A Matter of Trust: Closely-held derivative lawsuits
Derek P. Usman, The Usman Law Firm, P.A. A shareholder may initiate a direct action lawsuit against a corporation to redress an injury inflicted by the corporation upon the shareholder. However, a shareholder may also assert a cause of action on behalf of the corporation. Such a suit, a derivative lawsuit, arises against officers […]
COMING THIS SUMMER: THE NEW ILLINOIS POWER OF ATTORNEY ACT
Effective July 1, 2011, changes in the Act create new statutory Power of Attorney (POA) forms for property and healthcare. A Power of Attorney is a legal document that gives another person (your agent) the authority to make financial and other legal decisions on your behalf. The revised act provides more guidance to the agent […]
BUSINESS COSTS ASSOCIATED WITH E-DISCOVERY
Within the context of litigation, electronic discovery (e-discovery) refers to discovery of information in electronic format. Information preserved in electronic format often contains metadata, which is invisible to the naked eye. Metadata mining involves uncovering metadata, such as draft revisions, tracked changes, hidden text. Businesses should implement adequate procedures to remove metadata through the process […]
THE CONTRACT – HAVE IT IN WRITING
A written document to memorialize terms of an agreement between two or more persons minimizes confusion and possibility of litigation. Even though an oral agreement is usually sufficient to form a legal binding contract, a written contract provides proof of the intentions of the parties. To demonstrate a breach of contract, the aggrieved party must […]
A START-UP BUSINESS MIGHT BE WISE TO CHOOSE THE LLC AS ITS ENTITY FORM
Since tax considerations are of utmost importance in choosing an entity form, entrepreneurs should determine the advantages of beginning their business as a LLC. In particular, the applicability of the LLC structure must be examined when the entity plans to go public or merge with a public corporation. While enjoying the benefits of a LLC […]
AMENDING PLEADINGS IN ILLINOIS COURTS
Section 2-616 of the Illinois Civil Practice Law provides for amendments to pleadings on just and reasonable terms before final judgment. Loyola Academy v. S & S Roof Maintenance, 146 Ill.2d 263 provides the standard for amending pleadings in Illinois. The Loyola Academy court looked to four factors in determining the appropriateness of allowing leave […]