Generated by All in One SEO Pro v5.0.0.1, this is an llms.txt file, used by LLMs to index the site. # Levin Ginsburg Attorneys at Law ## Sitemaps - [XML Sitemap](https://levinginsburg.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Blog](https://levinginsburg.com/blog/) - [The DOL’s Proposed Joint Employer Rule Puts Shared Workforce Models on Notice](https://levinginsburg.com/the-dols-proposed-joint-employer-rule-puts-shared-workforce-models-on-notice/) - On April 22, 2026, the U.S. Department of Labor announced a proposed rule that would establish a unified federal standard for joint employer status under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. For businesses that rely on staffing agencies, subcontractors, franchise relationships, - [Buyers of New Construction Beware: The Breach of Implied Warranty of Habitability in Illinois Further Erodes](https://levinginsburg.com/buyers-of-new-construction-beware-the-breach-of-implied-warranty-of-habitability-in-illinois-further-erodes/) - Historically, the purchaser of a newly constructed home took the property at his or her own risk if they failed to discover a hidden or latent defect in the home’s design or construction prior to the closing of the sale. It used to be that after the sale closed an aggrieved buyer of new construction - [Advantages of Arbitration Agreements in Commercial Transactions](https://levinginsburg.com/advantages-of-arbitration-agreements-in-commercial-transactions/) - Oftentimes, private arbitration is the preferred method of resolving commercial disputes, including disputes with employees and customers. Because arbitration is a creature of contract—i.e., only parties that agree to resolve disputes by arbitration are required to do so—determining whether to include an arbitration clause in a contract requires careful consideration during the negotiation of a - [Access to the Courts Since the Shutdown](https://levinginsburg.com/access-to-the-courts-in-the-new-normal/) - In March 2020, as Governor Pritzker’s shelter-in-place order took hold, Illinois state and federal courts were also implementing their own administrative orders. For all practical purposes, access to the courthouse – both state and federal courts – was limited to criminal and emergency matters only, with most civil disputes taking a back seat. Status hearings - [The Force Majeure Clause in an Age of COVID-19](https://levinginsburg.com/the-force-majeure-clause-in-an-age-of-covid-19/) - An often overlooked contract provision has now gained the spotlight in the wake of the COVID-19 pandemic. Parties to a contract are now considering whether a contractual force majeure (French for “superior force”) clause will play a critical role in determining whether or not performance is still required. Force majeure provisions typically consist of boilerplate language - [Can Employee Handbooks Require Arbitration of Employment Disputes?](https://levinginsburg.com/can-employee-handbooks-require-arbitration-of-employment-disputes/) - Every business with employees should have an employee handbook. An employee handbook is essential because it helps employees to understand what their rights are, what the company’s human resource processes and policies are, standardizes company policies and reduces human resource’s time resolving issues. Handbooks and policies are also often required if an employer wants to - [Don’t Let A Creditor Make It Personal](https://levinginsburg.com/dont-let-a-creditor-make-it-personal/) - As the owner of a corporation, when you set up your business, you and your lawyer believed that you had taken all necessary steps to protect your personal assets. After all, the primary reason you set up a corporation was to shield your own assets from your business’s creditors. In order to ensure that your assets - [The Plaintiff’s End Game – Collecting the Judgment](https://levinginsburg.com/the-plaintiffs-end-game-collecting-the-judgment/) - It was a hard fought battle. You successfully sued a party in a commercial dispute who wronged you and a judge or jury awarded you seven-figure sum. Because the Defendant didn’t immediately take out its checkbook, however, you now face the task of collecting the judgment. Oftentimes, litigation doesn’t end when the judge bangs the - [Keeping your Trade Secrets Safe: The Runaway Employee](https://levinginsburg.com/keeping-your-trade-secrets-safe-the-runaway-employee/) - How can a business protect its critical information when an employee goes to work for a competitor? Many employers simply assume that if it considers information “confidential,” the law automatically protects it when an employee snatches it up and leaves to work for a competitor. That’s not necessarily the case. In order to protect its confidential - [An Employer Can Be Liable for Accessing an Employee’s Personal Email Even if the Employee Engaged in Misconduct](https://levinginsburg.com/employer-can-liable-accessing-employees-personal-email-even-employee-engaged-misconduct/) - Over the last several years, communication via email and text has become commonplace in the workplace. Oftentimes, employees use one device for both personal and work-related communication regardless of whether that device is employee-owned or employer-provided. There is no doubt that employers may have legitimate business reasons for monitoring employee communications. For example, an employee - [Keeping your Trade Secrets Safe: The Runaway Employee](https://levinginsburg.com/keeping-trade-secrets-safe-runaway-employee/) - How can a business protect its critical information when an employee goes to work for a competitor? Many employers simply assume that if it deems information “confidential,” the law automatically protects it when an employee leaves and goes to work for a competitor. That’s not necessarily the case. In order to protect its confidential information, - [Today’s BIPA Ruling is Brought to You By the Letter I](https://levinginsburg.com/todays-bipa-ruling-is-brought-to-you-by-the-letter-i/) - Some judges have an extraordinary ability to explain their decisions in an easily understood and relatable manner. Such was the case in a very recent decision involving whether an employer’s commercial general liability insurance policy (“CGL”) covered an employee’s claims under the Illinois Biometric Information Privacy Act (“BIPA”). In State Automobile Mutual Insurance Company v. - [A Victory for a Levin Ginsburg Client in the Seventh Circuit Court of Appeals](https://levinginsburg.com/a-victory-for-a-levin-ginsburg-client-in-the-seventh-circuit-court-of-appeals/) - In a victory for Levin Ginsburg’s client Nano Gas Technologies, Inc., the United States Court of Appeals for the Seventh Circuit reversed the district court’s interpretation of an arbitration award, holding that the defendant could not “wait until he dies” to pay a portion of a damage award. In Nano Gas Technologies, Inc. v. Roe, - [First District Offers Clarity Over What Falls Within a "Broad" Arbitration Clause](https://levinginsburg.com/first-district-offers-clarity-over-what-falls-within-a-broad-arbitration-clause/) - Levin Ginsburg attorney Mark Evans obtained a favorable decision from the Illinois Appellate Court on an issue of first impression concerning broad and generic arbitration clauses. On June 7, 2024, he secured a ruling that filled in some of the grey area around what issues are captured under such clauses. Portage Park Capital, LLC v. A.L.L. - [The Changing Landscape of Attorney Fee Provisions in Consumer Contracts](https://levinginsburg.com/the-changing-landscape-of-attorney-fee-provisions-in-consumer-contracts/) - Overview The bargaining power in consumer contracts, also known as a consumer agreement in which money, property, or services are provided for personal, family or household purposes, resided with the business vendor in the past. If consumers did not agree to terms set forth in the vendor’s contract, including attorney fee shifting provisions, then the - [Post Residential Real Estate Closing: What if You Were Sold a Lemon?](https://levinginsburg.com/post-residential-real-estate-closing-what-if-you-were-sold-a-lemon/) - Post-closing residential real estate disputes are all too common after the sale of a home. These disputes often arise after the buyer moves into the home and discovers serious issues such as mold, water infiltration or other home defects. Sometimes a pre-closing inspection fails to reveal these defects because they are hidden. Other times, the - [Illinois Enters the Crypto Regulation Game](https://levinginsburg.com/illinois-enters-the-crypto-regulation-game/) - Last August, Governor Pritzker signed two new laws establishing Illinois’ first comprehensive framework for digital asset regulation. These laws are the Digital Assets and Consumer Protection Act (DACPA) and the Digital Asset Kiosks Act (DAKA). Together, they position Illinois as an early mover in crypto regulation in the Midwest, with enforcement authority vested in the - [Seventh Circuit Ruling Resets the BIPA Damages Landscape for Illinois Employers](https://levinginsburg.com/seventh-circuit-ruling-resets-the-bipa-damages-landscape-for-illinois-employers/) - A landmark decision issued April 1, 2026 by the U.S. Court of Appeals for the Seventh Circuit has significantly changed the stakes of biometric privacy litigation in Illinois. In a consolidated ruling resolving three interlocutory appeals—Clay v. Union Pacific Railroad Co., Willis v. Universal Intermodal Services, and Gregg v. Central Transport LLC—the court held that - [A Nationwide Shift: What the New THC Product Legislation Means for the Hemp Industry](https://levinginsburg.com/a-nationwide-shift-what-the-new-thc-product-legislation-means-for-the-hemp-industry/) - On November 12, 2025, in connection with legislation designed to end the government shutdown, President Trump signed omnibus spending legislation that includes a provision effectively banning most consumable hemp-derived THC products nationwide. The provision reverses key aspects of the hemp framework established under the 2018 Farm Bill and poses an existential threat to a multi-billion-dollar - [The Rise of Digital Estate Planning: What Illinois Residents Should Know in 2026](https://levinginsburg.com/the-rise-of-digital-estate-planning-what-illinois-residents-should-know-in-2026/) - Estate planning has expanded far beyond paper documents and physical assets in the digital age. Many assets including photos, cryptocurrency, social media accounts, and even different forms of business operation exist only in digital form. Given this recent shift, many traditional estate plans don’t address what happens to these assets, or how your family can - [Cannabis Schedule III Tax Implications: The Tax and Transaction Story Behind the Headline](https://levinginsburg.com/cannabis-schedule-iii-tax-implications-the-tax-and-transaction-story-behind-the-headline/) - On December 18, 2025, President Donald Trump signed an executive order addressing federal cannabis policy by directing the Department of Justice to expedite completion of the Controlled Substances Act rescheduling process that would move cannabis from Schedule I to Schedule III. Public discussion has understandably treated this as a turning point. It is, but the - [Copyright Trolls Explained: When Enforcement Crosses the Line](https://levinginsburg.com/copyright-trolls-explained-when-enforcement-crosses-the-line/) - Copyright trolls are entities or individuals who attempt to enforce someone’s copyright against an unwitting infringer. These trolls know that copyright infringement is a strict liability offense. When they see that someone’s copyright might be infringed, they pounce and demand a monetary settlement via a copyright infringement claim. The most common are those enforcing copyrights - [When to Call an Attorney](https://levinginsburg.com/when-to-call-an-attorney/) - No matter the size of your business, challenges are part of the legal journey. Sometimes it’s a disagreement with a vendor, subcontractor, or client. Other times, it may involve a current or former employee. When a legal challenge arises, calling an attorney early on can help reduce the risk of a dispute becoming a lawsuit. - [Hey Claude: Are Communications with an AI Platform Privileged?](https://levinginsburg.com/hey-claude-are-communications-with-an-ai-platform-privileged/) - The legal boundaries of generative artificial intelligence (“AI”) communications have been the subject of much discussion. Now, the United States District Court for the Southern District of New York has weighed in on generative AI legal risks, including the issues of whether communications to an AI provider can be subject to the attorney-client and work - [How Will Your Business Respond to a Data Breach?](https://levinginsburg.com/how-will-your-business-respond-to-a-data-breach/) - When your business suspects that there may have been a data breach, it’s important to promptly implement your Incident Response Plan. This typically includes notifying the IT department and involving leadership. This may be the time to notify the legal team as well. It’s important to document all steps that are taken in response to - [Levin Ginsburg Client 50,000feet Inc. Receives Growth Investment](https://levinginsburg.com/levin-ginsburg-client-50000feet-inc-receives-growth-investment/) - Levin Ginsburg client 50,000feet, an independent global brand consultancy and creative agency leading transformation and activation for the world’s most respected brands, received a growth investment from Erie Street Growth Partners, a private investment firm that partners with founders, management teams, and family office investors to unlock next-level growth. According to the press release, the - [What You Need to Know About the Federal Corporate Transparency Act](https://levinginsburg.com/what-you-need-to-know-about-the-federal-corporate-transparency-act/) - The Federal Corporate Transparency Act (CTA), enacted by Congress as a component of the Anti-Money Laundering Act of 2020, goes into effect starting January 1, 2024. Under the CTA, millions of small businesses will be required to file reports containing personally identifiable information for beneficial owners and company applicants with the federal government. Companies that - [Why Proper Documentation is Vital for Nonprofit Corporate Sponsorships](https://levinginsburg.com/why-proper-documentation-is-vital-for-nonprofit-corporate-sponsorships/) - Corporate sponsorships and underwriting have become key strategies for many nonprofits and associations nationally. These types of non-dues revenue can be an important component of any nonprofit or association bottom line. Corporate sponsorships have transformative power in advancing a nonprofit or association mission and can significantly impact success and sustainability. However, it is important to - [Bylaws: A Governance Document; Not Your Operations Manual](https://levinginsburg.com/bylaws-a-governance-document-not-your-operations-manual/) - Bylaws serve as an organization's governing roadmap, outlining the rules and procedures that guide operations and strategic focus. Well-crafted bylaws promote clarity and minimize disputes for nonprofits and associations. While there should always be some room for interpretation, poorly written or outdated bylaws can hinder progress and lead to challenges. Strong bylaws typically include key - [Overly Detailed Board of Directors Minutes: A Legal Liability?](https://levinginsburg.com/overly-detailed-board-of-directors-minutes-a-legal-liability/) - Here’s a hypothetical scenario for you. The board of directors of a well-respected nonprofit organization was sued by a disgruntled former board member, citing disagreements over strategic direction. During discovery, the plaintiff's legal team seized the organization's meticulously detailed meeting minutes, using specific quotes and characterizations of discussions to paint a picture of internal discord - [The Perils of "Keeping Up with the Joneses": When Association Pricing Crosses the Antitrust Line](https://levinginsburg.com/the-perils-of-keeping-up-with-the-joneses-when-association-pricing-crosses-the-antitrust-line/) - Imagine an association establishing its dues based solely on what their “competitor” association charges. However, this practice can lead to issues with antitrust regulators. The Sherman Act and Clayton Act, cornerstones of U.S. antitrust law, prohibit agreements that restrain trade or substantially lessen competition. Blindly mirroring a competitor's pricing strategy can be construed as an - [When Nonprofit Boards Fail: The Domino Effect of Neglected Duties](https://levinginsburg.com/when-nonprofit-boards-fail-the-domino-effect-of-neglected-duties/) - The following scenario happens far too often. A renowned non-profit, celebrated for its impactful work, faces a sudden downfall. Donors withdraw support, key staff members resign, and the organization's reputation suffers irreparable damage. The root cause often stems from the board of directors prioritizing personal gain over the organization's mission, hastily made decisions, or even - [Federal Corporate Transparency Act Reporting is Now Required](https://levinginsburg.com/federal-corporate-transparency-act-reporting-is-now-required/) - The Corporate Transparency Act requires that businesses and closely held entities must file a report with the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN). This law affects primarily small businesses by requiring them to identify the company’s beneficial ownership, or those that have substantial control over the organization. The Corporate Transparency Act - [Illinois Just Put Teeth in Wage Orders: What SB 2164 Means for Your Business](https://levinginsburg.com/illinois-just-put-teeth-in-wage-orders-what-sb-2164-means-for-your-business/) - For Illinois payroll managers, big changes went into effect on August 1, 2025 with SB 2164. The Illinois Department of Labor (IDOL) has a bigger stick and a shorter fuse when it comes to unpaid wage orders. This isn’t a tweak: it’s a shift in leverage that has major implications for your risk profile. The - [The Small Estate Affidavit is Now Available for Estates that Aren’t Quite so Small](https://levinginsburg.com/the-small-estate-affidavit-is-now-available-for-estates-that-arent-quite-so-small/) - The Illinois Probate Act has long provided a streamlined process for handling small estates with a small estate affidavit. This allows heirs to bypass formal probate proceedings, saving time and money. Recently, Illinois enacted Public Act 104-0346, and this brings significant updates to the process. Effective immediately, the threshold for small estate affidavits has been - [The Power to Protect: Understanding Power of Attorney in Illinois](https://levinginsburg.com/the-power-to-protect-understanding-power-of-attorney-in-illinois/) - Whether you are facing a sudden illness, a serious injury, or the challenges of cognitive decline, having the proper legal protections in place can make all the difference. In Illinois, an essential document to include in your estate plan is the Power of Attorney (POA). This ensures your wishes are respected and your affairs are - [Summer Surge: Chicago Minimum Wage Increases Effective July 1, 2025](https://levinginsburg.com/summer-surge-chicago-minimum-wage-increases-effective-july-1-2025/) - As of July 1, 2025, Chicago’s minimum wage rates have officially increased, marking another important step in the city’s ongoing efforts to ensure fair compensation for workers. The new minimum wage is now $16.60 per hour for non-tipped employees. For tipped employees, such as restaurant servers and bartenders, the base wage has increased to $12.62 - [Illinois Landlords Face a Deluge of Disclosure Requirements](https://levinginsburg.com/illinois-landlords-face-a-deluge-of-disclosure-requirements/) - Landlords need to stay up to date concerning the many obligations and disclosure requirements that govern their leases and tenant relationships. Disclosure requirements range from the federally mandated lead paint disclosure to local ordinances concerning bed-bugs. Landlords in Chicago must also be aware of the Chicago Residential Landlord and Tenant Ordinance (RLTO). The RLTO’s requirements - [Documentation: The Difference Between Winning or Losing](https://levinginsburg.com/documentation-the-difference-between-winning-or-losing/) - Prior to opening statements at trial, the Court will give the jury Illinois Pattern Jury Instruction 1.01(A)[5] instructing the jury that “you are the only judges of the credibility of the witnesses. You will decide the weight to be given to the testimony of each of them. In evaluating the credibility of the witness, you - [Can AI Creations be Protected by Copyright?](https://levinginsburg.com/can-ai-creations-be-protected-by-copyright/) - Can an AI create something copyrightable? Under current law the answer is no, not without humans being involved in the process. The D.C. Circuit recently ruled in Thaler v. Perlmutter, following longstanding principles of copyright law, that an author must be a human. This sets an important precedent for copyright lawyers working on cases dealing - [Telephone Consumer Protection Act: New Rules for Withdrawing Consent](https://levinginsburg.com/telephone-consumer-protection-act-new-rules-for-withdrawing-consent/) - The Telephone Consumer Protection Act (TCPA) prohibits the use of automated text messages (robotexts) and autodialed phone calls (robocalls) for marketing purposes without the prior express marketing consent of the called party to being included in a cold calling list. Effective April 11, 2025, the Federal Communications Commission’s (FCC) final rule codifies clear regulatory protections - [Illinois Condominium Property Act: New Accessible Parking Requirements are now in effect for Condominiums](https://levinginsburg.com/illinois-condominium-property-act-new-accessible-parking-requirements-are-now-in-effect-for-condominiums/) - The State of Illinois recently adopted new accessible parking requirements governing existing and newly constructed or converted condominium properties. Section 18.12 of the Illinois Condominium Property Act became effective January 1, 2025 and requires all Boards of Directors of condominium associations to adopt a policy by April 2, 2025 to reasonably accommodate a unit owner - [Understanding the Amended Chicago Residential Landlord and Tenant Ordinance (RLTO)](https://levinginsburg.com/understanding-the-amended-chicago-residential-landlord-and-tenant-ordinance-rlto/) - Most landlords in Chicago are required to comply with the Chicago Residential Landlord and Tenant Ordinance (RLTO). Violations of certain strict liability sections of the RLTO can lead to significant penalties for which a landlord rarely has a defense. Keeping Tenants Informed About the RLTO One such section of the RLTO requires landlords to provide tenants - [The Federal Corporate Transparency Act Deadline is December 31, 2024](https://levinginsburg.com/the-federal-corporate-transparency-act-deadline-is-december-31-2024/) - On January 1, 2024, the Federal Corporate Transparency Act (CTA) went into effect and U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) began accepting reports. As a reminder, the date to file a report is rapidly approaching. Most Entities created prior to January 1, 2024, will be required to file a report before - [Are Your Electronic Passwords Tangible Property That Can Be Converted?](https://levinginsburg.com/are-your-electronic-passwords-tangible-property-that-can-be-converted/) - Illinois law defines conversion as the intentional exercise of dominion or control over property which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the property. In other words, conversion is the wrongful deprivation of property from the - [Texas Court Blocks Department of Labor's Overtime Rule](https://levinginsburg.com/texas-court-blocks-department-of-labors-overtime-rule/) - On November 15, 2024, a federal judge in Texas struck down the U.S. Department of Labor’s (DOL) rule that raised salary thresholds for overtime exemptions under the Fair Labor Standards Act (FLSA). This decision has far-reaching implications for employers and workers nationwide, particularly those affected by the 2024 changes. Overview of the DOL’s Rule and - [ICE is at Your Business: Now What?](https://levinginsburg.com/ice-is-at-your-business-now-what/) - Immigration enforcement continues to be a major focus in 2025, with U.S. Immigration and Customs Enforcement (ICE) increasing workplace audits and raids. Industries such as hospitality, meat processing, agriculture, construction, and manufacturing are particularly vulnerable to these visits. Mishandling these situations can result in legal issues, workplace disruptions, and reputational harm. Levin Ginsburg’s attorneys are - [What Employers Need to Know About the New Illinois Transparency Law](https://levinginsburg.com/what-employers-need-to-know-about-the-new-illinois-transparency-law/) - On January 1, 2025, an amendment to the Illinois Equal Pay Act will require many Illinois employers to adopt new practices in job postings to enhance salary transparency. Signed into law by Governor J.B. Pritzker in August 2023, this amendment introduces several significant requirements for employers in Illinois. What is the New Illinois Pay Transparency - [The Landscape of Noncompete Provisions Continues to Evolve](https://levinginsburg.com/the-landscape-of-noncompete-provisions-continues-to-evolve/) - On August 20, 2024, in Ryan LLC v. Federal Trade Commission, the Northern District of Texas struck down the FTC’s noncompete rule, declaring it unlawful. The court held that the FTC had exceeded its statutory authority and criticized the rule as an arbitrary and capricious blanket prohibition. Revisit our blog post from earlier this year - [Does Your Website Need to be ADA Compliant?](https://levinginsburg.com/does-your-website-need-to-be-ada-compliant/) - The Americans with Disabilities Act (ADA) exists to prohibit discrimination against those individuals with disabilities. ADA law defines a disability as a physical or mental impairment that substantially limits a major life activity. Did you know that the ADA prohibits online discrimination in addition to physical, in person discrimination and physical barriers? This is because - [Restrictions on Limiting Fiduciary Duties Owed Under the Illinois Limited Liability Act](https://levinginsburg.com/restrictions-on-limiting-fiduciary-duties-owed-under-the-illinois-limited-liability-act/) - Changes to the Illinois Limited Liability Company Act (the “LLC Act”) become effective January 1, 2022. The upcoming changes to the LLC Act affect the ability of operating agreements to alter or eliminate certain fiduciary duties owed by LLC members. LLCs are owned by their members and are generally governed by some combination of the - [Licensing Your Product](https://levinginsburg.com/licensing-your-product/) - You have spent years — maybe even decades — developing and creating your product. Finally, your product is ready to be put to market, and you plan on licensing it to other companies or individuals. But how do you protect yourself and your rights in the product while allowing another person or entity to use - [Dispute Resolution and Default Clauses in Commercial Contracts](https://levinginsburg.com/dispute-resolution-and-default-clauses-in-commercial-contracts/) - Business transactions close principally because of the relationship between the parties. While seemingly crucial, parties frequently neglect to see past the strength of their relationship to determine what potential risks lie ahead should the business deal turn sour. When formalizing business transactions in writing, parties are often hesitant to include language that could "upset the - [Class Action Claims Proceed Swimmingly Against ALDI](https://levinginsburg.com/class-action-claims-proceed-swimmingly-against-aldi/) - On May 17, 2022, the United States District Court for the Northern District of Illinois entered order denying the national grocery retailer ALDI’s motion to dismiss class action claims alleging that ALDI falsely and deceptively marketed its Atlantic Salmon as “sustainably sourced.” The class action complaint alleges that contrary to ALDI’s representation “Simple. Sustainable. Seafood.” - [Key Updates to the Federal Corporate Transparency Act](https://levinginsburg.com/key-updates-to-the-federal-corporate-transparency-act/) - On January 1, 2024, the Federal Corporate Transparency Act (CTA) went into effect. This law affects mostly small businesses by requiring them to report beneficial ownership or those that have substantial control over the organization to the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN). Under the law, the entities that must report - [The Opportunity of Office to Medical Space Conversions](https://levinginsburg.com/the-opportunity-of-office-to-medical-space-conversions/) - Traditional office spaces, once bustling hubs of professional life, now echo with emptiness. In the wake of the global pandemic, U.S. office vacancy reached 20%, according to a Jones Lang LaSalle (JLL) report. This number excludes the staggering 30% of office spaces that are estimated to become vacant by 2026. Nevertheless, healthcare real estate investment - [How a Recent Court Settlement is Reshaping the Real Estate Market](https://levinginsburg.com/how-a-recent-court-settlement-is-reshaping-the-real-estate-market/) - A recent court settlement between the National Association of Realtors (NAR) and groups of homeowners across the U.S. has upended the status quo by doing away with the traditional agent commission of 5-6%. As part of the settlement, the NAR agreed that brokers listing homes on NAR affiliated databases no longer need to offer or - [A Properly Drafted Non-Reliance Clause Can Bar Fraud Claims](https://levinginsburg.com/a-properly-drafted-non-reliance-clause-can-bar-fraud-claims/) - A well-drafted non-reliance clause will bar a later-asserted claim for common law fraudulent misrepresentation or fraudulent inducement. A non-reliance clause should not be confused with an integration clause. An integration clause (also called a merger clause) provides that the contract to be signed represents the final agreement, merges all prior versions of the contract, and supersedes - [The Expanded Illinois Secure Choice Retirement Savings Program Will Soon Cover Small Employers](https://levinginsburg.com/the-expanded-illinois-secure-choice-retirement-savings-program-will-soon-cover-small-employers/) - The Illinois Secure Choice Retirement Savings Program (“SCRSP”) is a retirement savings instrument for private sector workers in Illinois who do not have access to an employer-sponsored plan. Recent legislation expands the SCRSP to cover employers with five or more employees. Previously, the SCRSP applied only to employers with 25 or more employees that had - [What to Know About the New Illinois Child Extended Bereavement Leave Act](https://levinginsburg.com/what-to-know-about-the-new-illinois-child-care-bereavement-leave-act/) - Enacted on August 4, 2023, by Governor J.B. Pritzker, the new Illinois Child Extended Bereavement Leave Act (“CEBLA”) (SB2034) will become effective on January 1, 2024. The new version of the CEBLA will now require covered Illinois employers to provide additional unpaid leave to employees who experience a child’s death due to homicide or suicide. - [Important Change to the Illinois Equal Pay Act](https://levinginsburg.com/important-change-to-the-illinois-equal-pay-act/) - An amendment to the Illinois Equal Pay Act (“Illinois EPA”) that took effect January 1, 2022 clarified that the Illinois EPA does not prohibit employers from discussing with job applicants the unvested equity or deferred compensation that the applicant would forfeit upon resigning from the applicant’s current employer. While the Illinois EPA continues to restrict - [Approaching Deadline for the Illinois Secure Choice Retirement Savings Program (“SCRSP”)](https://levinginsburg.com/approaching-deadline-for-the-illinois-secure-choice-retirement-savings-program-scrsp/) - The Illinois Secure Choice Retirement Savings Program (“SCRSP”) is a state-facilitated retirement savings instrument for private sector workers in Illinois who do not have access to an employer-sponsored plan. The SCRSP covers employers with 5 or more employees. Registration for employers with 5-15 employees is currently open until the deadline on November 1, 2023. The - [How to Navigate the New Illinois Freelance Worker Protection Act (FWPA)](https://levinginsburg.com/how-to-navigate-the-new-illinois-freelance-worker-protection-act-fwpa/) - The recently enacted Illinois Freelance Worker Protection Act (FWPA) goes into effect on July 1, 2024. It requires non-governmental persons and entities contracting with freelance workers to provide written contracts and timely paid compensation. Failure to do so under FWPA leaves the persons or entities vulnerable to administrative and civil actions for violations. Overview The - [Does Your Corporation Own Your Life Insurance?](https://levinginsburg.com/does-your-corporation-own-your-life-insurance/) - Shareholders often (and should) enter into buy-sell agreements to provide for the purchase of their shares of stock upon the occurrence of certain events, such as death, disability, divorce, or bankruptcy. Often, these agreements are “funded” through the purchase of life insurance policies, payable on the death of a shareholder. There are various ways life - [Employment Law 2024 Updates: Overtime Rules, PWFA Regulations, and FTC Noncompete Ban](https://levinginsburg.com/employment-law-2024-updates-overtime-rules-pwfa-regulations-and-ftc-noncompete-ban/) - It’s important to stay ahead of the curve with the latest pivotal changes in employment law. From the Department of Labor’s new overtime pay thresholds, significant regulations under the Pregnant Workers Fairness Act, to a sweeping ban on noncompete agreements, here are the most important employment law changes to know in 2024. Overtime Exemption Changes - [The Federal Trade Commission is Set to Implement New Rule Prohibiting Noncompete Clauses](https://levinginsburg.com/the-federal-trade-commission-is-set-to-implement-new-rule-prohibiting-noncompete-clauses/) - The Federal Trade Commission (FTC) has implemented a new, transformative rule, set to take effect 120 days after its publication in the Federal Register, prohibiting noncompete clauses across most employment sectors and applying to all employees, except current “Senior Executives”. This sweeping change intends to enhance labor mobility and spur economic innovation by allowing employees - [Understanding How Right of Publicity is Applied in the Entertainment Industry](https://levinginsburg.com/understanding-how-right-of-publicity-is-applied-in-the-entertainment-industry/) - Digital entertainment experiences utilizing artist likenesses are becoming increasingly popular, however, they can create legal pitfalls when the proper authorizations are not obtained. For example, the estate of comedian George Carlin recently settled a lawsuit against an AI-generated imitation of the comedian. In January, an unauthorized hour-long special was released called “George Carlin: I’m Glad - [The Seventh Circuit Seeks Guidance from Delaware Supreme Court on Forfeiture-for-Competition Clauses](https://levinginsburg.com/the-seventh-circuit-seeks-guidance-from-delaware-supreme-court-on-forfeiture-for-competition-clauses/) - The United States Court of Appeals for the Seventh Circuit, based in Illinois, certified two questions for the Delaware Supreme Court on the applicability and scope of forfeiture-for-competition provisions stemming from Delaware’s recent decision in LKQ Corporation v. Robert Rutledge. The questions the Seventh Circuit certified concern the enforceability of competition clauses beyond the limited - [Illinois Legislation Narrowing Restrictive Covenants Takes Effect January 1, 2022](https://levinginsburg.com/illinois-legislation-narrowing-restrictive-covenants-takes-effect-january-1-2022/) - Levin Ginsburg previously updated our clients on the proposed changes to Illinois non-compete and non-solicitation law (See March 30, 2021 blog here). That legislation passed on May 31, 2021, was signed into law August 13, 2021, and takes effect January 1, 2022. The new law is not retroactive, so it will not impact any agreement - [Trademark Registration: An Invaluable Tool to Protect Your Intellectual Property](https://levinginsburg.com/trademark-registration-an-invaluable-tool-to-protect-your-intellectual-property/) - Trademarks are symbols used in commerce to identify the source of particular goods or services. Registration gives benefits above and beyond the common law rights which arise in the U.S. upon use in commerce. But why should you want to register your marks internationally? It’s because trademark rights are territorial. There are both defensive and - [Intellectual Property In a Time of War](https://levinginsburg.com/intellectual-property-in-a-time-of-war/) - The world’s attention is now focused on the ongoing situation in Ukraine. However, the battle lines are not always easily seen on a map. In modern warfare, even intellectual property rights can be caught in the crossfire. As part of its response to the war, the United States joined other countries in declaring economic sanctions - [DOJ Issues Updated Guidance on ADA Website Accessibility](https://levinginsburg.com/doj-issues-updated-guidance-on-ada-website-accessibility/) - Many business owners are familiar with Title I of the Americans with Disabilities Act (“ADA”) in the context of making reasonable accommodations for their disabled employees. However, any private business that is open to the public is also potentially subject to Title III of the ADA, which protects individuals with disabilities from discrimination in accessing - [When Is Breach of a Future Promise Fraudulent Inducement?](https://levinginsburg.com/when-is-breach-of-a-future-promise-fraudulent-inducement/) - Imagine you are negotiating a contract with ABC Company and that ABC Company makes promises about what it will do in the future. These future promises are not set forth in the contract, but you entered into the contract because of those promises. Further assume that when ABC Company’s obligations arise (long after you executed - [What Does your Insurance Policy Actually Cover?](https://levinginsburg.com/what-does-your-insurance-policy-actually-cover/) - Insurance is a key part of managing risk and protecting against unexpected financial losses. Individuals and businesses alike can benefit from the right coverage, whether it be your personal auto policy, commercial general liability policy, or property damage coverage. But don’t assume that just because you have a policy you are fully covered. Insurance policies - [No Contract, No Problem: How to Recover What You Are Owed](https://levinginsburg.com/no-contract-no-problem-how-to-recover-what-you-are-owed/) - Business relationships are typically governed by written or oral contracts. However, not all contracts are alike. Sometimes, the contract is not signed by all of the parties. Other times, the contract is missing key material terms. Generally, businesses and individuals assume that the entities they do business with will keep their word and pay them after services are performed. - [The Pre-judgment Interest Amendment Remains a Hotly Contested Issue Nearly a Year After It Passed.](https://levinginsburg.com/the-pre-judgment-interest-amendment-remains-a-hotly-contested-issue-nearly-a-year-after-it-passed/) - In 2021, the Illinois Legislature passed a law permitting a statutory 6% interest rate on bodily injury lawsuits. As the amendment was being debated in the Legislature, the text of the proposed bill was hotly debated between members of the plaintiffs’ and defendants’ bar and at least one Cook County Court has already found that - [New York is on the Verge of Banning Non-Compete Agreements](https://levinginsburg.com/new-york-is-on-the-verge-of-banning-non-compete-agreements/) - Following a recent trend among state legislatures and the Federal Trade Commission (FTC), the State of New York is poised to ban most non-compete agreements, both in the employment context and possibly in the sale of a business. On June 20, 2023, the New York State Assembly approved legislation banning non-competes for employees and independent - [Illinois Passes Paid Leave for Any Reason - Effective January 1, 2024](https://levinginsburg.com/illinois-passes-paid-leave-for-any-reason-effective-january-1-2024/) - Illinois became only the third state to require that employers provide paid leave to its employees for any reason. The new law goes into effect on January 1, 2024, and it impacts nearly every employer and employee in the state of Illinois. Covered Employees and Employers The new “Paid Leave for All Workers Act” (the - [A New Bill Amending the Illinois Day and Temporary Services Act Offers Better Protections for Day and Temp Workers](https://levinginsburg.com/a-new-bill-amending-the-illinois-day-and-temporary-services-act-offers-better-protections-for-day-and-temp-workers/) - On May 19, 2023, the Illinois General Assembly passed significant amendments to the Illinois Day and Temporary Labor Services Act (“the Act”). The amendments to the Act, known as the Temp Worker Fairness and Protection Act (TWFPA), protects day and temporary workers in Illinois from common violations including unpaid wages, unlawful deductions, and other labor - [United States Supreme Court is Changing How Employers Must Handle Religious Accommodations](https://levinginsburg.com/united-states-supreme-court-is-changing-how-employers-must-handle-religious-accommodations/) - On June 29, 2023, the United States Supreme Court issued a decision in Groff v. DeJoy changing the criteria employers must consider under Title VII of the Civil Rights Act of 1964 when asked to grant a religious accommodation. Title VII requires employers to reasonably accommodate an employee’s religious practices unless the reasonable accommodation would - [The Changing Landscape of Privacy Protection](https://levinginsburg.com/the-changing-landscape-of-privacy-protection/) - Privacy protection for consumer data changes on a regular basis. Certainly, those doing business in California and the European Union (EU) need to be cognizant of their data collection practices, but Colorado, Connecticut, Utah, and Virginia are U.S. states that have also recently enacted privacy regulations. Companies doing business in these states need to understand - [What Are Some of the Ways Levin Ginsburg’s Real Estate Practice Group Can Support You?](https://levinginsburg.com/what-are-some-of-the-ways-levin-ginsburgs-real-estate-practice-group-can-support-you/) - Levin Ginsburg’s Real Estate Practice Group routinely represents clients in a broad range of transactions and related matters, including property purchases and sales, the formation of joint ventures, leases (on behalf of landlords and tenants), and real estate financing (including construction and permanent financing). Levin Ginsburg represents a wide variety of clients in connection with - [How the Illinois Electric Vehicle Charging Act is Impacting Residential Real Estate](https://levinginsburg.com/how-the-illinois-electric-vehicle-charging-act-is-impacting-residential-real-estate/) - The State of Illinois recently adopted the “Electrical Vehicle Charging Act” (the Act) which was signed by Governor J.B. Pritzker and becomes effective January 1, 2024. The Act requires all newly constructed single-family residences and small multi-family residences (consisting of two to four units) to have at least one “EV-capable” parking space available for each - [Understanding Chicago’s New Energy Transformation Code](https://levinginsburg.com/understanding-chicagos-new-energy-transformation-code/) - Chicago continues to solidify its position at the forefront of energy conservation in the U.S. On January 1, 2023, Chicago’s New Energy Transformation Code went into effect for new or renovated properties in the city. The New Energy Transformation Code has two primary objectives: (1) to create effective use and conservation of energy, and (2) - [Why Proper Documentation is Critical to Prevailing in Litigation](https://levinginsburg.com/why-proper-documentation-is-critical-to-prevailing-in-litigation/) - Small and midsize businesses conduct business in different ways. Too often though, businesses favor expediency over detailed record keeping. Record keeping takes many forms, such as detailed e-mail communications, internal memos, or documents that memorialize critical verbal conversations. Though expediency keeps costs down and is efficient, when a dispute arises, lacking the proper documentation can - [Employers Continue To Struggle With Employee Leave Laws That Protect Parents In The Wake Of Schools Reopening](https://levinginsburg.com/employers-continue-to-struggle-with-employee-leave-laws-that-protect-parents-in-the-wake-of-schools-reopening/) - With the start of the school year upon us, employers continue to struggle with employee leave laws that protect parents. In response to the pandemic, Congress passed sweeping legislation (the Family First Coronavirus Response Act or FFCRA) that provides, among other benefits, up to 12 weeks of paid leave for parents who are unable to - [City of Chicago Fast Tracks $15/Hour Minimum Wage Ordinance](https://levinginsburg.com/city-of-chicago-fast-tracks-15-hour-minimum-wage-ordinance/) - On November 26, 2019 the Chicago City Council amended its Minimum Wage Ordinance to accelerate its $15/hour minimum wage hike four years ahead of schedule. Instead of tying the increases to CPI in 2020, the amendment will increase the minimum wage to $14/ hour on July 1, 2020 and to $15/hour July 1, 2021. The - [Employee Owes Fiduciary Duty to Employer and Cannot Misappropriate a Corporate Opportunity](https://levinginsburg.com/employee-owes-fiduciary-duty-to-employer-and-cannot-misappropriate-a-corporate-opportunity/) - The Illinois Appellate Court has reiterated what the Illinois Supreme Court said a few years ago: Employees of a corporation owe a duty of loyalty to the company by which they are employed. And that it is a breach of their fiduciary obligation to appropriate for their own gain an opportunity that rightfully belongs to - [“If You Give a Mouse a Cookie …” : Informational Rights of Minority Shareholders of Close Corporations and LLC Members in Illinois](https://levinginsburg.com/if-you-give-a-mouse-a-cookie-informational-rights-of-minority-shareholders-of-close-corporations-and-llc-members-in-illinois-2/) - Nearly all shareholder and membership disputes begin with a minority shareholder or member suspecting mismanagement by the majority shareholders or controlling members. It is that suspicion – if legitimate – that gives rise to the statutory informational rights of minority members and shareholders. In the corporation context, the Illinois Business Corporations Act entitles shareholders access - [Businesses Cannot Count on Business Interruption Coverage to Combat Covid-19](https://levinginsburg.com/the-courts-have-spoken-businesses-cannot-count-on-business-interruption-coverage-to-combat-covid-19/) - On May 27, 2020, Levin Ginsburg published a blog post (https://lgattorneys.com/can-businesses-count-on-business-interruption-coverage-to-combat-covid-19-losses/) on a fast-developing legal situation in the business and insurance coverage community due to the COVID-19 pandemic. Specifically, as businesses were required to comply with states’ closure orders and social distancing guidelines, many submitted claims to their insurers under their policies’ business interruption coverage. - [Reminder to Chicago Landlords: Tenants Must be Notified of a Pending Foreclosure Action](https://levinginsburg.com/reminder-chicago-landlords-tenants-must-notified-pending-foreclosure-action-2/) - Under the City of Chicago Residential Landlord Tenant Ordinance (“RLTO”), owners and landlords of residential property located in the City of Chicago must notify their tenants of a foreclosure action within seven (7) days of being served with the foreclosure complaint. If the foreclosure action is pending at the time the lease is executed, the - [Privacy and the Applicant](https://levinginsburg.com/privacy-and-the-applicant/) - The interviewing process should not be one that is fraught with legal risk. However, privacy concerns are on the rise for employers, particularly with respect to what information can legally be asked of an applicant, and what information may be obtained on a particular applicant with or without the applicant’s permission. As an employer, can - [Reminder to Chicago Landlords: Tenants Must be Notified of a Pending Foreclosure Action](https://levinginsburg.com/reminder-chicago-landlords-tenants-must-notified-pending-foreclosure-action/) - Under the City of Chicago Residential Landlord Tenant Ordinance (“RLTO”), owners and landlords of residential property located in the City of Chicago must notify their tenants of a foreclosure action within seven (7) days of being served with the foreclosure complaint. If the foreclosure action is pending at the time the lease is executed, the - [Why You Should Follow Corporate Formalities as a Limited Liability Company](https://levinginsburg.com/why-you-should-follow-corporate-formalities-as-a-limited-liability-company/) - Limited liability companies (LLCs) are becoming the “entities of choice” in small to medium size businesses owned by a limited number of members. LLCs are often preferred because of flow-through taxation, low registration costs, limited liability protection, minimal corporate formalities, and flexible membership. LLCs are often formed between family members, friends, or close business relationships - [Getting to Know the New Chicago Paid Leave and Paid Sick and Safe Leave Ordinance](https://levinginsburg.com/getting-to-know-the-new-chicago-paid-leave-and-paid-sick-and-safe-leave-ordinance/) - The Chicago City Council recently passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, effective July 1, 2024. The new ordinance requires all Chicago employers to provide employees with 40 hours of paid leave and 40 hours of paid sick leave within a 12-month period. The new ordinance supersedes the current Chicago - [Illinois Courts Deny Insurance Coverage for Pandemic Related Business Losses](https://levinginsburg.com/illinois-courts-deny-insurance-coverage-for-pandemic-related-business-losses-2/) - Several appellate courts in Illinois have further narrowed the path for businesses seeking insurance coverage for COVID-19 related losses. These recent court decisions highlight the fact that, even though the scope and economic effect of the pandemic on business was unexpected, standard insurance policy provisions have still been applied to exclude coverage. Since 2022, more - [Is the Confession of Judgment Provision In My Contract Enforceable?](https://levinginsburg.com/confession-judgment-provision-contract-enforceable/) - Answer: In a consumer transaction, no.¹ In a commercial transaction, it depends. A typical “confession of judgment” provision in a commercial contract (e.g., a promissory note) authorizes the creditor upon a default under the agreement to obtain a judgment for the amount owed without notice to the debtor(s) or guarantor(s), and allows the creditor to immediately - [Have You Looked at Your Estate Plan Documents Lately?](https://levinginsburg.com/looked-estate-plan-documents-lately/) - Does this sound familiar? “John and Mary kept delaying any discussions about preparing estate planning. After they had their first child, Jack, they finally decided it was time to discuss their estate plan with a lawyer. They set up a trust for Jack if anything happened to John and Mary and designated John’s parents, who - [The Corporate Transparency Act and its Impact on Commercial Real Estate](https://levinginsburg.com/the-corporate-transparency-act-and-its-impact-on-commercial-real-estate/) - The Corporate Transparency Act (CTA) went into effect on January 1, 2024. The CTA allows government entities to combat terrorism, money laundering, and tax abuse by requiring foreign and domestic reporting companies to disclose their beneficial ownership to the Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury Department. According to some estimates, there are - [Joseph Ginsburg to be a Guest on a Weekly Radio Show](https://levinginsburg.com/joseph-ginsburg-guest-weekly-radio-show/) - Joseph Ginsburg will be a guest on Shalom Klein’s AM560 radio show, Get Down To Business, on October 1st at 6:30 p.m.. Joe will be speaking on the topic of business continuity/succession planning.For more information about the show, please click here. - [Trademarks for Apps](https://levinginsburg.com/trademarks-for-apps/) - If you are a typical person today, you’ve likely used at least three different apps before 9 am. You get up in the morning and click on your weather app of choice to figure out what to wear and whether to take your umbrella. Then you grab an UBER® to get to the office and - [Updates to Construction Contracts](https://levinginsburg.com/updates-construction-contracts/) - As is its custom every ten years, the American Institute of Architects (AIA) has released updated versions of many of its industry standard construction documents commonly used by owners, architects and contractors. The A101 (Standard Form of Agreement between Owner and Contractor) and A201 (General Conditions of the Contract of Construction) – which constitute the most - [Is Your Business BIPA Compliant?](https://levinginsburg.com/business-bipa-compliant/) - In order to increase productivity and efficiency, businesses are increasingly using biometric data to identify employees, customers and other individuals. For example, some employers use biometric data to identify their employees and track work hours for purposes of compensation. Biometric information includes fingerprints, retina scans, facial scans, hand scans, or other identifiers that are biologically unique - [Is Your Business BIPA Compliant?](https://levinginsburg.com/business-bipa-compliant-2/) - In order to increase productivity and efficiency, businesses are increasingly using biometric data to identify employees, customers and other individuals. For example, some employers use biometric data to identify their employees and track work hours for purposes of compensation. Biometric information includes fingerprints, retina scans, facial scans, hand scans, or other identifiers that are biologically unique - [Illinois Appellate Court Recognizes Common Interest Exception to the Waiver of Attorney-Client and Work-Product Privilege](https://levinginsburg.com/illinois-appellate-court-recognizes-common-interest-exception-waiver-attorney-client-work-produce-privilege/) - On December 7, 2017, the Illinois appellate court for the First District in Selby v. O’Dea et al., held that co-litigants in a case who agree to share information with each other pursuant to their common interest in the litigation do not waive either the attorney-client privilege or work-product privilege. Although many federal and other - [New York Toy Fair Is Approaching. Are You Legally Prepared?](https://levinginsburg.com/new-york-toy-fair-approaching-legally-prepared/) - February 17, 2018 is fast approaching. Anyone who is anyone in the toy industry will be at Javits Convention Center showcasing the latest and greatest in toy innovation. All businesses in the toy industry are putting the final touches on their displays and their presentations. Is a meeting with the company’s lawyer on the pre-show checklist? - [How Do You Value a Business for Buy-Sell Purposes?](https://levinginsburg.com/value-business-buy-sell-purposes/) - Owners of closely held businesses should have a buy-sell agreement if there are multiple owners. The buy-sell agreement, often incorporated in a Shareholders Agreement for corporations, Operating Agreements for limited liability companies, and Partnership Agreements for partnerships, should plan for the continuity of the business upon such events as: - Death or disability of an - [Estate Tax Developments under the New Tax Act – What about Illinois residents?](https://levinginsburg.com/estate-tax-developments-new-tax-act-illinois-residents/) - Under the Tax Cuts and Jobs Act, the new federal estate tax system “exempts” from federal estate tax, all estates under $11.2 million for each decedent, meaning that a married couple could have an estate of $22.4 million and not incur any federal estate taxes. This higher amount means that most estates will not be - [Our Company is a US Company — Do We Care About GDPR?](https://levinginsburg.com/our-company-is-a-us-company-do-we-care-about-gdpr-2/) - The long-anticipated effective date of The Global Data Protection Regulation (“GDPR”) is upon us. On May 25, 2018, GDPR, a mandate for safeguarding the personal data of European citizens officially became effective. This article explores some of the implications GDPR has on U.S. based companies. i. Jurisdiction: For companies based in the United States of - [Purchaser Collection of Pre-Closing Rent Deficiency](https://levinginsburg.com/purchaser-collection-of-pre-closing-rent-deficiency/) - In the purchase and sale of real property which is leased to tenants, sellers and purchasers must pay particular attention to the allocation of rent collected both before and after the closing. A typical purchase and sale agreement will include, among other things, language addressing the allocation of rent by the parties for the current period - [Estate Planning and Administration: The Complete Guide](https://levinginsburg.com/4322-2/) - Morris Saunders will be a presenter at a seminar entitled "Estate Planning and Administration: The Complete Guide" for the National Business Institute. Morris will be giving two presentations at Illinois Business and Industry Services located at 1100 East Warrenville Road, Suite 150 Naperville IL 60563. The first presentation titled "Transfers During Life and Inter-Vivos Trusts" will take place - [You Can Run But You Can’t Hide… More On Privacy Regulation, GDPR And California. Who’s Next?](https://levinginsburg.com/you-can-run-but-you-cant-hide-more-on-privacy-regulation-gdpr-and-california-whos-next/) - On May 25, 2018, the European General Data Protection Regulation (“GDPR”) went into effect. US-based companies that had offices in the European Union or European Economic Area (collectively, “EU”) or those companies whose target market consisted of persons living in the EU were forced to take both IT and legal measures to ensure compliance, or - [Have You Looked At Your Buy-Sell Agreement Lately? Business Succession Planning](https://levinginsburg.com/business-succession-planning/) - John, Alexandria, Mary, Martin, and Yvette, formed the Jammy Sleepwear Company over thirty-five (35) years ago. They were equal partners and formed a corporation. On the advice of their attorneys, the entered into a shareholders’ agreement that contained buy-sell provisions. This type of agreement is sometimes referred to as a “buy-sell agreement”. Their buy-sell agreement contained various - [Will 2 Years of Continued Employment Be Enough in Illinois to Enforce a Non-Compete?](https://levinginsburg.com/will-2-years-of-continued-employment-be-enough-in-illinois-to-enforce-a-non-compete/) - The Answer: It’s Complicated. In 2013, an Illinois Appellate Court in Fifield v. Premier Dealer Services, Inc., decided that absent additional consideration, continued employment for less than 2 years after the restrictive covenant was signed, would not be sufficient to enforce a restrictive covenant. The Fifield decision was unusual because courts often do not consider - [Recent Changes in Illinois Law Will Place Additional Burdens on Employers](https://levinginsburg.com/illinois-employment-law-changes/) - In 2018, Governor Bruce Rauner signed into law a number of changes that are already in effect or will go into effect starting January 1, 2019. As with each New Year, it is important to reflect on those changes and how they impact your business. Amendments to the Illinois Wage Payment and Collection Act As - [Predictive Scheduling Legislation: What You Need to Know to Avoid Costly Surprises](https://levinginsburg.com/predictive-scheduling/) - In approximately a dozen states and a number of smaller municipalities across the U.S., initiatives have been introduced that would allow state and local governments to dictate how restaurants (and retailers) schedule their employees. Some view this approach as interfering with employers’ rights to control the workplace, while others view it as a necessary tool - [Legal Tech Corner: Developing Laws to Fit the Internet of Things](https://levinginsburg.com/developing-laws-to-fit-the-internet-of-things/) - In typical California fashion, the state is leading the charge toward developing law that would regulate the Internet of Things (“IoT”). IoT devices typically include any device that connects to the internet, such as phones, tablets, home security systems, Amazon “Alexa” and other similar convenience items, thermostats, baby monitors, and even connected home security systems. - [Taxpayer Attempts To Claim A Unilateral Settlement With IRS](https://levinginsburg.com/irs-settlement/) - In his letter enclosing his $1,396 check, taxpayer asserted unilaterally that “we are now concluded on this tax return issue” and that he would not “have any more issues with IRS” regarding 2006. But there can be no settlement unless there is mutual assent to its terms, which taxpayer has not shown. To demonstrate assent - [The Bottom Line on the Impact of Minimum Wage Hikes on the Restaurant Industry](https://levinginsburg.com/minimum-wage-restaurant-industry/) - Minimum wages are rising across the country, with well over a dozen states, plus many cities increasing minimum wages over the past few years. As those changes are implemented, restaurant owners are finding that they must make significant adjustments to how they run their businesses in order to stay in business. The Bay Area of - [What is a Material Adverse Effect?](https://levinginsburg.com/what-is-a-material-adverse-effect/) - Review the default provisions of virtually any acquisition agreement and you will find a reference to the following (as an example): “Any event shall occur that, in Purchaser’s opinion, has a material adverse effect on the collateral, or Borrower’s financial or business conditions, operations or prospects,” or that reads as follows: “The entry of any - [Biometric Information Privacy Act Update](https://levinginsburg.com/biometric-information-privacy-act-update/) - In an attempt to increase productivity and efficiency, businesses are increasingly using biometric data to identify employees, customers and other individuals. One common example of the use of biometric data is by employers to identify their employees and track work hours for purposes of compensation. Biometric information includes fingerprints, retina scans, facial scans, hand scans, - [Employer Loses at Appellate Court because its EEOC Position Statement and Summary Judgment were Inconsistent](https://levinginsburg.com/employer-loses-at-appellate-court-because-its-eeoc-position-statement-and-summary-judgment-were-inconsistent/) - In November a Federal Appellate Court reversed a lower court’s decision granting summary judgment in favor of the employer in a sexual harassment retaliation claim. The Appellate Court’s decision to reverse was based primarily on the inconsistent story presented by the employer and its key witnesses. Because of the shifting timeline of key events, the - [How do you discipline an Employee who has made a Protected Complaint and Minimize Your Risk of a Retaliation Lawsuit?](https://levinginsburg.com/how-do-you-discipline-an-employee-who-has-made-a-protected-complaint-and-minimize-your-risk-of-a-retaliation-lawsuit/) - With the continued increase in employee based lawsuits (the Equal Employment Opportunity Commission filed 50% more sexual harassment lawsuits in 2018 over 2017) employers must be prepared to mitigate these risks. Any mitigation begins and ends with proactive policies that are consistently followed and provide for robust investigation and reporting mechanisms. One of the most - [An Unexpected Risk for Banks: The Chicago Residential Landlord and Tenant Ordinance](https://levinginsburg.com/an-unexpected-risk-for-banks-the-chicago-residential-landlord-and-tenant-ordinance/) - It is an all too common scenario these days with mortgage foreclosures still commonplace in Chicago: someone leases a single family home or condominium unit (used for residential purposes) from the then owner of the property. Subsequent to this lease being executed and the tenant taking possession, the owner goes into default on his or her - [Estimates are Opinions, Not Fact and Not Actionable](https://levinginsburg.com/estimates-are-opinions-not-fact-and-not-actionable/) - The internet has unquestionably provided unparalleled access to information to the public, both consumers and businesses, not seen since Johannes Gutenberg invented the printing press. One such benefit of the access the internet has provided is in real estate. Several websites now allow users to get estimates on almost every property imaginable. Zillow is one of these websites - [Morris Saunders to be a Presenter at Upcoming NBI Seminars](https://levinginsburg.com/morris-saunders-to-be-a-presenter-at-upcoming-nbi-seminars/) - Morris Saunders will be a presenter at two upcoming seminars for the National Business Institute. Both seminars are being held at Illinois Business & Industry Services located at 1100 East Warrenville Road, Suite 150 Naperville IL 60563. The first seminar is titled "Trusts: The Ultimate Guide" where Morris will be giving two presentations. The first - [Illinois Amended Equal Pay Act, Requiring Immediate Changes to Hiring Practices](https://levinginsburg.com/illinois-amended-equal-payment-act-requires-immediate-changes-to-hiring-practices/) - Governor Pritzker signed into law on July 31, 2019 significant changes to the Equal Pay Act that will require all employers to reevaluate their hiring practices and policies. These changes go into effect on September 29, 2019. Key Changes Wage History: Employers may not (a) screen job applicants based on wage or benefits history, (b) - [Can Your Business Adopt a Tradename that Others May Deem “Offensive”?](https://levinginsburg.com/can-your-business-adopt-a-tradename-that-others-may-deem-offensive/) - The answer may very well be a resounding, “Yes,” insofar as it relates to trade names and trademarks. Recently, the United States Supreme Court in Ioncu v. Brunetti ruled that a business could brand (and register) its line of clothing and accessories using the name, “FUCT”, a name that certainly the USPTO in the past - [Lenders, Beware! The Return of the Decade Old Foreclosure](https://levinginsburg.com/lenders-beware-the-return-of-the-decade-old-foreclosure/) - What is a bank to do when a former owner challenges a foreclosure proceeding based on the Court’s lack of personal jurisdiction nearly a decade after a judgment of foreclosure was entered and a foreclosed property sold at sheriff’s sale? In Deutsche Bank National Trust Co. v. Sedys, the Second District Appellate Court of Illinois addressed - [Current I-9 form will Expire August 31, 2019 – What should you do?](https://levinginsburg.com/current-i-9-form-will-expire-august-31-2019-what-should-you-do/) - The current I-9 form that is approved for use by the U.S. Citizenship and Immigration Services (USCIS) is set to expire on August 31, 2019. USCIS has not finalized the next version and in previous years, USCIS has directed employers to continue using the expired form (available at its website) until an updated version is - [REAL ESTATE TAX CONSIDERATIONS FOR COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENTS](https://levinginsburg.com/real-estate-tax-considerations-for-commercial-real-estate-purchase-and-sale-agreements/) - Since real estate taxes are always due after the period to which they relate (e.g. taxes for 2019 are not due until 2020) every real estate purchase and sale agreement contains a provision governing the proration of real estate taxes between the parties for pre-closing and post-closing periods. The general allocation of responsibility for real - [Predictive Scheduling Legislation: What You Need To Know To Avoid Costly Surprises](https://levinginsburg.com/predictive-scheduling-legislation-what-you-need-to-know-to-avoid-costly-surprises/) - In approximately a dozen states and a number of smaller municipalities across the U.S., including Illinois and Chicago, initiatives have been introduced that would allow state and local governments to dictate how restaurants (and retailers) schedule their employees. Some view this approach as interfering with employers’ rights to control the workplace while others view it - [LIBOR Rate Phase-out — What’s Next?](https://levinginsburg.com/libor-rate-phase-out-whats-next/) - Sometime in 2021, the most important benchmark for setting interest rates on commercial (and many variable rate residential) loans will be eliminated. Trillions of dollars of such loans are governed by LIBOR, which is short for the London interbank offered rate. LIBOR is determined on a daily basis and is the interest rate that London banks - [“For the times they are a-changing’.” Illinois Supreme Court rules that the Implied Warranty of Habitability does not apply to subcontractors.](https://levinginsburg.com/for-the-times-they-are-a-changing-illinois-supreme-court-rules-that-the-implied-warranty-of-habitability-does-not-apply-to-subcontractors/) - For over 30 years, since Minton v. Richards Group of Chicago, 116 Ill.App.3d 852 (1st Dist. 1983), subcontractors in Illinois have been potentially liable to homeowners for breach of the implied warranty of habitability even though there was no contract between the subcontractor and owner. The implied warranty of habitability is a judicially created doctrine - [Levin Ginsburg Welcomes Roenan Patt to the Firm](https://levinginsburg.com/levin-ginsburg-welcomes-roenan-patt-to-the-firm/) - LEVIN GINSBURG is pleased to announce that Roenan Patt has joined the firm as an Associate in its Litigation Practice Group. Mr. Patt is a graduate of The John Marshall Law School, cum laude, (J.D., 2012) and Roosevelt University, (B.S. Biology, 2009). Roenan is a litigation and trial lawyer who has six years of experience - [Illinois Minimum Wage Law Update - Higher Wages and Stiffer Penalties](https://levinginsburg.com/illinois-minimum-wage-law-update-higher-wages-and-stiffer-penalties/) - On February 19, 2019, newly elected Governor J.B. Pritzker fulfilled a campaign promise and signed legislation that will raise the Illinois Minimum Wage. The law made two major changes: Raised the minimum wage to $15.00 per hour by 2025 Significantly increased the penalties for violations of the act – including misclassifying independent contractors Minimum Wage - [CCPA UPDATE](https://levinginsburg.com/ccpa-update/) - While most businesses are aware, a surprisingly small number report that they will be ready to comply with the California Consumer Privacy Act (“CCPA”), when it officially takes effect on January 1, 2020. The CCPA was first signed into law in September 2018. Often touted as “GDPR Lite” or “GDPR 2.0” because of its similarity - [When Silence Is Not Golden, A Cautionary Tale For Brokers](https://levinginsburg.com/when-silence-is-not-golden-a-cautionary-tale-for-brokers/) - Under the “Carmack Amendment,” a motor carrier (i.e. an entity providing transportation of cargo) is generally strictly liable for damages incurred during the interstate shipment of goods. Alternatively, a broker (i.e. an entity who arranges for the transportation of cargo) is ordinarily not liable under the Carmack Amendment so long as it does not hold - [The Board Made a Wrong Decision – Can (Should) it be Held Liable?](https://levinginsburg.com/the-board-made-a-wrong-decision-can-should-it-be-held-liable/) - The board of directors made the decision to acquire a company for $100 million. The negotiations and the due diligence process were difficult, but the board finally approved the acquisition and the transaction closed. After closing, the acquirer determined that the value of the acquired company’s assets were greatly overstated and the acquiring company took - [New Rules Regarding Retirement Benefits — More Secure?](https://levinginsburg.com/new-rules-regarding-retirement-benefits-more-secure/) - The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) is now effective. The Act made various changes to rules regarding qualified retirement plans as well as some changes to 529 plans. The following are but a few of the changes: IRAs and other Qualified Retirement Plans Under the SECURE Act, the general rule is that - [Update on Federal COVID-19 Legislation](https://levinginsburg.com/update-on-federal-covid-19-legislation/) - Yesterday the President signed into law the Emergency Families First Coronavirus Response Act (H.R. 6201) (the “Act”) which provides for emergency family medical leave and emergency paid sick leave. Employers must comply on or before April 2, 2020. Here’s the benefits the Act provides for employees: Emergency Family Medical Leave Applies Only to Child Care - [Can Businesses Count on Business Interruption Coverage to Combat COVID-19 Losses?](https://levinginsburg.com/can-businesses-count-on-business-interruption-coverage-to-combat-covid-19-losses/) - When disaster such as fire, explosion, or other event strikes and damages a business to the point of interrupting operations, the business owner will turn toward its insurance policy and business interruption coverage (if available) to alleviate the financial fall out. Business interruption policies generally provide coverage for lost income and extra expenses that a - [Wave of COVID-19 Employment Litigation on the Horizon](https://levinginsburg.com/wave-of-covid-19-employment-litigation-on-the-horizon/) - As employers continue to confront the unique challenges presented by the COVID-19 pandemic, the first wave of COVID-19 related lawsuits have been filed against employers. This is likely just the beginning. These lawsuits range from safety violations, to wage and hour claims, to leave law violations, and everything in between. It is important that employers - [Commercial Leases in the COVID-19 Era](https://levinginsburg.com/commercial-leases-in-the-covid-19-era/) - 2020 is and will continue to be a particularly difficult year for commercial tenants and their landlords. The sudden economic downturn resulting from the COVID-19 pandemic has radically changed the nature of businesses and the ownership and operation commercial properties. These unforeseen circumstances are requiring tenants, landlords and their professional advisors to address not only - [Be on the Lookout for Unemployment Fraud in Illinois](https://levinginsburg.com/be-on-the-lookout-for-unemployment-fraud-in-illinois/) - You and your employees may become victims of unemployment fraud. The past several weeks have seen a huge increase in unemployment fraud in the State of Illinois and elsewhere. Much of the fraudulent activity arises out of the federal government’s implementation of the Pandemic Unemployment Assistance Program (“PUA”) in May of 2020. Since the launch of the - [Illinois Employers Must Complete Mandatory Sexual Harassment Training Annually](https://levinginsburg.com/illinois-employers-deadline-to-complete-mandatory-sexual-harassment-training-is-fast-approaching/) - As a result of recent amendments to the Illinois Human Rights Act (IHRA), employers in Illinois are required to provide annual sexual harassment training to employees who (1) work in Illinois, (2) may perform work in Illinois, or (3) regularly interact with Illinois employees. Employers have largely ignored these new requirements in the wake of - [Voluntary FFCRA Extension Through March 31, 2021](https://levinginsburg.com/voluntary-ffcra-extension-through-march-31-2021/) - As Congress pushed through an additional COVID stimulus bill on the eve of the new year, it also temporarily extended the benefits afforded to employees under the Families First Coronavirus Response Act (FFCRA). The FFCRA required employers with less than 500 employees to provide additional job protected paid leave for specific qualifying events (up to - [The Return to Work Dilemma – Employer-Mandated COVID Vaccinations](https://levinginsburg.com/the-return-to-work-dilemma-employer-mandated-covid-vaccinations/) - The distribution of the COVID-19 vaccine is now underway and will become more widely available to the public. Employers are permitted to encourage and even require vaccination before allowing employees to return to work. However, mandatory vaccination policies will require careful planning, training, and transparency to implement effectively and minimize risks. The Equal Employment Opportunity - [Illinois Legislature Narrows Restrictive Covenant Enforcement](https://levinginsburg.com/illinois-legislature-narrows-restrictive-covenant-enforcement/) - Restrictive covenants are contractual terms that restrict an employee’s ability to work for a competitor. Historically, these covenants were often used to prohibit high-level executives or employees with proprietary knowledge from working directly for a competitor. Today, restrictive covenants are increasingly used for even lower-level employees. Examples of restrictive covenants are: “employee may not compete - [COVID-19, Return to Work, and Data Privacy Guidance](https://levinginsburg.com/covid-19-return-to-work-and-data-privacy-guidance/) - As the COVID-19 vaccines are currently being distributed, employers must address various issues relating to the transition of employees back to the office. Below is a quick general guide concerning what employers can and cannot ask their employees concerning COVID-19: Can an employer take an employee’s temperature? Yes. Generally, measuring body temperature is a medical - [Lapsed UCC Filing Cannot Be Revived by a Continuation Statement](https://levinginsburg.com/lapsed-ucc-filing-cannot-be-revived-by-a-continuation-statement/) - The importance of perfecting a security interest by filing a UCC-1 financing statement cannot be understated. Likewise, making sure the UCC-1 financing statement is accurate and has not lapsed is just as important. The case of Committee of Unsecured Creditors of Rancher’s Legacy Meat Co. v. Ratliff emphasizes the importance of ensuring that a UCC-1 - [Illinois Employers Should Think Twice Before Using Criminal Background Checks Going Forward](https://levinginsburg.com/illinois-employers-should-think-twice-before-using-criminal-background-checks-going-forward/) - On March 23, 2021 Governor Pritzker signed into law Senate Bill 1480 which makes several meaningful changes to the Illinois Human Rights Act (“IHRA”). One significant change under the new law is that employers may not use criminal records when making employment decisions unless they consider specific factors and take certain steps before making a - [Champlain Towers South: A tragic case study in the pitfalls of condominium association management](https://levinginsburg.com/champlain-towers-south-a-tragic-case-study-in-the-pitfalls-of-condominium-association-management/) - Owning a condominium may seem like an easy alternative to home ownership. Maintenance costs are spread among the condominium associations’ units, a board manages the condominium association’s affairs for the other association members, and a property management company might even handle the association’s day-to-day issues. After all, board members are generally volunteers who have other, - [Recruiting Top Talent and Retaining Key Employees](https://levinginsburg.com/recruiting-top-talent-and-retaining-key-employees/) - As we approach the new year and reflect on the radical changes occurring over the last 18 months, recruiting top talent and retaining key employees remains a significant challenge for many businesses. For that reason, many business owners are exploring additional tools and options to attract new talent and keep key employees. One of these - [How Do You Know If Your Insurer Has Acted in Bad Faith?](https://levinginsburg.com/how-do-you-know-if-your-insurer-has-acted-in-bad-faith/) - Individuals and businesses procure insurance to protect against a variety of potential losses. For example, individuals insure their homes in case of property damage, and businesses insure for certain potential economic losses. When a loss occurs, often times the claim process seems simple: the insured submits a claim and the insurer pays the claim. However, - [Riparian Rights – Who Owns the Water?](https://levinginsburg.com/riparian-rights-who-owns-the-water/) - Assume you own a parcel of land that abuts a pond or river. Do you also have rights to the water? Similarly, assume you and a neighbor own separate parcels of land that abut the same pond or river. What rights do each of you have to that body of water? Riparian rights refer to - [Is Your Insured Business Entitled to a Defense of a Lawsuit Filed Against It?](https://levinginsburg.com/is-your-insured-business-entitled-to-a-defense-of-a-lawsuit-filed-against-it/) - Assume that your business is sued for multiple claims including negligence, defamation, and fraud arising out of the same event. Most likely, your business has a commercial general liability policy of insurance that provides coverage for negligence claims, but not intentional torts. What protections does that policy actually provide? Although intentional acts are typically excluded - [Tips for Avoiding Trademark Scams and Solicitations](https://levinginsburg.com/tips-for-avoiding-trademark-scams-and-solicitations/) - The USPTO’s database of trademarks is often used as the source of mailing information for unsolicited communications sent to trademark applicants and registrants. Many of these notices are scams, while others are for services which are not needed or required. Some are overpriced versions of real services. Some appear to be services which would be - [DOL Withdraws Guidance On When An Employer Must Pay Employee for Covid Testing or Vaccinations](https://levinginsburg.com/dol-withdraws-guidance-on-when-an-employer-must-pay-employee-for-covid-testing-or-vaccinations/) - On January 20, 2022 the DOL released Fact Sheet #84 containing guidance for employers faced with the issue of whether or not it should pay employees for their time spent obtaining COVID-19 tests and vaccinations. On January 24, 2022, without explanation, the DOL removed Fact Sheet #84 from its website. While it is still unclear - [How the Trademark Modernization Act Will Affect Everyone](https://levinginsburg.com/how-the-trademark-modernization-act-will-affect-everyone/) - As part of an appropriations bill in 2020, Congress passed the Trademark Modernization Act (“TMA”). Parts of it took effect on December 27, 2020 when it was signed, but much of the rest of it will become effective on December 27, 2021. The USPTO is delaying implementation of the remaining changes until June 27, 2022. - [Are you Planning to Sell your Business?](https://levinginsburg.com/are-you-planning-to-sell-your-business/) - You, the business owners, have just signed a “Letter of Intent” to sell your business for $10,000,000, “subject to buyer’s due diligence”. Before you start making retirement plans, let’s determine what that means. The buyer will require copies of all your accounting and financial records, as well as all agreements and written contracts with your - [Business Owners Beware – Illinois has Expanded the Recoverability of Pre-Judgment Interest](https://levinginsburg.com/business-owners-beware-illinois-has-expanded-the-recoverability-of-pre-judgment-interest/) - It is rare if a business has not experienced a bodily injury claim such as a slip-and-fall in a retail store, or an accident at a construction site. In Illinois, those claims are ordinarily governed by common law negligence principles. An injured party who prevailed at trial was entitled to recover medical expenses, loss of - [California is Serious About Privacy – Does Your Business Have a Roadmap to Comply with California Law?](https://levinginsburg.com/california-is-serious-about-privacy-does-your-business-have-a-roadmap-to-comply-with-california-law/) - By now, many companies who do business with California residents are familiar with the California Consumer Privacy Act of 2018 (“CCPA”), which became effective on January 1, 2020. The CCPA is one of the most comprehensive privacy laws in the country. Despite some familiarity with its requirements, compliance with the CCPA brought many challenges for - [Developments in the Law-Employee Handbooks and Separation Agreements](https://levinginsburg.com/developments-in-the-law-employee-handbooks-and-separation-agreements/) - Along with the election of a new President in 2020 came the appointment of a new National Labor Relations Board (NLRB) General Counsel. In line with how many federal agencies work, the appointment of a new General Counsel often brings numerous adjustments to the law and doctrinal shifts, including overruling legal precedents that were in - [Arbitration vs. Mediation vs. Litigation in a Post-COVID World](https://levinginsburg.com/arbitration-vs-mediation-vs-litigation-in-a-post-covid-world/) - On the two-year anniversary of when the world shut down, I found myself reflecting on how my life as a commercial litigator has changed. COVID-19 has disrupted the entire judicial system as we once knew it, forcing courts with already congested dockets to shutter and quickly embrace modern technological advances to enable remote proceedings. With - [Use Employee Compensation Plans to Keep Your Valued Employees](https://levinginsburg.com/use-employee-compensation-plans-to-keep-your-valued-employees/) - As many employers have discovered, it is becoming increasingly difficult to attract and retain talented employees. One method is to provide an attractive deferred compensation plan for your key employees. Deferred compensation plans may be of two general varieties – “qualified” or “non-qualified”. In a qualified plan, such as a profit-sharing plan or a 401k - [The Great Resignation – Employers Beware](https://levinginsburg.com/the-great-resignation-employers-beware/) - The job market continues to be volatile, and businesses are willing to take more risks to hire proven talent. That means taking the best people from their competition. Business owners therefore need to start preparing for when (not if) a key employee leaves to join a competitor. Below are some ideas to help you prepare - [No More Surprise Medical Bills](https://levinginsburg.com/no-more-surprise-medical-bills/) - The No Surprises Act (“Act”) for healthcare went into effect on January 1, 2022. There are several key provisions. Most significantly, the “Self-Pay Rule” under the Act generally requires healthcare facilities and providers to: Post required notices concerning an “uninsured (self-pay)” patient’s right to obtain a good faith estimate at the provider’s offices and on - [Register for Upcoming Webinar-Branding Concerns](https://levinginsburg.com/register-for-upcoming-webinar-branding-concerns/) - On May 11, 2022, at 12PM CT, the latest LG Webinar will focus on branding concerns from trademark, licensing and litigation perspectives. Presented by Joseph LaPlaca, Roenan Patt, and Kevin Thompson, this webinar will focus on the issues from multiple viewpoints which should be considered when branding your company. Kevin Thompson will discuss general IP concepts - [Employers Beware – The NLRB May be Coming for Your Handbook](https://levinginsburg.com/employers-beware-the-nlrb-may-be-coming-for-your-handbook/) - Employee handbooks are common in most businesses, and employers often prepare one (or find a template) and then forget about it. During the Obama administration, handbooks became a hot topic in the employment arena because the National Labor Relations Board (“NLRB”) attacked employee handbooks from every conceivable angle by arguing that a harmless neutral policy - [Do you Have an Up-To-Date Buy-Sell Agreement?](https://levinginsburg.com/do-you-have-an-up-to-date-buy-sell-agreement/) - Judy and John started ABC Manufacturing Co. in 1980. At the time, they outsourced all their manufacturing needs. They had no employees and leased a small warehouse. They prepared a “buy-sell” agreement restricting the transfer of their shares to anyone else and agreed that a “fair purchase” price would be the “book value” of the business. At that time, - [Beginning July 1, 2022 – New Sexual Harassment Obligations for Chicago Employers](https://levinginsburg.com/beginning-july-1-2022-new-sexual-harassment-obligations-for-chicago-employers/) - On April 27, 2022, Chicago’s City Council approved important amendments to Chicago’s sexual harassment laws. These changes impose additional requirements on covered employers to provide notice of the new sexual harassment laws and enhanced training. These changes also expand the type of misconduct covered under the ordinance and increase the penalties for businesses that violate - [Illinois Courts Deny Insurance Coverage for Pandemic Related Business Losses](https://levinginsburg.com/illinois-courts-deny-insurance-coverage-for-pandemic-related-business-losses/) - Several recent decisions in Illinois have further narrowed the path for businesses seeking insurance coverage for COVID-19 related losses. The decisions highlight the fact that, even though the scope and economic effect of the pandemic on business was unexpected, standard policy provisions have still been applied to exclude coverage. In Firebirds International, LLC v. Zurich - [Legal Considerations for Mixed-Use Commercial Real Estate](https://levinginsburg.com/legal-considerations-for-mixed-use-commercial-real-estate/) - The Covid-19 pandemic resulted in seismic shifts in the way people work, live, shop and engage in recreational activities. While technological progress over the past several years started these trends, the pandemic accelerated the pace. The impact technological progress has had on commercial real estate use and development has been dramatic. It is unlikely that - [Now That Roe Has Been Overturned, What Can Employers Do?](https://levinginsburg.com/now-that-roe-has-been-overturned-what-can-employers-do/) - Unless you’ve been living under a rock, you know that in late June 2022, the United States Supreme Court in Dobbs v. Jackson Women’s Health Organization held that there is no constitutional right to an abortion, overruling the 1973 landmark decision of Roe v. Wade. This decision isn’t just about abortion access — for decades - [USPTO Implements Shorter Deadlines to Respond to Office Actions](https://levinginsburg.com/uspto-implements-shorter-deadlines-to-respond-to-office-actions/) - On December 3, 2022, the USPTO is implementing shorter response times to most Office Actions as the last part of the Trademark Modernization Act. On or after that date, Office Actions issued during examination will have a three-month response period, instead of the current six months. This applies to applications based on actual use - - [Choice of Business Entity (Part 2)](https://levinginsburg.com/choice-of-business-entity-part-2/) - In Part 1, we explored doing business as a sole proprietor or in a partnership. A problem with those types of business entities was that they did not shield the sole proprietor or the general partner from the claims of creditors of the business. This installment will briefly discuss the operation of a business through - [Choice of Business Entity (Part 1)](https://levinginsburg.com/choice-of-business-entity-part-1/) - Congratulations, you have decided to start a new business. You are going to become an “entrepreneur”, a business owner. You have put together your business plan, located potential business premises, talked with your advisors, and are ready to get started. You have talked with an attorney and an accountant and they have advised you to - [Are Your Business E-Mail Messages Legally Compliant?](https://levinginsburg.com/are-your-business-e-mail-messages-legally-compliant/) - Overview: You may have heard of The Can-Spam Act (“Can-Spam”), but if your business engages in email marketing, you must understand the requirements and put processes in place for compliance. Can-Spam is a federal law that establishes requirements for all outbound commercial messages, regardless of whether they are B to B (business to business) or - [A Baseless Lawsuit Was Filed Against My Business. Can I Recover My Attorneys’ Fees?](https://levinginsburg.com/frivolous-lawsuit-filed-business-can-recover-attorneys-fees-side/) - Defending lawsuits is sometimes an unfortunate but necessary part of doing business. Whether the case was quickly dismissed by the court, or whether you won the case after a trial, you and your attorneys knew the case was unfounded from the beginning and yet you had to spend substantial time and money that you could - [Revisions to the Illinois Limited Liability Act](https://levinginsburg.com/revisions-illinois-limited-liability-act/) - The Illinois Limited Liability Company Act (805 ILCS 180) (the “LLC Act”) recently underwent significant revisions which became effective on July 1, 2017. The changes to the LLC Act align with the revised Uniform Liability Company Act, and Illinois now joins fifteen other states in modeling the revised Uniform Liability Company Act. Although the LLC - [Recent Revisions to Illinois Limited Liability Company Act](https://levinginsburg.com/recent-revisions-illinois-limited-liability-company-act/) - By: Pamela Gros The Illinois Limited Liability Company Act (the “LLC Act”) was originally enacted in 1993 and was later revised in 1998. The LLC Act has recently undergone significant revision, which such revisions became effective on July 1, 2017. The changes to the LLC Act align with the revised Uniform Liability Company Act and Illinois - [Administrative Dissolution May Breach a Company's Third-Party Contracts](https://levinginsburg.com/administrative-dissolution-may-breach-companys-third-party-contracts-2/) - By: Pamela E. Szelung Under Illinois law, corporations and limited liability companies (“LLCs”) are required to file annual registrations with the Illinois Secretary of State and pay any applicable annual taxes and fees in order to maintain their entities in good standing. Pursuant to Section 35-25 of the Limited Liability Company Act (the “LLC Act”), the - [Your Trademark - Their Name...](https://levinginsburg.com/your-trademark-their-name/) - By: Natalie A. Remien Most wise business owners have applied for and obtained trademark registrations for their business’s name, logo and/or its products and services. Most businesses own a domain name that contains some part of their business name. But what happens if someone takes your federally registered trademark, and registers www.YOURMARK.net, or www.YOURMARK.org without your - [United States Seventh circuit Court of Appeals Extends Protection Against Discrimination in the Workplace to Discrimination Based on Sexual Orientation](https://levinginsburg.com/united-states-seventh-circuit-court-appeals-extends-protection-discrimination-workplace-discrimination-based-sexual-orientation/) - By: Kristen E. O'Neill On April 4, 2017, the United States Circuit Court of Appeals for the Seventh Circuit in the case Hively v. Ivy Tech Community College of Indiana, became the first federal appellate court to hold that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited under Title VII - [Decisions Facing Trademark Holders In A Post-BREXIT Europe](https://levinginsburg.com/decisions-facing-trademark-holders-post-brexit-europe/) - While the BREXIT decision has been made, much ambiguity remains on the issue of trademark rights holders and their interests that are currently protected by European Union trademarks, commonly referred to as “EUTMs”. Neither Theresa May’s BREXIT speech in January 2017, nor the UK government’s white paper entitled “United Kingdom’s exit from and new partnership - [Morris Saunders to be a Presenter at an Upcoming NBI Seminar](https://levinginsburg.com/morris-saunders-presenter-upcoming-nbi-seminar/) - Morris Saunders will be presenting a seminar entitled “Medicaid Planning: The Ultimate Guide” for the National Business Institute. The seminar will take place on June 21 and 22, 2017 in Naperville, Illinois. To register, or for more information please click here. - [Amendments to Illinois Right to Privacy in the Workplace Act Expand Privacy Protections for Employees](https://levinginsburg.com/amendments-illinois-right-privacy-workplace-act-expand-privacy-protections-employees/) - On Jan. 1, 2017, amendments to the Illinois Right to Privacy in the Workplace Act (IRPWA) took effect expanding the protections of IRPWA to prevent employers from insisting on access to any employee’s “personal online accounts.” The broadened definition of “personal online accounts” now includes all “online accounts” “used by a person primarily for their - [Unexpected Liability for Service Providers](https://levinginsburg.com/unexpected-liability-service-providers/) - With “hacking” and identify thefts becoming all too common place, each service provider must place more and more emphasis on protecting itself from legal liability caused by not only its own actions, but the actions of the company(ies) to whom it outsources. This article provides an introduction to contracting for service providers with an eye - [Recent Amendments to the Illinois Personal Information Protection Act](https://levinginsburg.com/recent-amendments-illinois-personal-information-protection-act/) - The threat of the theft or accidental disclosure of electronic personal information is on the rise. On January 1, 2017, new legislation went in effect amending the Illinois Personal Information Protection Act (the “Act”) to expand the definition of protected personal information and increase certain security and notification requirements for data breaches. Important amendments to - [Selling Your Business?](https://levinginsburg.com/selling-your-business/) - John Smith owned a small manufacturing business. One day he received a call from one of his competitors who said he was interested in buying John’s business. John was now 75 and this seemed like the perfect opportunity for him to retire and have that “nest egg” for him live comfortably in retirement. John met - [Is Your Business Litigation Proof?](https://levinginsburg.com/business-litigation-proof/) - The heading of this blog is a misnomer. There is no such thing as being litigation proof. Anyone can sue your business for any reason and meritorious or not, you will still have to defend the claim. Still, there are many important steps a business can and should take to reduce its exposure and put - [Administrative Dissolution May Breach a Company's Third-Party Contracts](https://levinginsburg.com/administrative-dissolution-may-breach-companys-third-party-contracts/) - Under Illinois law, corporations and limited liability companies (“LLCs”) are required to file annual registrations with the Illinois Secretary of State in order to maintain their entities in good standing. Pursuant to the Limited Liability Company Act (the “LLC Act”), the Secretary of State may administratively dissolve an LLC if it fails to timely file ## Pages - [Home](https://levinginsburg.com/) - Chicago attorneys Levin Ginsburg serve the legal needs of businesses and individuals. Our lawyers are committed to excellence in service, and favorable results. - [Employment and Benefits](https://levinginsburg.com/practice-areas/employment-and-benefits/) - Home / Practice Areas / Employment and Benefits Employment and Benefits We counsel clients in a wide variety of employment issues, including employment covenants, hiring, confidentiality, promotion, performance evaluations, discipline, compensation, employee discharge, reduction in force, releases, leaves of absence, and protecting proprietary information and trade secrets. 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Whether we are retained to handle garden-variety commercial litigation and appeals, or more complex matters specific to certain industries, we bring the same integrity, judgment, and savvy to each - [Mergers and Acquisitions](https://levinginsburg.com/practice-areas/mergers-acquisitions/) - Home / Practice Areas / Mergers and Acquisitions Mergers & Acquisitions Levin Ginsburg provides practical, strategic guidance to closely held businesses and professional practices navigating the complexities of mergers, acquisitions, and other ownership transitions. Our M&A attorneys work closely with business owners, medical and dental professionals, physical therapists, and other stakeholders to structure and execute - [Careers](https://levinginsburg.com/careers/) - Home / Careers Careers at Levin Ginsburg Trust, teamwork, integrity, and excellence are our mantra. Each Levin Ginsburg team member is dedicated to achieving results, being proactive, and developing and maintaining client relationships. We value open communication, accountability, and continuous learning. Our office is both professional and social, and we provide boundless opportunities for personal growth. - [Wealth Management and Asset Protection](https://levinginsburg.com/practice-areas/wealth-management-and-asset-protection/) - Home / Practice Areas / Wealth Management and Asset Protection Wealth Management and Asset Protection We assist our clients in protecting their wealth, including creditor protection. We consider our clients' objectives and desires regarding their needs, lifestyle, philanthropy, and control and transfers to future generations. 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Business Continuity / Ownership Management Succession Our clients rely upon our extensive experience - [Attorneys](https://levinginsburg.com/attorneys/) - Home / Attorneys Attorneys For over 40 years, Levin Ginsburg has been committed to providing superior legal services for businesses and individuals. We take pride in building long-lasting relationships with our clients and becoming their trusted advisor for daily challenges as well as their most significant legal issues. Our team approach ensures that we provide - [Contact Us](https://levinginsburg.com/contact-us/) - Contact us today. Call (262) 781-6466 or email us and let us know what service you're interested in. - [Intellectual Property](https://levinginsburg.com/practice-areas/intellectual-property/) - Home / Practice Areas / Intellectual Property Intellectual Property Intellectual property is one of the most important assets of your business. Our attorneys have the knowledge and expertise to help you protect and defend that asset. We have counseled clients in a wide variety of industries in all aspects of trademark and copyright law. We - [Finance and Banking](https://levinginsburg.com/practice-areas/finance-and-banking/) - Home / Practice Areas / Finance and Banking Finance and Banking Levin Ginsburg's Finance and Banking Group has significant experience representing clients in the negotiation and documentation of secured and unsecured credit transactions, including transactions secured by real estate and asset-based transactions. We represent borrowers in a wide variety of loans and credit facilities secured - [Client Portal](https://levinginsburg.com/client-portal/) - Home / Client Portal Client Portal Make a Payment Notice: You will be leaving Levin Ginsburg and proceeding to LawPay® once you make a selection below. Operating Account To pay your Levin Ginsburg invoice, click here. 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This policy was created to provide you with notice of what information LG may collect, how that information may be used or shared with third parties, and how such information relates to the operation of - [Our Firm](https://levinginsburg.com/our-firm/) - Home / Our Firm Our Firm Levin Ginsburg is one of Chicago's most dynamic business-oriented law firms. It is a Martindale-Hubbell AV Preeminent Firm. With offices on LaSalle Street in Chicago, Levin Ginsburg attorneys provide a broad array of legal services to their clients, particularly closely-held businesses and their owners. trusted advisors Uniquely Qualified Our - [About](https://levinginsburg.com/about/) ## Attorneys - [Kevin A. Thompson](https://levinginsburg.com/attorneys/kevin-a-thompson/) - Home / Kevin A. Thompson Kevin A. Thompson Partner Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Intellectual Property Corporate and Business Honors Martindale Hubbell, AV Rating World Trademark Review, WTR 1000 - 2023-2024 IP Stars, Trademark Star and Copyright Star, 2025-2026 Experience Kevin is the head of the firm's - [Caitlin Chenus](https://levinginsburg.com/attorneys/caitlin-chenus/) - Home / Caitlin Chenus Caitlin Chenus Attorney Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Commercial Litigation and Dispute Resolution Experience Caitlin came to Levin Ginsburg from the Cook County State's Attorneys' Office. While at the State's Attorneys' office, Caitlin successfully handled criminal appeals, including writing briefs and arguing before - [Bill Goldberg](https://levinginsburg.com/attorneys/bill-goldberg/) - Home / Bill Goldberg Bill Goldberg Attorney Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Business Continuity / Ownership Management Succession Corporate and Business Employment and Benefits Mergers and Acquisitions Real Estate Experience Bill advises founders, investors, and operating companies on mergers and acquisitions, private financings, and complex corporate matters. - [Tala Abusharif](https://levinginsburg.com/attorneys/tala-abusharif/) - Tala is a member of the firm’s corporate group, where she represents clients in business formation, contract drafting, and general corporate governance. - [Robert S. Levin](https://levinginsburg.com/attorneys/robert-s-levin/) - Home / Robert S. Levin Robert S. Levin Shareholder Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email Download V-Card Practice Areas: Corporate and Business Finance and Banking Wealth Management and Asset Protection Business Continuity/Ownership Management Succession Honors Martindale-Hubbell AV Illinois Super Lawyer Illinois Leading Lawyer Avvo Top Rated Lawyer Experience Bob is a founding partner - [Jonathan M. Weis](https://levinginsburg.com/attorneys/jonathan-m-weis/) - Home / Jonathan M. Weis Jonathan M. Weis Shareholder Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Commercial Litigation and Dispute Resolution Finance and Banking Corporate and Business Honors Martindale-Hubbell Client Distinction Award for Responsiveness and Service Quality Martindale-Hubbell AV Preeminent 5.0 out of 5.0 Peer Review Rated AVVO Superb - [Morris R. Saunders](https://levinginsburg.com/attorneys/morris-r-saunders/) - Home / Morris R. Saunders Morris R. Saunders Shareholder Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Corporate and Business Business Continuity/Ownership Management Succession Wealth Management and Asset Protection Employment and Benefits Real Estate Finance and Banking Experience Morris acts in a general counsel role for many of his clients, - [Andrew L. Platt](https://levinginsburg.com/attorneys/andrew-l-platt/) - Home / Andrew L. Platt Andrew L. Platt Of Counsel Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Commercial Real Estate Commercial Litigation and Dispute Resolution Experience Andy joined the firm to help support the already thriving real estate litigation practice at Levin Ginsburg. Andy brings with him a wealth - [Roenan Patt](https://levinginsburg.com/attorneys/roenan-patt/) - Home / Roenan Patt Roenan Patt Partner Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Commercial Litigation and Dispute Resolution Business Continuity / Ownership Management Succession Corporate and Business Intellectual Property Real Estate Employment and Benefits Honors Illinois Super Lawyers Rising Star 2018-2023, 2023-2024 Best Lawyers: Ones to Watch The - [Walker R. Lawrence](https://levinginsburg.com/attorneys/walker-r-lawrence/) - Home / Walker R. Lawrence Walker R. Lawrence Shareholder Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Employment and Benefits Commercial Litigation and Dispute Resolution Corporate and Business Honors Illinois Super Lawyers Rising Star 2017 and 2018 Illinois Super Lawyer 2020 - 2025 Experience Walker serves as a trusted strategic - [Joseph A. Ginsburg](https://levinginsburg.com/attorneys/joseph-a-ginsburg/) - Home / Joseph A. Ginsburg Joseph A. Ginsburg Shareholder Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Corporate and Business, International Business Business Continuity/Ownership Management Succession Experience Joe is a founder of Levin Ginsburg. For more than 45 years, Joe has served as legal counsel to domestic and international businesses - [Jeffrey M. Galkin](https://levinginsburg.com/attorneys/jeffrey-m-galkin/) - Home / Jeffrey M. Galkin Jeffrey M. Galkin Partner Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Real Estate Corporate and Business Finance and Banking Experience Jeff represents clients in a broad range of complex commercial real estate transactions in the Chicago metropolitan area and throughout the country. He combines - [Mark L. Evans](https://levinginsburg.com/attorneys/mark-l-evans/) - Home / Mark L. Evans Mark L. Evans Partner Contact Tel: (312) 368-0100 Fax: (312) 368-0111 Email LinkedIn Download V-Card Practice Areas: Commercial Litigation and Dispute Resolution Insurance Regulation Experience Mark has built his practice around meeting the legal needs of businesses and individuals as they arise. 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[Human Resource](https://levinginsburg.com/tag/human-resource/) - [Illinois Minimum Wage Law](https://levinginsburg.com/tag/illinois-minimum-wage-law/) - [Overtime](https://levinginsburg.com/tag/overtime/) - [Policies](https://levinginsburg.com/tag/policies/) - [Rights](https://levinginsburg.com/tag/rights/) - [Beneficiary](https://levinginsburg.com/tag/beneficiary/) - [Child](https://levinginsburg.com/tag/child/) - [Chronically Ill](https://levinginsburg.com/tag/chronically-ill/) - [Date](https://levinginsburg.com/tag/date/) - [Death](https://levinginsburg.com/tag/death/) - [Eligible](https://levinginsburg.com/tag/eligible/) - [Internal Revenue Code 529](https://levinginsburg.com/tag/internal-revenue-code-529/) - [IRAs](https://levinginsburg.com/tag/iras/) - [Qualified Retirement Plans](https://levinginsburg.com/tag/qualified-retirement-plans/) - [Required Minimum Distributions](https://levinginsburg.com/tag/required-minimum-distributions/) - [RMD](https://levinginsburg.com/tag/rmd/) - [SECURE Act](https://levinginsburg.com/tag/secure-act/) - [Secure Setting Every Community Up for Retirement Enhancement Act](https://levinginsburg.com/tag/secure-setting-every-community-up-for-retirement-enhancement-act/) - [Sister](https://levinginsburg.com/tag/sister/) - [Spouse](https://levinginsburg.com/tag/spouse/) - [Stepsister](https://levinginsburg.com/tag/stepsister/) - [Taxpayer](https://levinginsburg.com/tag/taxpayer/) - [Covenant](https://levinginsburg.com/tag/covenant/) - [Earning](https://levinginsburg.com/tag/earning/) - [Non-Compete](https://levinginsburg.com/tag/non-compete/) - [Non-Solicitation](https://levinginsburg.com/tag/non-solicitation/) - [Restrictive](https://levinginsburg.com/tag/restrictive/) - [Accounting](https://levinginsburg.com/tag/accounting/) - [Buyer](https://levinginsburg.com/tag/buyer/) - [Customers](https://levinginsburg.com/tag/customers/) - [Financial Records](https://levinginsburg.com/tag/financial-records/) - [Price](https://levinginsburg.com/tag/price/) - 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[TMA](https://levinginsburg.com/tag/tma/) - [Trademark Modernization Act](https://levinginsburg.com/tag/trademark-modernization-act/) - [Trademark Trial and Appeal Board](https://levinginsburg.com/tag/trademark-trial-and-appeal-board/) - [USPTO](https://levinginsburg.com/tag/uspto/) - [Agreements](https://levinginsburg.com/tag/agreements/) - [Civility](https://levinginsburg.com/tag/civility/) - [Confidentiality](https://levinginsburg.com/tag/confidentiality/) - [Employer Friendly](https://levinginsburg.com/tag/employer-friendly/) - [Federal Agency](https://levinginsburg.com/tag/federal-agency/) - [General Counsel](https://levinginsburg.com/tag/general-counsel/) - [Medial Communication](https://levinginsburg.com/tag/medial-communication/) - [National Labor Relations Board](https://levinginsburg.com/tag/national-labor-relations-board/) - [NLRB](https://levinginsburg.com/tag/nlrb/) - [Non-Disparagement Provisions](https://levinginsburg.com/tag/non-disparagement-provisions/) - [Separation Agreements](https://levinginsburg.com/tag/separation-agreements/) - [Unenforceable](https://levinginsburg.com/tag/unenforceable/) - [Deadlines](https://levinginsburg.com/tag/deadlines/) - [Enrollment](https://levinginsburg.com/tag/enrollment/) - [SCRSP](https://levinginsburg.com/tag/scrsp/) - [Against](https://levinginsburg.com/tag/against/) - [Defamation](https://levinginsburg.com/tag/defamation/) - [Defense](https://levinginsburg.com/tag/defense/) - [Filed](https://levinginsburg.com/tag/filed/) - [Insured](https://levinginsburg.com/tag/insured/) - [Insurer](https://levinginsburg.com/tag/insurer/) - [Negligence](https://levinginsburg.com/tag/negligence/) - [Sued](https://levinginsburg.com/tag/sued/) - [Benefits](https://levinginsburg.com/tag/benefits/) - [Challenge](https://levinginsburg.com/tag/challenge/) - [Crafted](https://levinginsburg.com/tag/crafted/) - [Distributions](https://levinginsburg.com/tag/distributions/) - [Flexibility](https://levinginsburg.com/tag/flexibility/) - [Phantom Equity Plan](https://levinginsburg.com/tag/phantom-equity-plan/) - 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Talent](https://levinginsburg.com/tag/recruiting-talent/) - [Regulations](https://levinginsburg.com/tag/regulations/) - [Rewarded](https://levinginsburg.com/tag/rewarded/) - [Working](https://levinginsburg.com/tag/working/) - [Agency](https://levinginsburg.com/tag/agency/) - [Applicants](https://levinginsburg.com/tag/applicants/) - [Cancellation](https://levinginsburg.com/tag/cancellation/) - [Database](https://levinginsburg.com/tag/database/) - [Legitimate](https://levinginsburg.com/tag/legitimate/) - [Misleading](https://levinginsburg.com/tag/misleading/) - [Office](https://levinginsburg.com/tag/office/) - [Overpriced](https://levinginsburg.com/tag/overpriced/) - [Pay](https://levinginsburg.com/tag/pay/) - [Practice](https://levinginsburg.com/tag/practice/) - [Registrants](https://levinginsburg.com/tag/registrants/) - [Scam](https://levinginsburg.com/tag/scam/) - [services](https://levinginsburg.com/tag/services/) - [Solicitations](https://levinginsburg.com/tag/solicitations/) - [United States](https://levinginsburg.com/tag/united-states/) - [Covid](https://levinginsburg.com/tag/covid/) - [Decline](https://levinginsburg.com/tag/decline/) - [Guidance](https://levinginsburg.com/tag/guidance/) - [Job](https://levinginsburg.com/tag/job/) - [Public](https://levinginsburg.com/tag/public/) - [Safety](https://levinginsburg.com/tag/safety/) - [Testing](https://levinginsburg.com/tag/testing/) - [Vaccinations](https://levinginsburg.com/tag/vaccinations/) - [Withdraws](https://levinginsburg.com/tag/withdraws/) - [Circumstances](https://levinginsburg.com/tag/circumstances/) - [Contesting](https://levinginsburg.com/tag/contesting/) - [Economic](https://levinginsburg.com/tag/economic/) - [Homes](https://levinginsburg.com/tag/homes/) - [Improper](https://levinginsburg.com/tag/improper/) - [Individual](https://levinginsburg.com/tag/individual/) - [Insurance](https://levinginsburg.com/tag/insurance/) - [Insurance Code](https://levinginsburg.com/tag/insurance-code/) - [Losses](https://levinginsburg.com/tag/losses/) - [Misrepresenting](https://levinginsburg.com/tag/misrepresenting/) - [Policyholder](https://levinginsburg.com/tag/policyholder/) - [Property Damage](https://levinginsburg.com/tag/property-damage/) - [Recover](https://levinginsburg.com/tag/recover/) - [Section 155](https://levinginsburg.com/tag/section-155/) - [Unreasonable](https://levinginsburg.com/tag/unreasonable/) - [Vexatious](https://levinginsburg.com/tag/vexatious/) - [Compensation](https://levinginsburg.com/tag/compensation/) - [Disclose](https://levinginsburg.com/tag/disclose/) - [EPA](https://levinginsburg.com/tag/epa/) - [Equal Pay Act](https://levinginsburg.com/tag/equal-pay-act/) - [Cover](https://levinginsburg.com/tag/cover/) - [Coverage](https://levinginsburg.com/tag/coverage/) - [Financial](https://levinginsburg.com/tag/financial/) - [Individuals](https://levinginsburg.com/tag/individuals/) - [Injury](https://levinginsburg.com/tag/injury/) - [Rental](https://levinginsburg.com/tag/rental/) - [Residence](https://levinginsburg.com/tag/residence/) - [Review](https://levinginsburg.com/tag/review/) - [Audit](https://levinginsburg.com/tag/audit/) - [Creating](https://levinginsburg.com/tag/creating/) - [Indemnification](https://levinginsburg.com/tag/indemnification/) - [Licensing](https://levinginsburg.com/tag/licensing/) - [Maintenance](https://levinginsburg.com/tag/maintenance/) - [Market](https://levinginsburg.com/tag/market/) - [Product](https://levinginsburg.com/tag/product/) - [Taxes. Liability](https://levinginsburg.com/tag/taxes-liability/) - [Activity](https://levinginsburg.com/tag/activity/) - [Attachments](https://levinginsburg.com/tag/attachments/) - [Bonus](https://levinginsburg.com/tag/bonus/) - [Cease-and-Desist](https://levinginsburg.com/tag/cease-and-desist/) - [Competition](https://levinginsburg.com/tag/competition/) - [Digital Footprint](https://levinginsburg.com/tag/digital-footprint/) - [Equity](https://levinginsburg.com/tag/equity/) - [Exit](https://levinginsburg.com/tag/exit/) - [Forensic Review](https://levinginsburg.com/tag/forensic-review/) - [Hybrid-Work Environment](https://levinginsburg.com/tag/hybrid-work-environment/) - [Injunctive](https://levinginsburg.com/tag/injunctive/) - [Investigation](https://levinginsburg.com/tag/investigation/) - [IT](https://levinginsburg.com/tag/it/) - [Personal Devices](https://levinginsburg.com/tag/personal-devices/) - [Preserve](https://levinginsburg.com/tag/preserve/) - [Protection](https://levinginsburg.com/tag/protection/) - [Resignation](https://levinginsburg.com/tag/resignation/) - [Risks](https://levinginsburg.com/tag/risks/) - [Sensitive](https://levinginsburg.com/tag/sensitive/) - [Talent](https://levinginsburg.com/tag/talent/) - [401k](https://levinginsburg.com/tag/401k/) - [Attract](https://levinginsburg.com/tag/attract/) - [Contribution](https://levinginsburg.com/tag/contribution/) - [Discriminate](https://levinginsburg.com/tag/discriminate/) - [Employee Deferred Compensation Plans](https://levinginsburg.com/tag/employee-deferred-compensation-plans/) - [Incentives](https://levinginsburg.com/tag/incentives/) - [Non-Competition](https://levinginsburg.com/tag/non-competition/) - [Non-Qualified](https://levinginsburg.com/tag/non-qualified/) - [Payments Upon Sale of Business](https://levinginsburg.com/tag/payments-upon-sale-of-business/) - [Payouts to Employee](https://levinginsburg.com/tag/payouts-to-employee/) - [Qualified](https://levinginsburg.com/tag/qualified/) - [Retain](https://levinginsburg.com/tag/retain/) - [Talented](https://levinginsburg.com/tag/talented/) - [Valued](https://levinginsburg.com/tag/valued/) - [Backlog](https://levinginsburg.com/tag/backlog/) - [Court](https://levinginsburg.com/tag/court/) - [Dispute](https://levinginsburg.com/tag/dispute/) - [Docket](https://levinginsburg.com/tag/docket/) - [Evidence](https://levinginsburg.com/tag/evidence/) - [Judicial System](https://levinginsburg.com/tag/judicial-system/) - [Mediation](https://levinginsburg.com/tag/mediation/) - [Quicker](https://levinginsburg.com/tag/quicker/) - [Zoom](https://levinginsburg.com/tag/zoom/) - [CGL](https://levinginsburg.com/tag/cgl/) - [Clocking In](https://levinginsburg.com/tag/clocking-in/) - [Clocking Out](https://levinginsburg.com/tag/clocking-out/) - [Commercial General Liability Insurance Policy](https://levinginsburg.com/tag/commercial-general-liability-insurance-policy/) - [District Court](https://levinginsburg.com/tag/district-court/) - [Employment-Related Practices](https://levinginsburg.com/tag/employment-related-practices/) - [Northern District](https://levinginsburg.com/tag/northern-district/) - [Appointment](https://levinginsburg.com/tag/appointment/) - [Care](https://levinginsburg.com/tag/care/) - [Facility](https://levinginsburg.com/tag/facility/) - [Healthcare](https://levinginsburg.com/tag/healthcare/) - [Medical Bills](https://levinginsburg.com/tag/medical-bills/) - [No Surprises Act](https://levinginsburg.com/tag/no-surprises-act/) - [Patient](https://levinginsburg.com/tag/patient/) - [Schedule](https://levinginsburg.com/tag/schedule/) - [Selected Dispute Resolution](https://levinginsburg.com/tag/selected-dispute-resolution/) - [Self-Pay Rule](https://levinginsburg.com/tag/self-pay-rule/) - [Service](https://levinginsburg.com/tag/service/) - [U. S. Department of Health and Human Services](https://levinginsburg.com/tag/u-s-department-of-health-and-human-services/) - [Uninsured](https://levinginsburg.com/tag/uninsured/) - [Branding](https://levinginsburg.com/tag/branding/) - [Packaging](https://levinginsburg.com/tag/packaging/) - [Promotional Materials](https://levinginsburg.com/tag/promotional-materials/) - [Register](https://levinginsburg.com/tag/register/) - [Social Media Presence](https://levinginsburg.com/tag/social-media-presence/) - [Startup](https://levinginsburg.com/tag/startup/) - [Webinar](https://levinginsburg.com/tag/webinar/) - [Appealed](https://levinginsburg.com/tag/appealed/) - [Client](https://levinginsburg.com/tag/client/) - [District](https://levinginsburg.com/tag/district/) - [Findings](https://levinginsburg.com/tag/findings/) - [Revised](https://levinginsburg.com/tag/revised/) - [Seventh Circuit Court of Appeals](https://levinginsburg.com/tag/seventh-circuit-court-of-appeals/) - [ALDI](https://levinginsburg.com/tag/aldi/) - [BAP Certified](https://levinginsburg.com/tag/bap-certified/) - [Class Action](https://levinginsburg.com/tag/class-action/) - [Environmentally Destructive](https://levinginsburg.com/tag/environmentally-destructive/) - [False Advertising](https://levinginsburg.com/tag/false-advertising/) - [Grocery](https://levinginsburg.com/tag/grocery/) - [Injunctive Relief](https://levinginsburg.com/tag/injunctive-relief/) - [Label](https://levinginsburg.com/tag/label/) - [Unjust Enrichment](https://levinginsburg.com/tag/unjust-enrichment/) - [US District Court](https://levinginsburg.com/tag/us-district-court/) - [Handbook](https://levinginsburg.com/tag/handbook/) - [Highlight](https://levinginsburg.com/tag/highlight/) - [Neutral](https://levinginsburg.com/tag/neutral/) - [Starbucks](https://levinginsburg.com/tag/starbucks/) - [Unionization](https://levinginsburg.com/tag/unionization/) - [Violated](https://levinginsburg.com/tag/violated/) - [Book Value](https://levinginsburg.com/tag/book-value/) - [Buy-Sell Agreement](https://levinginsburg.com/tag/buy-sell-agreement/) - [Fair Market Value](https://levinginsburg.com/tag/fair-market-value/) - [Life Insurance](https://levinginsburg.com/tag/life-insurance/) - [Manufacturing](https://levinginsburg.com/tag/manufacturing/) - [Outsourced](https://levinginsburg.com/tag/outsourced/) - [Tax Status](https://levinginsburg.com/tag/tax-status/) - [Up-To-Date](https://levinginsburg.com/tag/up-to-date/) - [Commission on Human Relations](https://levinginsburg.com/tag/commission-on-human-relations/) - [requirements](https://levinginsburg.com/tag/requirements/) - [Sexual Harassment](https://levinginsburg.com/tag/sexual-harassment/) - [Catch-22](https://levinginsburg.com/tag/catch-22/) - [Contamination](https://levinginsburg.com/tag/contamination/) - [COVID-19](https://levinginsburg.com/tag/covid-19/) - [Hazardous](https://levinginsburg.com/tag/hazardous/) - [Insurance< Business](https://levinginsburg.com/tag/insurance-business/) - [Pandemic](https://levinginsburg.com/tag/pandemic/) - [Seventh Circuit](https://levinginsburg.com/tag/seventh-circuit/) - [Apartment](https://levinginsburg.com/tag/apartment/) - [Building Services](https://levinginsburg.com/tag/building-services/) - [Condominium Declarations](https://levinginsburg.com/tag/condominium-declarations/) - [consumers](https://levinginsburg.com/tag/consumers/) - [Cost Sharing/Assessments](https://levinginsburg.com/tag/cost-sharing-assessments/) - [Cross-Easement](https://levinginsburg.com/tag/cross-easement/) - [Management and control](https://levinginsburg.com/tag/management-and-control/) - [Mechanical and Utility Facilities](https://levinginsburg.com/tag/mechanical-and-utility-facilities/) - [Mixed-Use](https://levinginsburg.com/tag/mixed-use/) - [Progress](https://levinginsburg.com/tag/progress/) - [Properties](https://levinginsburg.com/tag/properties/) - [Retail](https://levinginsburg.com/tag/retail/) - [Structural Elements](https://levinginsburg.com/tag/structural-elements/) - [Structure](https://levinginsburg.com/tag/structure/) - [Technological](https://levinginsburg.com/tag/technological/) - [Use Restrictions and Alterations](https://levinginsburg.com/tag/use-restrictions-and-alterations/) - [Abortion](https://levinginsburg.com/tag/abortion/) - [Banning](https://levinginsburg.com/tag/banning/) - [Criminal](https://levinginsburg.com/tag/criminal/) - [Dobbs v. Jackson](https://levinginsburg.com/tag/dobbs-v-jackson/) - [EEOC](https://levinginsburg.com/tag/eeoc/) - [ERISA](https://levinginsburg.com/tag/erisa/) - [Health Insurance Coverage](https://levinginsburg.com/tag/health-insurance-coverage/) - [Human Liberties](https://levinginsburg.com/tag/human-liberties/) - [Medical Plan](https://levinginsburg.com/tag/medical-plan/) - [Overruling](https://levinginsburg.com/tag/overruling/) - [Reproductive Rights](https://levinginsburg.com/tag/reproductive-rights/) - [Roe v. Wade](https://levinginsburg.com/tag/roe-v-wade/) - [Travel Benefits](https://levinginsburg.com/tag/travel-benefits/) - [Trigger Laws](https://levinginsburg.com/tag/trigger-laws/) - [United States Supreme Court](https://levinginsburg.com/tag/united-states-supreme-court/) - [Women](https://levinginsburg.com/tag/women/) - [Bodily Injury](https://levinginsburg.com/tag/bodily-injury/) - [Constitution](https://levinginsburg.com/tag/constitution/) - [Cook County Court](https://levinginsburg.com/tag/cook-county-court/) - [Illinois Legislature](https://levinginsburg.com/tag/illinois-legislature/) - [Interest](https://levinginsburg.com/tag/interest/) - [Interest Rate](https://levinginsburg.com/tag/interest-rate/) - [Penalized](https://levinginsburg.com/tag/penalized/) - [Pre-judgment](https://levinginsburg.com/tag/pre-judgment/) - [Prosecute](https://levinginsburg.com/tag/prosecute/) - [Statutory](https://levinginsburg.com/tag/statutory/) ## Practice Areas - [Business Continuity / Ownership Management Succession](https://levinginsburg.com/practice_area/business-continuity-ownership-management-succession/) - Our clients rely upon our extensive experience and sensitive approach to providing services in planning for business continuity and developing and implementing their plan at all stages in the life cycles of the business and its owners. - [Commercial Litigation and Dispute Resolution](https://levinginsburg.com/practice_area/commercial-litigation-and-dispute-resolution/) - At Levin Ginsburg, we try cases — a lot of them. Whether we are retained to handle garden-variety commercial litigation and appeals, or more complex matters specific to certain industries, we bring the same integrity, judgment, and savvy to each case. - [Corporate And Business](https://levinginsburg.com/practice_area/corporate-and-business/) - Levin Ginsburg’s Corporate Group represents domestic and international companies, including family businesses, closely held business, and other entities conducting business activities in a wide range of manufacturing and service industries. - [Wealth Management and Asset Protection](https://levinginsburg.com/practice_area/wealth-management-and-asset-protection/) - We assist our clients in protecting their wealth, including creditor protection. We consider our clients’ objectives and desires regarding their needs, lifestyle, philanthropy, control, and transfers to future generations. - [Intellectual Property](https://levinginsburg.com/practice_area/intellectual-property/) - Intellectual Property is one of the most important assets of your business. Our attorneys have the knowledge and expertise to help you protect and defend that asset. - [Real Estate](https://levinginsburg.com/practice_area/real-estate/) - The real estate practice group at Levin Ginsburg focuses upon all phases of real estate transactions, including the acquisition, development, leasing and sale of properties, the investment in and financing of real property and debt restructuring. - [Employment and Benefits](https://levinginsburg.com/practice_area/employment-and-benefits/) - We counsel clients in a wide variety of employment issues, including employment covenants, hiring, confidentiality, promotion, performance evaluations, discipline, compensation, employee discharge, reduction in force, releases, leaves of absence, and protecting proprietary information and trade secrets. - [Insurance Regulation and Litigation](https://levinginsburg.com/practice_area/insurance-regulation-and-litigation/) - [Mergers and Acquisitions](https://levinginsburg.com/practice_area/mergers-and-acquisitions/)