Illinois Business Law Questions & Answers

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

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.
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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

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...
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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

Our office charges on an hourly basis.

It is best to hire a local lawyer.
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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

We are in Western Illinois.
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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

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.
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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

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...
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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

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...
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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

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...
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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

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.
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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

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...
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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

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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Q: If I cancel after minimum notice period in contract, am I liable to pay vendor for services not performed?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Illinois on
Answered on Mar 23, 2017

Whether you would be required to pay for services not received is dependent on the terms of the contract. There is a principle of law called unjust enrichment where a party receives a windfall or is unjustly enriched. However, if the contract is specific and enforceable, you could be held liable. You would be well-served to have an experience attorney carefully review the contract you refer to and get an opinion on what your exposure to liability might be.
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Q: i need contract so i can be safe to get product as agreed after i pay freelancer in Venezuela,(im not from Venezuela)

1 Answer | Asked in Business Formation, Business Law, Contracts and Products Liability for Illinois on
Answered on Mar 7, 2017

If you are conducting business in the US, I highly suggest you obtain a lawyer from the US. Many of us offer free consultations, so it will not cost you anything to obtain a professional's opinion that is tailored to the specific facts of your case.
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Q: Is the "Home Repair and Remodeling Act" in Illinois still in effect?

2 Answers | Asked in Business Formation, Business Law and Construction Law for Illinois on
Answered on Feb 20, 2017

Yes, it is certainly still in effect, and is the source for a great deal of litigation in Illinois. If you are contemplating starting a carpentry business, I would highly recommend you consult with an attorney prior to doing so, as it will save you a great deal of time, stress, and money in the long run.
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Q: Starting a business. Company in Thailand is already using same name in a related field. Can I use the name or no?

1 Answer | Asked in Business Formation, Business Law, International Law and Trademark for Illinois on
Answered on Jan 11, 2017

Trademarks and trade names are jurisdiction-specific. If the name is not used or registered in the US, you are free to use it here...but of course no in Thailand.
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Q: What is a subchapter S corporation?

1 Answer | Asked in Business Law for Illinois on
Answered on Dec 20, 2016

A "Subchapter S Corporation" or "S Corporation" is simply an Illinois corporation (or professional corporation) registered under Subchapter S of the IRS Code. You will find instructions here: https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations. To qualify for S corporation status, the corporation must meet the following requirements:

Be a domestic corporation

Have only allowable shareholders

May be individuals, certain trusts, and estates and...
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Q: Is the landlord allowed to rent out an individual parking space in front of retail business to a semi truck?

1 Answer | Asked in Business Law and Landlord - Tenant for Illinois on
Answered on Oct 10, 2016

You state that your landlord is renting out spots in front of your retail establishment and that you believe that action will have an affect on the viability of your business. You are located in Glenview (Cook County).

Neither Cook County nor the Village of Glenview has specific prescriptions on this subject, so you must look to the Commercial Lease you signed and Illinois law to clarify your rights. Without having the lease I cannot guess if the Lessor's actions constitute a...

Q: If a corporation dissolves, how are the warranty claims handled if customers have up to a 5-year guaranty on prod/serv?

1 Answer | Asked in Business Law, Consumer Law, Contracts and Small Claims for Illinois on
Answered on Sep 12, 2016

A warranty is essentially an insurance policy, so you should find out if the issuer of the warranty actually has an insurance policy that you can take advantage of in the event you need follow up. In general, warranties can also be purchased - in fairness the dissolving company should purchase such a warrranty for you.

I hope this information has been helpful. Best of luck.

Q: How do I find the corporate office number for Primark LLC, a company that sells a memory-enhancement product called Prov

1 Answer | Asked in Civil Litigation, Business Law and Consumer Law for Illinois on
Answered on Sep 9, 2016

I think if you search on Google, Yahoo, etc. you will easily find the home page of the company that will list the company's home office and very likely a phone number. There's a Primark LLC registered in Delaware.

Q: How can a church legally remove someone from the church residence

1 Answer | Asked in Business Law for Illinois on
Answered on Oct 13, 2015

They are in a month-to-month tenancy. Thus the church, as landlord, can require them to leave upon sufficient written notice (normally 30 days).

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