Illinois Supreme Court Extends Factors to Consider when Determining Enforceability of Restrictive Covenants

On December 2, 2011, the Illinois Supreme Court ruled in an unanimous decision in Reliable Fire Equipment Company v. Arnold Arredono (2011 IL 111871) that there are additional factors that courts should consider when determining the protectability of a legitimate business interest..

What Happens when a Fiduciary is the Benefactor of a transfer made by the Principal?

Unfortunately, there is no simple answer to that question as Illinois Appellate Court Districts have taken vastly different approaches to making a decision. There are two general theories.

Civil Union Partners Permitted to Jointly FIle 2011 Illinois State Income Taxes

The Illinois Department of Revenue issued a statement that Illinois couples who entered into civil unions under 750 ILCS 75/1 et seq. will be able to jointly file their 2011 state income tax returns.

Tax Implications of converting from a C-Corporation to an S-Corporation

When converting a C-Corporation to an S-Corporation there are many issues that must be accounted for and taken into consideration prior to making the election.

Oral Lifetime Employment Contracts

Under Illinois law, “no action shall be brought … upon any agreement that is not to be performed within the space of one year from the making thereof, unless … in writing and signed by the party charged.” 740 ILCS 80/1

Current Estate Taxes

The Tax Relief, Unemployment Insurance, Reauthorization, and Jobs Creation Act of 2010 was passed by the United States Congress on December 16, 2010 and was signed into law by President Obama on December 17, 2010.

Compensation of Executor/Administrator as Self-Employment Income « Jostock & Jostock, P.C.

NET EARNINGS FROM SELF-EMPLOYMENT.–The term “net earnings from self-employment” means the gross income derived by an individual from any trade or business carried on by such individual, less the deductions allowed by this subtitle [subtitle A] which are attributable to such trade or business, * * *.

Types of Restrictive Covenants in Employment Contracts

Generally, there are three types of restrictive covenants that are used in employment contracts, namely, noncompete, nonsolicitation and nondisclosure provisions.

Electing out of the Application of the 2010 Federal Estate Tax

The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, P.L. 111-312 passed on December 16, 2010 and enacted into law on December 17, 2010 retroactively reinstated the federal Estate tax for ..

Worker Adjustment and Retraining Notification Act

The Federal Worker Adjustment and Retraining Notification Act (“WARN Act”) (29 U.S.C. §2101 et seq.) and the Illinois Worker Adjustment and Retraining Notification Act (820 ILCS 65/ et seq.) govern permanent layoffs caused by plant closings and reductions in the workforce.