In the recent case of Critical Care Systems, Inc. v. Heuer, the Illinois Appellate Court agreed that a non-compete agreement was too broad and thus unenforceable and affirmed the trial court’s refusal to enjoin the employee from joining a competitor of his former employer. The Appellate Court also refused the…
Declaring bankruptcy can have a number of advantages for some companies. It doesn’t necessarily mean the end of the company, but it can be the beginning of a transition into another company, even if it continues in the same business. For example, General Motors (G.M.) declared bankruptcy in 2009. It’s…
Familial relationships can be tough. When you combine them with the added stress of trying to run a family business together, sometimes it can be a recipe for disaster. Marla Cramin, the owner of Sarkis Cafe, a popular diner that has been business in Evanston for many years, has filed…
The promise of awarding gift cards is just one method retailers sometimes use to lure shoppers into their stores. For example Hollister Co., a clothing retailer, promised consumers who spent $75 or more a $25 gift card in December 2009. The cards themselves allegedly stated they had “no expiration date”,…
Large corporations have developed a reputation for cutting costs by cheating their employees out of wages. Everything from forcing employees to work off the clock to misclassifying them as exempt from overtime has become common practice in corporate America. Despite the fact these practices are against the law, companies often…
Non-compete agreements were initially intended to keep trade secrets safe. They originated in the tech industry where certain employees have the potential to take highly sensitive information with them when they leave the company. This could be disastrous to the company if employees decide to leave to work for a…
Arkansas has now become a state that permits a court to “blue-penciling” of a non-compete agreement. Governor Asa Hutchinson signed a statute (S.B. 998 or Act 921) permitting courts the flexibility to enforce those portions of a non-competition agreement that are reasonable and to delete overbroad, unenforceable provisions. Arkansas courts…
Employers are responsible for any and all business expenses. In the event a worker has to cover expenses for the employer, the employer is required to properly reimburse the worker in a timely manner. But problems can arise in situations where it’s difficult to determine the exact amount of the…
The Federal Court of Appeals for 8th Circuit —the appeals court for federal district courts in South Dakota, Minnesota, Missouri, Nebraska, North Dakota, Iowa, and Arkansas —refused to enforce a corporate employer’s non-compete contract. The Parties’ Dispute. The case arose out of the following facts.NanoMech, a Delaware corporation with…
Keep Your Friends Close: What to do When a Friend and Business Partner Allegedly Defrauds You When entering into business transactions, it’s always important to know the terms of the agreement. The importance of being aware of the exact terms of an agreement cannot be overstated. Sometimes, even more important…