Geneva, Illinois Legal Blog

The long-term consequences of a business dispute

On behalf of The Law Offices of Cooper, Storm & Piscopo posted in business disputes on Friday, August 9, 2019.

There are many ways in which business owners can approach business disputes, and various topics to explore. It is imperative to be aware of the different options that may be open to you if you have found yourself in this position, and you should also try to think from a long-term point of view. Business owners sometimes only view these disputes from a short-term perspective, but it is imperative to realize the potential implications of a dispute (even if you can secure an outcome that is in your favor).

From shattered business partnerships that play a crucial role in daily operations to the loss of key staff members and issues with customers as well as competitors, business disputes can have many different implications from a long-term viewpoint. It is important to try to work through these disputes smoothly and minimize potential challenges (or even prevent them, when possible). For example, you should try to avoid escalating tensions during a business lawsuit or dispute, and look for ways to increase productive and helpful communication with the parties involved.

Which Illinois business owners should be enrolling in Secure Choice?

On behalf of The Law Offices of Cooper, Storm & Piscopo on Thursday, July 25, 2019.

If you own a business in Illinois, you're familiar with the struggle to stay in compliance with local laws. In 2015, Illinois lawmakers passed the Illinois Secure Choice Retirement Savings Program (Secure Choice). The program is meant to help businesses that do not already have a retirement savings program. It is mandatory for those businesses.

Secure Choice is the first of its kind in the U.S. Early on, it made impressive strides. Nearly six dozen employers have participated since November 2018, when larger businesses were able to start enrolling.

Business lawsuits can impact entire families

On behalf of The Law Offices of Cooper, Storm & Piscopo posted in business disputes on Saturday, July 20, 2019.

When it comes to business litigation, many business owners focus on the potential impact that a lawsuit may have on their company. For example, they may worry about the financial fallout of a lawsuit and any potential penalties they will encounter, and they may have concerns about their business’ future in various capacities. Sometimes, business lawsuits can be so serious that they even force a business to shut its doors. Moreover, litigation can be disastrous for business owners in their personal lives, and they can even affect entire families.

There are a number of ways in which your family may be affected by a business lawsuit that you are facing. For example, your summer vacation plans may be derailed by the lawsuit, not only because of the amount of time and energy that litigation consumes but because of the potential financial challenges that could arise in the wake of a lawsuit. Furthermore, if your business is hit hard by the financial consequences of a lawsuit, this could prompt you to make lifestyle changes that affect your whole family. From avoiding restaurants to shopping less and making other lifestyle changes, this can be very difficult for families.

How should I address shareholder disputes?

On behalf of The Law Offices of Cooper, Storm & Piscopo posted in shareholder disputes on Sunday, July 14, 2019.

A shareholder agreement must satisfy all involved parties. It must also be designed with dispute resolution in mind. While you certainly hope for the best-case scenario in business, you must also have a plan in place in the event the worst-case scenario decides to make an appearance. To ensure your bases are covered, Entrepreneur offers the following information on handling shareholder disputes.

Make sure all shareholders are protected

How does the appeal process work in Illinois?

On behalf of The Law Offices of Cooper, Storm & Piscopo posted in appellate law on Sunday, June 30, 2019.

If you believe the verdict you received during a trial at a circuit court in Illinois was made in error, you have the right to appeal. The appeal process has numerous steps, and it's important to understand these steps even when you have professional legal representation. To help you along, the Illinois Courts offers the following information.

The appellate process entails filing many official notices to different entities. The clerk of the circuit court where your hearing was held will receive a notice of appeal, while the court reporters must be notified to prepare the transcripts. The clerk of courts must also prepare the record on appeal, which is provided to the appellate court which will be deciding on your appeal. You'll be responsible for providing the appellate court a notice of filing.

Can I sue over something posted on Facebook?

On behalf of The Law Offices of Cooper, Storm & Piscopo posted in civil litigation on Sunday, June 16, 2019.

Facebook and other social media are intended to bring people together. However, many people use social media as their own personal platform to air grievances, whether they have any backing in the truth or not. This can lead to civil disputes and litigation, as illustrated by a case occurring a few years back.

Good Housekeeping recounts the story of an employee who posted what was found to be a defamatory statement about a fellow worker. The post, which was surely in poor taste, didn't name the woman but inferred that she was responsible for her son's death, which occurred in 1976. It also inferred the woman was drunk at the time of her son's death. The subject of the post fought back against the false statements and was awarded $500,000 in damages. Of that number, half was awarded for the actual defamation, while the other half were punitive damages to deter others from following suit.

What are the benefits of a reverse merger?

On behalf of The Law Offices of Cooper, Storm & Piscopo posted in business disputes on Friday, June 7, 2019.

Most companies start out private. But, if your business is steadily growing, it's normally time to start considering going public around $100 million dollars in revenue. A reverse merger is one easy way to do that. Here are just a few reasons why.

What is "termination for convenience?"

On behalf of The Law Offices of Cooper, Storm & Piscopo posted in business disputes on Monday, June 3, 2019.

Have you had a business partner that has abruptly chosen to end your professional relationship in Geneva? In such a scenario, you typically expect to be given the reason behind their change of heart. Hearing that the now-former partner simply believes it to be in their best interests to do so can be a bitter pill to swallow, and one that might prompt you to question whether that is even allowed under the law. In most cases, a partner has to have cause to end a contractual agreement with you. Can one actually end a contract for convenience?

It depends on the type of company that you are working with. According to the Congressional Research Service, government agencies are automatically afforded the right to end contracts for convenience. If such a partner chooses to do so, you can typically only collect that money that is owed to you for the services you have already rendered (you may also be able to be compensated for the expenses associated with ending your service). Damages for breach of contract are only an option if you can somehow prove that the agency never intended to fulfill its agreement, thus allowing you to claim that it operated in bad faith.

Sometimes zoning ordinances, processes need to be challenged

On behalf of The Law Offices of Cooper, Storm & Piscopo posted in commercial and residential land use and zoning on Thursday, May 23, 2019.

The idea of zoning has grown commensurate with the expansion of towns and cities in Illinois and nationally, with zoning laws already having been enacted in some American municipalities more than a century ago.

The vast Chicago metro has of course employed zoning rules and processes from the early days of its development. That reality is notably apparent to anyone familiar with Chicagoland environs and their purposeful development.

Emotional challenges and business litigation

On behalf of The Law Offices of Cooper, Storm & Piscopo posted in business disputes on Friday, May 10, 2019.

For business owners, being taken to court can be one of the most stressful experiences they will have to work through. Not only can legal action in and of itself be difficult, but they may be worried about the ramifications of a lawsuit. Will additional people decide to take legal action as a result of the case? Will the financial implications of the lawsuit be so significant that staying in business will no longer be an option? These are just some of the questions that business owners may struggle with if they are facing litigation, which is why it is so pivotal to prepare and handle negative emotions properly.

Aside from stress, some business owners may become depressed or overly anxious as a result of the case. These emotions can adversely affect their ability to handle the case properly. Moreover, litigation may arise when business owners are dealing with existing emotional hurdles. For example, someone who runs a business may have been struggling with depression for years, and the lawsuit will hit them especially hard.

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