduced the Buyers' portion to 0.6%, totaling $1,650, which they agreed to in a signed contract dated 5/22. I submitted the Commission Disbursement form to the title company on 6/10.... View More

James L. Arrasmith
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answered on Jul 19, 2025

You’re in a difficult position, but you still have clear options. Since the Buyers agreed in writing to pay the 0.6% commission and signed a contract reflecting that, you have a valid basis to pursue payment. The title company’s failure to collect doesn’t erase the Buyers’ contractual... View More

3 Answers | Asked in Bankruptcy and Business Law for Illinois on
Q: Will giving my wife a credit card impact her bankruptcy or my credit?

I want to give my wife a credit card from my account, solely under my name. I am not filing for bankruptcy, and my credit is excellent. My wife is filing for bankruptcy soon. We have a lawyer on retainer, and most of the paperwork is ready to be filed within the next week. We have no joint credit... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 29, 2025

If your wife files a Ch. 13, she should identify whatever income/payment of debt you provide. In addtion, she should show whatever share of household expenses you provide.

In a Chapter 7, the "curtain" drops on date of iling (wife's eligibility for bankruptcy may be...
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1 Answer | Asked in Business Formation, Business Law and Contracts for Illinois on
Q: Steps to revise operating agreement and add member to LLC in Illinois

I am currently operating an LLC in Illinois with my spouse, and we are considering adding a business partner as a member. We want to revise the operating agreement to include specific operating conditions. What steps should we take to ensure all legal requirements are met and the agreement... View More

James L. Arrasmith
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answered on Jul 5, 2025

To revise your LLC’s operating agreement and add a new member in Illinois, the first step is reviewing your current operating agreement. Look for any provisions outlining how amendments should be made and whether unanimous consent is required. Once you've confirmed the process, hold a formal... View More

1 Answer | Asked in Antitrust, Business Law and Contracts for Illinois on
Q: Can a major chain pressure a manufacturer to cease my dealership?

For six years, our small furniture store was the sole dealer in the Chicago area for a high-end Illinois furniture manufacturer, with good credit standing. A year ago, a major furniture chain began carrying the manufacturer's line and has now threatened the manufacturer to cease supplying us... View More

James L. Arrasmith
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answered on Jul 6, 2025

You may have grounds to pursue a legal claim under tortious interference with business relationships if the major chain deliberately pressured the manufacturer to terminate your dealership for anti-competitive reasons. Even without an exclusivity agreement, Illinois law prohibits a third party from... View More

1 Answer | Asked in Appeals / Appellate Law, Business Law, Family Law and Securities Law for Illinois on
Q: Can court order regarding RSOs post-divorce be challenged in Illinois?

Is it possible to challenge an element of a court order regarding Restricted Stock Options (RSOs) several years after a divorce, upon being taken back to court by an ex-wife in Illinois? My divorce was finalized in 2011, and a revised order was issued in 2014 that addresses RSOs but is unclear... View More

James L. Arrasmith
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answered on Jul 6, 2025

In Illinois, it is possible to challenge a divorce-related court order, including one involving Restricted Stock Options (RSOs), but only under limited and specific circumstances. Generally, court orders entered as part of a divorce judgment become final and binding unless appealed within a certain... View More

1 Answer | Asked in Agricultural Law, Business Law, Civil Litigation and Contracts for Illinois on
Q: Seeking proof of a lien on farmland parcel encumbered by a cousin's mortgage without consent.

I'm dealing with an unusual situation where my farmland, identified as South property, 05-18-100-010, has been partially encumbered by a PNC mortgage that my cousin has obligated to without my consent. Although this property has been appraised before, I was unaware that it was encumbered. I... View More

James L. Arrasmith
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answered on Jun 16, 2025

Request from the bank a certified copy of the recorded mortgage instrument, including the legal description and any title endorsements or commitments that identify the exact parcel or partial parcel affected. Insist on a lender’s title insurance policy or ALTA survey that delineates the... View More

1 Answer | Asked in Contracts, Intellectual Property and Business Law for Illinois on
Q: What are the legal risks of publishing a book on drug development at my company?

I work for a drug development company and I'm under a confidentiality agreement. I'm considering publishing a book about the drug development process, focusing on internal politics and the creation of a specific drug that is now in clinical trials. I'm exploring both a factual and a... View More

James L. Arrasmith
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answered on Jun 14, 2025

You're right to pause and think carefully before moving forward. If you’re under a confidentiality agreement, disclosing internal processes, data, or even workplace dynamics tied to the development of a drug still in clinical trials could expose you to legal risks. Even if you fictionalize... View More

2 Answers | Asked in Business Law and Real Estate Law for Illinois on
Q: Is it legal to sell personal items online in Illinois without an auctioneer license?

I would like to know if it is legal to sell my personally owned items fairly regularly (a couple of times a month) on online platforms such as Whatnot and eBay in Illinois without an auctioneer license. Most items are used, and I may consider expanding sales to buyers outside Illinois. I want to... View More

Stephen Sotelo
Stephen Sotelo
answered on Jun 12, 2025

The Auction License Act, 225 ILCS 407/5-1, et. seq., governs the conduct of auctioneers. Under the Act, an "Auctioneer" is defined as "a person or entity who, for another, for a fee, compensation, commission, or any other valuable consideration at auction or with the intention or... View More

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