Managing Electronically Stored Information: Best Practices Under Federal E-Discovery Rules
I. INTRODUCTION The U.S. Supreme Court recently approved amendments to the Federal Rules of Civil Procedure. The amended Rules are...
Holding Companies Beware: Illinois Adopts "Direct Participant" Theory
HOLDING COMPANIES BEWARE: ILLINOIS ADOPTS “DIRECT PARTICIPANT” THEORY (Parent companies now subject to greater liability for tortious...
5 Rules For Corporate E-Discovery Management
Identify an Electronically Stored Information (ESI) Management team and assign aTeam Leader. This person should be able to confidently...
Behind the Battle for Bytes
BEHIND THE BATTLE FOR BYTES The new Federal Rules of Civil Procedure concerning electronic discovery have dramatically changed the way...
The Expanding World of Non-Exempt Employees
Employers in any industry can be caught unaware of the recent contraction of exemptions from the duty to pay minimum wage and overtime...
Pledge of Membership Interests: Providing an Alternative to Foreclosure
A. FORECLOSING AGAINST A MEMBERSHIP INTEREST VERSES A TRADITIONAL MORTGAGE A lender can save time and money if it obtains a pledge of its...
High Court's Decision Modifies Non-Compete Rules
Attorney James M. Witz said a decision this month by the Illinois Supreme Court regarding noncompete clauses in employee contracts makes...
The Effect of a Bankruptcy on a Foreclosure
THE EFFECT OF A BANKRUPTCY ON A FORECLOSURE Imminent foreclosure is what prompts many people or entities to file for bankruptcy. In...
Nondischargeable Debts
NONDISCHARGEABLE DEBTS Leverage is the key component when working through a troubled loan. Both creditors and debtors attempt to maximize...
Loss-Sharing Agreements
FDIC LOSS-SHARING AGREEMENTS Loss-sharing agreements (“LSA”) have become more common over the last few years. However, LSA’s were first...