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Illinois Business Law Questions & Answers
1 Answer | Asked in Consumer Law, Banking, Business Law and Small Claims for Illinois on
Q: I disputed a transaction involving 2 charges with my credit card co. A credit was given for 1 charge but not the other.

This dispute involved the same set of facts and documents. Since it involved 2 charges, 2 separate reviewers were assigned to my dispute. One reviewer granted a permanent credit for 1 charge. The other reviewer closed the dispute for the 2nd charge without a credit and said I was responsible for... View More

Matthew McKenna
Matthew McKenna
answered on Jun 13, 2024

I would contact a consumer protection attorney that is familiar with the Truth in Lending Act. Depending on the circumstances, you may have a case and a consumer protection attorney will likely offer you a free consultation and may not charge you anything up front if there is a case to bring.

2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

Charles Candiano
Charles Candiano
answered on Jun 2, 2024

Worker's Compensation is a specialized area of law that only concerns job-related injuries. Your question is more related to employment law. Most people are at-will employees. You may have an employee handbook or union contract that provides additional rights. That said, any physical or... View More

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2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

James L. Arrasmith
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answered on Jun 3, 2024

You may have grounds to seek legal action if your termination was influenced by your mental health or substance abuse issues. It's important to determine if your employer was aware of your condition and whether they failed to provide reasonable accommodations or treatment options as required... View More

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4 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

James L. Arrasmith
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answered on May 8, 2024

Yes, a U.S. citizen could potentially face legal consequences for knowingly selling and shipping pesticides to Canada that are banned or restricted there, even if the sale originated in the U.S.

A few key points:

- Canada has its own regulations on allowable pesticides that may...
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4 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

Michael I. Leonard
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answered on May 4, 2024

Obviously, Canadian authorities could attempt to criminally charge someone for engaging in that type of conduct - assuming of course that it is illegal under its laws. In addition, depending on the facts and circumstances, that same conduct could possibly subject someone to prosecution in the... View More

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4 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

Tim Akpinar
Tim Akpinar
answered on May 25, 2024

You should check with attorneys in Canada, since your question involves that nation's laws. But your post mentions the fact that importing pesticides is illegal, and without knowing more about those laws, it would seem likely that they include any sales, regardless of what medium they... View More

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4 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

Tim Akpinar
Tim Akpinar
answered on May 25, 2024

Addendum - There is also the issue of U.S. laws. Although not raised in your post, it's possible there could be U.S. laws (from the export perspective, not only import into the nation) that might be applicable. Good luck

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1 Answer | Asked in Business Law for Illinois on
Q: Hello,I received bundle of paper from Lifevac Company .

I received bundle of paper from lifevac company and they suit me and claiming i sold their product without their permission, I never sold even single product from Lifevac. my product light bulb spa tube on amazon FBA got their product labels mistakenly and suddenly customers returned it to me and... View More

James L. Arrasmith
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answered on Mar 27, 2024

If you've received a claim from Lifevac regarding the unauthorized sale of their products, it's essential to address this matter promptly and correctly. First, you should gather all relevant documentation, including sales records, inventory lists, and communications with Amazon FBA and... View More

1 Answer | Asked in Tax Law and Business Law for Illinois on
Q: Can I offer a tax write-off form for my book drive customers when specific purchases go directly to charity?

I'm an author and have set up a book drive to benefit two specific, well-known charities. People can purchase the books at a discount from me, and then I will either ship or drive the books to the donation drop-off point. The buyers do not receive any physical items: they are purchasing for... View More

James L. Arrasmith
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answered on Mar 11, 2024

Regarding your questions about offering tax write-offs for your book drive:

1. Offering a tax write-off form to customers:

- As an individual author, you cannot directly offer tax write-off forms to your customers. Only qualified 501(c)(3) charitable organizations can provide donors...
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3 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Illinois on
Q: Good morning. What is the penalty for breach of contract?

Our group sold a home health agency to another group. Our contract stated the price and monthly payment schedules. The other group has paid us a downpayment but has since missed monthly payments for over a year now. The other group is insisting that we lower the price from what was agreed upon.... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 8, 2024

In Illinois there is no penalty for breaching a contract. In fact, Illinois law expressly allows a party to breach a contract. However, once a party breaches, it is obligated to make the other side whole. Meaning that the benefit of the contract must still be given to the non-breaching party.... View More

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1 Answer | Asked in Consumer Law and Business Law for Illinois on
Q: Is it legal for store credit to be issued to a customer for free without a purchase or return being made?
T. Augustus Claus
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answered on Dec 20, 2023

In Illinois, it is generally legal for a store to issue store credit to a customer without requiring a purchase or return. Stores may offer store credit as part of promotions, loyalty programs, or goodwill gestures. However, the specific terms and conditions regarding the issuance of store credit... View More

1 Answer | Asked in Business Law for Illinois on
Q: My current wife and I started a business 13 years ago and it grew real well. Now I have no control over anything

About 1 year ago couple things happened and I made a bad panic decision. I own up to it and this year I kick but trying to reverse the damages. In doing so we or should insaybi was told that if I sign 51% of the business over to her we would get a big tax break cause she would be a minority... View More

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Dec 5, 2023

This is really concerning. Normally, the business accounts should be separate from your personal accounts. So it would be great to clarify with you how many accounts they are and why there are so many for the business.

If your name is associated with the accounts for the business then you...
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1 Answer | Asked in Tax Law, Business Law and International Law for Illinois on
Q: What's the best way to hire a non resident independent contractor working from Costa Rica, Ecuador or Colombia

My husband and I are independent contractors ourselves working in Chicago app b week developers (we both have green cards) and started hiring independent contractors to help with some projects(a little over $2k/year). There are a couple of projects that are coming and will make us have a lot of... View More

James L. Arrasmith
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answered on Nov 19, 2023

Hiring a non-resident independent contractor from countries like Costa Rica, Ecuador, or Colombia involves understanding both U.S. tax implications and the legalities of international contract work. When hiring international contractors, one key form is the W-8BEN, which is used by foreign... View More

1 Answer | Asked in Business Law for Illinois on
Q: My husband has an LLC and I have 2 LLCs. We want them under one roof. Should we put them under one corporation?

It just feels right that way.

James L. Arrasmith
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answered on Nov 8, 2023

Combining multiple LLCs under one corporation can offer streamlined management and potential tax benefits, but it also carries risks, such as shared liability among the businesses. Before deciding, it’s wise to consider the distinct nature of each business, the potential for liability exposure,... View More

2 Answers | Asked in Immigration Law, Business Formation and Business Law for Illinois on
Q: I am in h1b and my Wife is on h4 ead , we would like to start a business. I would like to know if we can establish a LLC

Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.

James L. Arrasmith
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answered on Oct 18, 2023

Being on an H1B visa, you can establish or invest in an LLC; however, you cannot actively manage or work for the business without proper work authorization specific to that role. Your wife, on an H4 EAD, can legally work for and manage the LLC since she possesses employment authorization. Ensure... View More

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2 Answers | Asked in Immigration Law, Business Formation and Business Law for Illinois on
Q: I am in h1b and my Wife is on h4 ead , we would like to start a business. I would like to know if we can establish a LLC

Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Yes, you can start a LLC in your particular State. The two are not related. In fact, if you lived and were a resident of a foreign country, you can open an LLC in the U.S. You would list yourself and your foregin address, but you would need a resident agent in the State where the LLC is opened.

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3 Answers | Asked in Patents (Intellectual Property), Business Law and Intellectual Property for Illinois on
Q: Can I resell a product purchased from China that may infringe on a Patent in the US?

I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More

Jason C Palmer
Jason C Palmer
answered on Oct 18, 2023

A patent gives its owner the right to exclude others from making, using, or selling the patented invention. Therefore, if you obtained your product from someone other than an owner or licensee of the patent, you cannot legally sell the product without infringing the patent. This assumes that the... View More

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3 Answers | Asked in Patents (Intellectual Property), Business Law and Intellectual Property for Illinois on
Q: Can I resell a product purchased from China that may infringe on a Patent in the US?

I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More

James L. Arrasmith
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answered on Oct 15, 2023

Selling a product in the U.S. that infringes on an existing U.S. patent can expose you to legal liability, even if the product was legally purchased and imported from another country. The key question is whether the product you imported actually infringes on the patent in question. The fact that... View More

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3 Answers | Asked in Patents (Intellectual Property), Business Law and Intellectual Property for Illinois on
Q: Can I resell a product purchased from China that may infringe on a Patent in the US?

I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More

Adam W. Bell
Adam W. Bell
answered on Oct 18, 2023

Good question.

The product that is "similar to a patented product" does not necessarily infringe on the ISSUED CLAIMS of the patent. First, compare the product and the claims side-by-side. Read each claim element (limitation) and try to identify it in the product. If your...
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1 Answer | Asked in Business Law for Illinois on
Q: Generating leads and pass them on to local contractors to perform work, who'd be liable for work quality or dispute?
T. Augustus Claus
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answered on Sep 26, 2023

In Illinois, liability for work quality or disputes could depend on the contractual arrangement between you, the local contractors, and the clients. Generally, the contractors would be responsible for the quality of the work they perform. However, you might also be exposed to some liability,... View More

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