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Illinois Business Law Questions & Answers
Q: How can I acquire a defunct company's trademarks in Illinois?

I am interested in acquiring ownership of a defunct company that ceased operations in 1968, along with its key original filed trademarks. Some of these trademarks are still actively used by an owner within the same industry, while others are expired or have limited use. I want to continue the... View More

Patrick A. Twisdale
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answered on May 13, 2025

Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More

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Q: Seeking legal advice for severe mold and roof issues in Illinois condo, health impacts, and HOA liability.

I live in a quad coach home in Illinois and have experienced severe roof leakage and drywall damage for over three years, despite the roof being replaced six years ago. With worsening damage each winter, we contacted our HOA multiple times. Initially, they found nothing wrong but cleared partially... View More

Charles Candiano
Charles Candiano
answered on Apr 30, 2025

How is the HOA liable? The HOA didn't do anything. On your facts, "roofers discovered an unconnected HVAC exhaust pipe releasing hot air into our attic, causing condensation and extensive mold growth." According to you, the individual or company responsible for disconnecting the... View More

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3 Answers | Asked in Bankruptcy and Business Law for Illinois on
Q: Can I remove a co-borrower from a mortgage due to their bankruptcy and late payments after a forbearance filed without my knowledge?

I am on a joint mortgage loan with a co-borrower who has filed for bankruptcy and is currently unemployed. The co-borrower filed a forbearance without my knowledge, but continued to be late on payments afterward. I would like to know if I can remove the co-borrower from the mortgage loan due to... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 12, 2025

Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.

Be...
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2 Answers | Asked in Estate Planning, Business Formation and Business Law for Illinois on
Q: Conflict between Italian citizen's will and Illinois partnership agreement.

I have a question regarding a conflict between testamentary dispositions and partnership rules. An Italian citizen, who was a resident and deceased in Italy, left a will with provisions contradicting a partnership agreement made years ago in the USA (specifically Illinois). The partnership... View More

Anthony M. Avery
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answered on Mar 17, 2025

You are going to need an IL attorney in addition to the Italian probate attorney. But whatever the decedent actually owned in the partnership will then go through his Estate, regardless what the will claims it is. Decedent does not get to change his partnership contract through a testamentary... View More

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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?

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?

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?

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, Contracts, Real Estate Law and Civil Litigation for Illinois on
Q: Is it legal for a trustee to sell their position to another trustee without beneficiary permission under IL law?

Under Illinois statute 205 ILCS 620/3-3, is it legal for a trustee of a land trust to sell their position as a trustee to another fiduciary without notifying or obtaining permission from the beneficiaries of the trust, even if both trustees are licensed by Illinois? In my case, there are no... View More

James L. Arrasmith
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answered on May 15, 2025

Under Illinois law, particularly statute 205 ILCS 620/3-3, trustees do have some flexibility in their duties, but the law also emphasizes the fiduciary responsibility they owe to the beneficiaries. Generally, unless the trust agreement specifies that a trustee can sell or transfer their position,... View More

1 Answer | Asked in Contracts and Business Law for Illinois on
Q: Is working for a company 20% owned by my previous employer a breach of a non-compete?

I am currently bound by a two-year non-compete agreement from my previous employer. I've taken a job with a company that is 20% owned by my former employer, but the non-compete does not mention working for companies partly owned by them. Is this allowable, and could it cause any legal issues?

James L. Arrasmith
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answered on May 15, 2025

If your non-compete agreement does not specifically mention working for companies partially owned by your former employer, it may not directly prohibit your new role. However, the ownership stake of your previous employer in the new company could still raise concerns, as they may be seen as having... View More

1 Answer | Asked in Business Formation, Tax Law and Business Law for Illinois on
Q: Forming an LLC in a different state for an online business based in IL?

I'm considering forming an LLC for my online transaction-based platform, such as a classified ads site, in a state with favorable business laws and tax conditions, like Mississippi or Florida, rather than in my current state of residence, Illinois. The business will operate entirely online,... View More

James L. Arrasmith
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answered on May 15, 2025

Forming an LLC in a state like Mississippi or Florida could be a feasible option if you're looking to take advantage of favorable business laws and tax conditions. Both states offer business-friendly environments, with Florida having no state income tax and Mississippi providing relatively low... View More

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