For a whole host of reasons, there seems to be a steady flow of cases where two parties enter into a business agreement and one party fails or refuses to perform – even after receiving the benefit of the deal. In these
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Basics of Filing a Chapter 7 Petition for Bankruptcy Individuals seeking bankruptcy protection have three options – they can file petitions under Chapter 7, Chapter 11 or Chapter 13 of the code. This note is focused on Chapter 7 petitions. The key
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Don’t Win the Battle and Lose the War. On September 20, 2019, the Seventh Circuit issued a clear word to the wise. If you are in a tax dispute with the IRS and you want the amount of tax or the amount
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If you enter into contracts in Illinois, you should at least be aware of the Frauds Act. Illinois law limits certain claims and actions if they are not supported by a writing signed by the party to be charged with the claim
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Small Estate Affidavit. The Probate Act of 1975 contains a provision which governs the use of affidavits in small estates. Under the statute, an estate is considered small when all property passing to any party either by intestacy or under a will
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Clients oftentimes ask me to forecast how much a lawsuit will cost. In the context of contract disputes, the answer invariably depends on the nature of the written documentation. If the parties relied on an oral agreement, then it becomes much more
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Donative intent is a phrase used to describe the situation where a transfer of property is made as a gift. Simply put, it is an intent to gift. Someone is said to have donative intent if they give something of value to
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Essential Business Contracts. Some clients are proactive and prepare written agreements and others prefer a verbal agreement with a good handshake. Both oral and written agreements are legally enforceable, but written agreements help the court by providing a tangible form of the
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Defend Trade Secrets Act – A Federal Trade Secret Cause of Action. The DTSA establishes a federal civil cause of action for the misappropriation of trade secrets related to a product or service used in, or intended for use in, interstate or
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Non-Compete Covenant found unenforceable. Employers Non-Compete Covenant was not supported by Adequate Consideration where employment period did not exceed two years. It is not uncommon for employers and employees to enter into employment agreements containing a restrictive covenant. Typical restrictive covenants include
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