Helpful Articles

  • St. Louis Auto Accident Attorney - Compensation for Dashboard Injuries

    Car accidents can make an individual susceptible to numerous injuries. The extent of injuries differs depending upon the direction and speed of the crash. One of the most common injuries car accident victims complain of is a knee injury. For the driver and passengers sitting in the front of the car, the dashboard is placed right above their knees, which increases the chances of a knee injury if the knees get smashed against the dashboard due to the impact of the collision. Dashbo...

     

    Posted by Christopher Hoffmann 03/17/2016
  • What is an Alibi Defense and How Can I Use It?

    In any criminal proceeding, there are two general defense strategies that can be employed. The first strategy is to challenge and attack the prosecution’s evidence and argue that the evidence is insufficient as a matter of law to convict the defendant of the crime with which he or she is charged. This strategy generally does not result in the defense putting on any witnesses or evidence of its own: rather, through cross-examination the defense attorney will seek to expose holes and weak...

     

    Posted by Sami Azhari 03/14/2016
  • Can I Be Convicted of Burglary Without “Breaking” Anything?

    The penalties for burglary in Illinois can be very serious. The law on burglary in Illinois is 720 ILCS 5/19-1, and it states that a burglary occurs whenever a person:   (1) knowingly, and (2) without authority (3a) enters into or (3b) remains within (4) a building, watercraft, railroad car or other prohibited structure or item (5) with the intent to commit a (a) theft or (b) felony inside.   This is a deceptively-simple crime: when...

     

    Posted by Sami Azhari 03/14/2016
  • Can Police Search My Home or Office Without My Permission?

    Having a police officer show up at your home or place of employment unexpectedly can be terrifying, especially if the officer is demanding that he or she be permitted to search through your belongings. Many individuals are intimidated by an officer’s presence and feel as if they have no choice but to acquiesce to whatever the officer indicates he or she wants to do. However, you do not necessarily have to allow an officer to rummage through your belongings just because he or she demands...

     

    Posted by Sami Azhari 03/14/2016
  • How an Employer Can Avoid Sexual Harassment Liability

    During the past decade, I've defended many employers in sexual harassment claims and lawsuits. Whether a Fortune 500 corporation or a small business, the same mistakes/issues seem to occur prior to the claims (and usually before I'm called.) Based on my experience, I believe any business will be less vulnerable to sexual harassment claims if these three steps are followed: A Written Sexual Harassment Policy is Crucial If a claim is made, the first thing the EEOC or other finder of fact ...

     

    Posted by Lynn Kelly 01/26/2016
  • Five Tips to Keep New Businesses Out of Trouble

    Although my practice focuses on employment law, I am often asked to assist small businesses with other issues. Unfortunately, it's usually after the business is already in quite a pickle -- often having been served with a lawsuit. In mulling over what went wrong for these new businesses, I've come up with a list of five rules for new business owners to follow: Get professional help with entity formation Setting up your own "simple corporation" online may work for some, but selecting the be...

     

    Posted by Lynn Kelly 01/26/2016
  • Doing Time: White-collar sentencing has varied since 2005 ruling.

    Before the mid-1980s, sentences for so-called “white-collar” crimes tended to be lax, with no formal or generally accepted rules or guidelines for judges to follow. But a series of events, including several high-profile insider trading scandals, prompted Congress to pass the Sentencing Reform Act of 1984, which enacted the guidelines for crimes committed after 1987 and abolished parole for federal offenses. The guidelines, as passed, were mandatory and applied to all federal sentences, ...

     

    Posted by Braden Perry 01/07/2016
  • How to Become Successful in Compliance

    First, find the right environment. Many regulated companies are "reactive," meaning that they do not anticipate issues but wait for issues to arise and then act or "react." Many of these companies are short-sighted, looking at the near-term and not focused on long-term goals. "Proactive" organizations are forward looking, not only in anticipating issues that might arise, but in having clear directions and goals. The compliance staff has the best chance of being successful in a proactive organiza...

     

    Posted by Braden Perry 01/07/2016
  • Combating Government Corruption: Suing the Federal Government Via a Proposed Amendment to the Civil RICO Statute

    Valparaiso University Law Review Volume 46 Number 1 pp.169-210 Fall 2011 Combating Government Corruption: Suing the Federal Government Via a Proposed Amendment to the Civil RICO Statute Arie J. Lipinski This Notes is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staf...

     

    Posted by Arie Lipinski 10/03/2015
  • Does Garden-Variety Employee Owe Fiduciary Duties of Loyalty to Employer?

    I’m going to answer with a (soft) “yes.”  Its a soft yes because the duty owed by a “regular”, non-officer employee is more limited than that owed by a corporate officer.  There also aren’t many published Illinois cases that discuss an employee’s duties to his erstwhile employer. By contrast, cases are legion that catalog, in painstaking detail, the manifold duties owed by corporate officers to their corporate employers.  The case law is replete with mult...

     

    Posted by Paul Porvaznik 09/16/2015
  • What is the Cost of a Liquor License in Chicago?

    I get this question all of the time.  The answer depends on a lot of things. For example, an applicant may qualify for one type of license, but not another. Similarly, certain licenses may be appropriate for one applicant, but not another. So, your individual circumstances can dictate how much the City will charge you. Here's the current City of Chicago pricing list. The fee is due with the application and is nonrefundable. If the application is approved, the license fee is good for two y...

     

    Posted by Daniel Rubinow 09/14/2015
  • What you should know about insurance company surveillance and your workers' compensation claim.

    It is well known that workers' compensation and liability carriers take drastic measures to mitigate claims costs. Often times, their mitigation strategy will come in the form of an Independent Medical Examination (IME) where an insurance carrier’s doctor will render an expert opinion as to causality of an injured worker’s medical condition in an attempt to suspend benefits or reduce damages. Under certain circumstances, however, insurance companies will employ more invasive measures....

     

    Posted by Raul Rodriguez 09/09/2015
  • Driverless Cars and Your Legal Rights

    They are all over the news. They have already hit the road. The big tech giants from Apple to Google to Uber have invested heavily in their use. Driverless cars are here to stay. What's more, the companies investing in these technologies have also developed and tested driverless freights trucks. The downside to this exciting technology rests in its potential for accidents. A handful of driverless car accidents have already been reported in California. So, this begs the question: What...

     

    Posted by Raul Rodriguez 09/09/2015
  • Vacating A Money Judgment in Illinois: When and How to Do It (Section 2-1301 and 2-1401 Motions)

    Code Sections 2-1301 and 2-1401 (735 ILCS 5/2-1301, 735 ILCS 5/2-1401) govern motions to vacate judgments in Illinois.  Section 2-1301 applies where you’re trying to vacate a final judgment within 30 days of its entry (i.e. if judgment entered on April 15, 2014, you have through May 16, 2014 to move to vacate it under 2-1301).  Section 2-1401 covers attempts to vacate judgments that are more than 30 days but less than two years old (judgments entered from between 31-7...

     

    Posted by Paul Porvaznik 09/04/2015
  • Recovering Loss of Earning Capacity Damages When the Plaintiff Is Self-Employed

    The plaintiff in Keiser-Long v. Owens, 2015 IL App (4th) 140612, a self-employed cattle buyer, sued for injuries she suffered in a car accident with the defendant.  The defendant admitted negligence and the parties went to trial on damages. The defendant successfully moved for a directed verdict on plaintiff’s attempt to recover for lost earning capacity at trial and the Plaintiff appealed. Reversing, the Fourth District appeals court expanded on the potential damages a perso...

     

    Posted by Paul Porvaznik 09/04/2015
  • Installment Contracts and the Statute of Limitations Defense in Illinois: From When Is the Time of Breach Measured

    The statute of limitations defense and the equitable doctrine of laches are firmly-entrenched legal devices aimed at fostering finality in litigation.  The limitations and laches defenses both look to the length of time a plaintiff took to file suit and strive to balance a plaintiff’s right to have his claim heard on the merits with a defendant’s competing right to timely defend a lawsuit. The inherent tension between the goals advanced by the l...

     

    Posted by Paul Porvaznik 09/04/2015
  • Michael Keaton Beats Breach of Contract Suit Based On Box Office Bust

    “The ultimate badass introduction. Say this upon meeting someone tough and they’ll never mess with you.” That’s how no less an authority than Urban Dictionary (who said I wasn’t high-brow?!!) describes “I’m Batman!” – a film-defining movie line that seems to have been catapulted into cultural idiom status. (http://www.urbandictionary.com/define.php?term=I’m+Batman) Not sure if Michael Keaton unveiled this quiver-inducing Statement as a breach of contract defense but t...

     

    Posted by Paul Porvaznik 09/04/2015
  • Economic Loss Rule Equals Severe Reduction in Damages in Breach of Contract Action Versus Furniture Maker - 7th Circuit

    http://paulporvaznik.com/economic-loss-rule-requires-reversal-of-2-7m-damage-verdict-in-furniture-makers-lawsuit-7th-circuit/9845...

     

    Posted by Paul Porvaznik 09/04/2015
  • Tenant Can Recover Attorney Fees in Successful Counterclaim Under Chicago Landlord-Tenant Ordinance

    http://paulporvaznik.com/chicago-tenant-can-recover-attorneys-fees-in-successful-counterclaim-under-city-landlord-tenant-ordinance-first-dist-rules/9830...

     

    Posted by Paul Porvaznik 09/04/2015
  • Foreign Evidence in U.S. Product Liability Law

    International Manufacturers Beware Foreign Evidence in U.S. Product Liability Law By Christopher T. Miller and William Seth Howard   In this global economy manufacturers are compelled to produce many alternative product lines, including one intended to comply with American laws and safety standards and others intended to comply with foreign laws and standards.  Recently, plaintiffs in the United States have attempted to use foreign standards or foreign prod...

     

    Posted by Chris Miller 06/11/2015