A new world order: Harvard Professor John Ruggie’s final guiding principles on business and human rightsBy Michael G. CongiuBusiness Advice and Financial Planning, April 2012The final U.N.'s Guiding Principles on Business and Human Rights pose an enormously significant set of parameters upon corporations and signify a critical departure from the historical obligation of states to protect and promote the human rights. According to the Guiding Principles, companies now have human rights obligations that are commensurate and may even exceed the obligations of sovereign states.
News from the National Labor Relations BoardBy Alan M. KaplanBusiness Advice and Financial Planning, April 2012President Obama recently appointed three new members to the NLRB.
7th Circuit successor liability law as extended by Ordonez v. AkoratBy Brian P. Welch & Barry A. ChatzCommercial Banking, Collections, and Bankruptcy, February 2012In Ordonez, et al v. Akorat Metal Fabricators, Inc., et al, the Northern District provided a roadmap of the federal doctrine of successor liability and gives asset-purchasers guidance on how not to plead a Motion for Summary Judgment asserting that successor liability is inapplicable as a matter of law.
The danger of Internet checks as part of a company’s hiring processBy Peter LaSorsaLabor and Employment Law, February 2012The latest endeavor by companies is to check Web sites like Facebook and Twitter to see what new information they can learn about prospective employees. Is this a good idea? Are there potential land mines that the company could step on?
Are “drag along” provisions valid in Illinois?By William A. PriceBusiness and Securities Law, November 2011Private equity transactions routinely include the right to compel owners of a minority interest in a company to take the same price that the majority gets in future deals, without the appraisal and “fair value” process provided in the Illinois Business Corporation Act. Is this type of provision valid?
The future of corporate structures: The Washington, D.C. approachBy Frank M. GrenardCorporate Law Departments, November 2011For better or for worse, what has started with the nation’s capital has the potential to reach the Illinois General Assembly’s eye and ear, particularly if it results in a significant attraction to companies to set up shop in a BOC-type jurisdiction.
Recent developments in Swiss business lawBy Florian S. JörgInternational and Immigration Law, November 2011A list of changes to note when doing business in Switzerland.
Breach Notification Laws—What every business owner needs to knowBy Gary Zhao & Peter MarisRacial and Ethnic Minorities and the Law, October 2011For any multi-state or nationwide business, preventing information security breaches is most likely the easiest and cheapest way to comply with breach notification laws.
Company Web sites: Best practices for avoiding securities fraudBy Elizabeth A. Bleakley & Daryl M. SchumacherBusiness and Securities Law, July 2011A look at some of the regulatory issues, as well as the application of antifraud provisions of federal and state securities laws to company Web sites.
The curious history of resale price maintenanceBy Charles A. StewartBusiness Advice and Financial Planning, June 2011The agreement between manufacturer and retailer to set minimum prices eliminates, or at least dramatically restricts intrabrand competition among retailers of the articles and so is an obvious restraint of trade deemed illegal by the Sherman Act.
Hazards of failure to register as a foreign corporationBy Stephen M. ProctorCorporate Law Departments, June 2011Although registering as a foreign corporation will subject the corporation to the state’s jurisdiction and taxation, some consequences, as shown in Centralia Mining Co., v. Deneen Crawford, could be even more severe.
The Human Rights Campaign Corporate Equality IndexBy Marc A. GarciaDiversity Leadership Council, June 2011Since 2002, through the Corporate Equality Index (CEI), the Human Rights Campaign has surveyed major businesses, including law firms, to benchmark important employer benefits and protections for lesbian, gay, bisexual and transgender (LGBT) employees and their families.
Lender’s use of SBA in IllinoisBy James P. Kelly & Lewis F. MatuszewichCommercial Banking, Collections, and Bankruptcy, June 2011In the fiscal year ending September 30, 2010, 213 different banks utilized an SBA guaranty on 1,975 loans for a total of $504,968,498.
Acquisition of company assets may include hidden unclaimed property liabilitiesBy Stanley R. KaminskiState and Local Taxation, May 2011To combat the potential unclaimed property problem, a purchasing company should consider adding a provision to the acquisition agreement dealing with past or existing unclaimed property.
The curious history of resale price maintenanceBy Charles A. StewartBusiness and Securities Law, May 2011The agreement between manufacturer and retailer to set minimum prices eliminates, or at least dramatically restricts intrabrand competition among retailers of the articles and so is an obvious restraint of trade deemed illegal by the Sherman Act.
Recent developments in Swiss business lawBy Florian S. JörgInternational and Immigration Law, May 2011Developments of particular interest to international business law practitioners.
Regulation D securities offeringsBy Elizabeth A. Bleakley & James L. KopeckyBusiness and Securities Law, May 2011A discussion of Regulation D and exemptions available under Rule 504, Rule 505, and Rule 506.
Case law developmentsCorporate Law Departments, April 2011Recent cases of interest to corporate attorneys.
Establishing a corporate giving programBy Leonard W. SachsLaw Office Management and Economics, Standing Committee on, April 2011A look at Howard & Howard's corporate giving program, and some guidance for establishing your own.