Although commercial and residential leases are similar in structure, the protections surrounding commercial tenants can be limited under the law. One major protection awarded to residential tenants in Illinois is the Security Deposit Return Act. 765 ILCS 710/0.01 et...
commercial and residential land use and zoning
Developments in Electronic and Financial Discovery
By Holly F. Rumiano Law Clerk Generally, the scope of discovery in Illinois requires full disclosure of any document or tangible thing that is relevant to the subject matter. Ill. S. Ct. R. 201, 214. When a party is particularly resistant...
What happens after the Appellate Court rules?
After an Illinois circuit court issues a final judgment in a civil case, one or both parties involved may file an appeal if they believe there was a significant error made during the trial. However, what if individuals or businesses file an appeal, but do not agree...
Negative and affirmative easements: A primer
Generally, an easement is a right of one person to use a portion of land owned by another person (an “affirmative easement”), or to limit the use of a section of land (a “negative easement”). The person or land who benefits from the use of the easement is known as the...
What property owners must know before requesting a variance
Zoning is a critical aspect of land-use planning that all property owners must adhere to. “Zoning” refers not only to the types of improvements that may be built and activities that may be conducted in certain districts but also matters such as setback, height and lot...
Four types of invasion of privacy claims
Privacy is a highly valued right. The explosion of social media and constant information sharing has markedly increased the risk that business owners, busy professionals, teachers, technicians, and indeed anyone of us that daily uses the internet could suffer...
A good succession plan can help prevent disputes
Business owners invest a considerable amount of time, money and pride into their company, whether it is a small business or a large corporation. However, there will inevitably come a time when a business owner steps down, retires or passes away. If Illinois business...
Determining jurisdiction in a civil lawsuit
Jurisdiction of courts is among the first things students learn in law school, and yet questions continuously arise over whether a court has the power to decide certain cases or enter judgments against a person or a business. In its most basic form, jurisdiction is...
Shareholder deadlock can threaten closely held corporations
The shareholders of a business share an interest in the direction of the company and its success. But sometimes shareholders struggle to make unified decisions, leading to a deadlock. Deadlock situations happen most frequently in closely held companies whenever there...
Does your website designer have a fiduciary duty to not misuse your financial or confidential information? What could or should you do to protect your business?
Recently I was asked by a client what remedies there might be for a website designer who already had access to their financial and confidential information. The client suspected the web designer might be trying to misuse their access to that information and their...