BLOGS

WHAT EVERY BUSINESS NEEDS TO KNOW ABOUT EVERGREEN AGREEMENTS

There are many advantages to evergreen provisions for a business. An evergreen provision is an optional portion in a contract that makes is renew automatically, usually on a yearly basis. It usually provides that the contract will be renewed at the end of each year unless one of the parties notifies the other party or parties in writing during the 30 days before automatic renewal. This 30 day window is important, because it is the only time each year when the contract can be cancelled without paying damages to the other parties.These provis...
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ARE YOU LIABLE FOR SELLING A COMPANY’S LIABILITIES? SUCCESSOR LIABILITY IN ILLINOIS

If you are considering buying another company's assets, one important consideration is: what liabilities of the seller will I be taking on? This question generally only arises in an asset purchase, as a stock purchase will typically result in liability on the part of the successor company.Whether a company that purchases the assets of another company can be held responsible for the seller's pre-transfer obligations is the crux of the successor liability issue. In Illinois, the general rule is that a company that purchases the assets of anot...
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NATIONAL NIGHT OUT

Waltz, Palmer & Dawson, LLC, was a proud sponsor of this year's Rolling Meadows Police National Night Out, and congratulate them on 30 great years. This article constitutes attorney advertising. The material is for informational purposes only, and does not constitute legal advice....
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DO YOU HAVE NON-COMPETE AGREEMENTS WITH YOUR EMPLOYEES? BEWARE OF THE TWO YEAR RULE

The Illinois Appellate Court for the 1st District (Cook County) set out what it deemed a clear cut rule in Illinois employment situations: An employee must be employed for a minimum of two years after signing an agreement containing a restrictive covenant (i.e. non-competition or non-solicitation) in order for the covenants to be enforceable. The Court further set out that this rule will apply regardless of whether the employee is terminated by the employer or the employee resigns on his or her own accord; the rule also applies regardless of wh...
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PROPER USE OF BACKGROUND CHECKS: EEOC TAKES ACTION

Anyone who has attended one of my seminars over the past year will know that I have been warning that the EEOC is going to start taking a hard look at the use of background checks. Well here it is – the EEOC has recently filed two cases involving the use of background checks. The EEOC's Charlotte district office filed suit in U.S. District Court of South Carolina against BMW Manufacturing Co., LLC, and a separate suit was filed in Chicago against Dolgencorp, doing business as Dollar General.In April of 2012, the EEOC issued updated enforc...
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