Illinois Business Law Questions & Answers

Q: Wantingto put my business in our mall ,Its unique fried ice cream roll business but the Dairy Queen lease might stop it

1 Answer | Asked in Business Law for Illinois on
Answered on Jun 14, 2018
Drew Ball's answer
You should contact an attorney to review the lease and/or the facts about DQ's conduct that you are indicating are interfering with your business. You may have the ability to assert some type of civil claim in hopes of encouraging the mall to lease a location to your business, but again a thorough review of the documents and facts would be necessary for us as attorneys to accurately advise you. I encourage you to reach out to an attorney directly for a consultation. I wish you the best.

Q: I quit my job because my manager assaulted me. My corporate did not offer resolution. Can I file charges?

1 Answer | Asked in Business Law and Employment Law for Illinois on
Answered on Apr 2, 2018
Steve McCann's answer
Yes, it is possible you are entitled to a remedy from your previous employer, but the viability of your claims is a very fact specific determination. That being the case, I recommend organizing everything in your possession related to this matter, including proof that you reported these actions to HR and were retaliated against, and consult with an attorney individually. Do not make any statements to your previous employer until you do. A knowledgeable attorney will review the details of...

Q: Events management company wanting to use attendees headshots in marketing on social media (i.e. twitter, LinkedIn, etc).

1 Answer | Asked in Business Law, Communications Law, Contracts and Internet Law for Illinois on
Answered on Mar 15, 2018
Carrie A. Ward's answer
You need affirmative consent to use their images for promotional purposes. Did you hav them sign a release? Were they provided affirmative notice that their pictures were taken and may be used for promotional purposes? An experienced attorney in the promotional space can help you develop the proper releases and disclosures to use these images in the future.

Q: I have a non-solicitation agreement as a contractor in Illinois. I would like to start an LLC under my wife's name.

1 Answer | Asked in Contracts, Employment Law and Business Law for Illinois on
Answered on Feb 13, 2018
Steve McCann's answer
Yes, it is highly likely. However, a definitive answer is dependent on the precise language of the non-solicitation agreement with your previous employer. That being the case, I recommend organizing the non-solicitation agreement and any other information you believe is relevant to this situation, and consulting with an attorney to get a definitive answer.

Q: Commercial equipment repossession

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Illinois on
Answered on Feb 12, 2018
Steve McCann's answer
It depends on the precise terms of the lease. That being the case, I highly recommend organizing the lease, as well as any other documents you have in your possession regarding this matter, and consult with an attorney individually, as you do not want a personal judgment against you for the full cost of the equipment, as well as court costs, attorney's fees, and other penalties if it can be avoided.

Q: Hello, I am searching for information on the process of removing customers' old motorcycles from my dealership.

1 Answer | Asked in Business Law and Consumer Law for Illinois on
Answered on Feb 7, 2018
Steve McCann's answer
The answer to your question depends on specific facts that are not provided here, such as the terms of any contracts signed and the location of your dealership. That being the case, I recommend organizing everything you have in your possession regarding this matter, including the contracts, title(s), and other documents, and consulting with an attorney individually, as you do not want to make a mistake and be liable for damages in the event the customers return.

Q: As an independent contractor, can I be required to purchase a workers comp insurance policy by the business owner?

1 Answer | Asked in Business Law and Workers' Compensation for Illinois on
Answered on Jan 17, 2018
James G. Ahlberg's answer
As an independent contractor, do you have any employees? If not, the only person the policy will protect is you, and then only if you insist on a rider covering yourself. The situation sounds strange, but their insistence that you have a policy isn't illegal.

Q: Does my work still need to pay me if I can't work due to a canopy collapse at my work? Not injured, they are closed tho

1 Answer | Asked in Employment Law and Business Law for Illinois on
Answered on Dec 11, 2017
James G. Ahlberg's answer
Unless you have a contract with your employer specifically requiring them to pay you under these circumstances, they do not have to do so. Consider filing for unemployment benefits if you're going to be off work very long.

Q: I was in a vehicle accident a couple months ago during my recovery an employee of mine had my former customers sign a pa

1 Answer | Asked in Business Law, Libel & Slander, Car Accidents and Personal Injury for Illinois on
Answered on Nov 11, 2017
Peter Munsing's answer
Yes, you can file an action to have the earnings from those customers go to you. You need to consult a business attorney who handles partnership and other business litigation dealing with who shares in the proceeds of a business.

If you have the business's computers you need to get their advice on how to 1)block former employee from access (though he may have downloaded) 2) what to look for as far as records showing what the state of the business was.

At the same time you need...

Q: Hi. I own a small grocery store. I had two walk in freezers. The building owner had hired a roofing contractor

1 Answer | Asked in Business Law for Illinois on
Answered on Sep 30, 2017
Salim U. Shaikh's answer
Building owner was bound to pre-inform you before start of work at roof top. I believe it was in his knowledge that your condensers are at roof-top. Despite that fact, whosoever have removed those condensers, they are liable for your damages that you can claim. Immediately send him a notice through attorney for that.

Q: To become an additional party (defendant) in TTAB Opposition.

1 Answer | Asked in Intellectual Property and Business Law for Illinois on
Answered on Sep 27, 2017
Benton R Patterson III's answer
This is not a question that has an easy answer. An attorney would need to review all the facts. Unless you have an ownership interest in the trademark registration, a business partner may not have standing to join the proceeding. If not, you may be able to move to file an amicus brief in support of the defendant. If you think you need to move to join an opposition proceeding or have a strong interest in the outcome of a proceeding, you should have a private consultation with a trademark...

Q: Thanks, followup question.If we go for option 1 i.e creating a legally binding agreement of how income Should be divided

1 Answer | Asked in Real Estate Law and Business Law for Illinois on
Answered on Aug 22, 2017
Ray Choudhry's answer
Our office charges on an hourly basis.

It is best to hire a local lawyer.

Q: Thanks for the response. Can you create a partnership agreement. What is fee?

1 Answer | Asked in Real Estate Law and Business Law for Illinois on
Answered on Aug 22, 2017
Ray Choudhry's answer
We are in Western Illinois.

Q: Employer is offering only me a very small settlement on a permanent back injury. What should I do?

1 Answer | Asked in Workers' Compensation and Business Law for Illinois on
Answered on Jul 17, 2017
Steve McCann's answer
Since you are represented by an attorney, you should direct all of your questions to him or her. If you are not satisfied with their answers, then consider consulting and hiring another attorney to represent you.

Q: Should a business always retain legal counsel, even if they don't foresee needing it after formation?

1 Answer | Asked in Business Law for Illinois on
Answered on Jul 7, 2017
Steve McCann's answer
Yes, it is well advised for any business to retain legal counsel even if they do not foresee needing it after formation. The reason being is that counsel can take proactive and preventative measures to mitigate risk for your business, and can often view the operations of a business in a different light than the business owners. Furthermore, depending on the type of business, it should have an operating agreement and other legal documents governing the operations of the business. In sum, it...

Q: I have a startup, involves catering food from third parties, can the origin of the food be kept as a trade secret ?

1 Answer | Asked in Consumer Law, Business Law and Intellectual Property for Illinois on
Answered on May 18, 2017
Griffin Klema's answer
It is unclear what you mean by "origin" of the food. The real question is what are you trying to protect? A recipe? The identity of your wholesalers/sources?

There is a whole host of regulatory issues regarding sale of food and beverages, and they will certainly determine how much you can keep secret. For example, the Coca-Cola recipe is a trade secret, but the company must still tell you things about what is in the product, as required by federal law.

It also depends on how...

Q: I filed my business initially as a sole proprietorship but am considering contracting out, specifically with the

1 Answer | Asked in Business Law for Illinois on
Answered on May 3, 2017
Ray Choudhry's answer
What do you mean by filed. When you open up a business as a sole proprietor, there is no filing involved unless you are using an assumed name, in which case you have to publish a notice and file with the County Clerk.

Of course, you have to have the proper permits and licenses and zoning.

Sole Proprietorship is a type of legal entity.

If you want to set up a corporation or partnership, those are not being "refiled". They are separate legal entities.

You should...

Q: Does this make asking Pokémon fan art on etsy legal? http://nintendonews.com/news/wii-u/creative-endorsement-program/

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Business Law for Illinois on
Answered on May 1, 2017
Will Blackton's answer
That press announcement does not. It states that fans are allowed to upload derivative works of Nintendo's IP to the Japanese video streaming service Niconico at http://www.nicovideo.jp/ and not anywhere else, like Etsy.

Q: Have a Q regarding signing ownership of a restaurant for someone?

1 Answer | Asked in Contracts and Business Law for Illinois on
Answered on Apr 11, 2017
Steve McCann's answer
There can be numerous implications when personally signing for a restaurant. Are you going to sign on the lease, the loan, or both? In any event, due to the high amount at stake in this situation, I would advise you consult with an attorney individually prior to signing any documents. A knowledgeable attorney will be able to review all of the documents prior to you signing them, and can thoroughly explain all of the implications of each document. Further, an attorney may be able to protect...

Q: Can you be sued for sharing your experience with a business?

1 Answer | Asked in Civil Litigation, Contracts and Business Law for Illinois on
Answered on Mar 25, 2017
Robert D. Kreisman's answer
The only way to know or to render a legal opinion would be if you had an experienced contract lawyer review whatever employment contract or other agreement you are referring to that you believe legally prevents you and its binding on you from commenting about this business.

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