Privacy & Data Security

Asset protection planning is taking proactive steps to protect your personal or business assets and income before there is a legitimate threat or claim against you or your business. This is not giving away or transferring your assets to other parties, that carries its own risks, nor hiding your assets, but organizing and compartmentalizing your assets in order to isolate and protect them from creditor claims. Some asset protection planning you can do include:

  • Insurance. Liability, property, life, auto, business, E&D, D&O, cyber and other types of insurance should be considered and acquired to protect you and your assets in


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Unexpected supply-chain tie-ups, price increases, delivery delays and product shortages recently plagued many businesses. If they are not bad enough, handling the situation poorly can also result in contract breaches, customer/supplier losses, damages and lawsuits.
To minimize these unfortunate results, we recommend that you try to get ahead of the situation and offer these tips:

  • Communicate with your customers/suppliers to let them know you have some supply/cost issues and may not be able to meet your deadlines/pricing.
  • Be proactive and encourage customers to order early, suppliers to confirm inventories and deliveries, and to lock in current prices when possible.
  • Buy


Continue Reading Supply Chain, Product Increases and Shortages

On March 8, 2022, the Northern District of Illinois issued an opinion in State Auto. Mut. Insur. Co. v. Tony’s Finer Foods Enter., Inc., et al., 20-CV-6199, 2022 WL 683688 (N.D. Ill. Mar. 8, 2022) again addressing whether insurance coverage existed for an employer with respect to its employee’s claims of violations of the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1 et seq. The Northern District of Illinois previously addressed similar issues but rendered differing opinions in Am. Family Mut. Ins. Co., S.I. v. Caremel, Inc., 20 C 637, 2020 WL 8093501 (N.D. Ill. Jan. 7, 2022) and
Continue Reading Split Emerging Within Northern District of Illinois Concerning Application of ERP Exclusion in BIPA Lawsuits

On March 1, 2022, the Northern District of Illinois issued an opinion in Citizens Insur. Co of Am., & Hanover Insur. Co. v. Thermoflex Waukegan, LLC, 20-CV-05980, 2022 WL 602534 (N.D. Ill. Mar. 1, 2022) addressing whether insurance coverage existed for an employer with respect to its employee’s claims of violations of the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1 et seq.

In Thermoflex, an employee filed a class-action lawsuit against its employer in Illinois state court, alleging that his employer collected its employees’ handprint data in violation of BIPA. The employer collected the handprint data for purposes
Continue Reading Northern District Injects Confusion as to Whether Insurers Can Rely on the Employment-Related Practices Exclusion to Preclude Coverage for an Employee BIPA Suit

In McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, the Illinois Supreme Court issued an opinion finding the exclusive remedy provisions of the Illinois Workers’ Compensation Act (“Compensation Act”) 820 ILCS 305/1 et seq. does not bar an employee’s claim for statutory damages under the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1 et seq.

An employee filed a class-action lawsuit against her employer for violating BIPA. Her employer required its employees to use a biometric timekeeping system in order to scan an employee’s fingerprint for purposes of authenticating an employee and tracking their time at work. The
Continue Reading The Illinois Workers’ Compensation Act Does Not Bar An Employee’s Claim Under BIPA

Manufacturing delays, transportation shortages and overall supply chain issues caused problems for many businesses from manufacturing to retail. These situations outside of your control can also result in further problems for your business if you fail to supply, provide or have in inventory sufficient products for your customers. There are steps you can take to avoid, limit or minimize claims against you in these situations.

  • Review any and all contract documents to assess your potential exposure and the obligations others owe to you if these problems arise.
  • Redraft or amend your contract documents to limit your exposure in the


Continue Reading Supply Chain and Related Issues

On January 7, 2022, the Northern District issued an opinion regarding whether the claims contained in a lawsuit alleging the violation of the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1 et seq., were covered under a Businessowners’ Liability Policy. An employee of the insured filed a class action complaint in Kankakee County, Illinois, against the insured for violating BIPA. The insured required its employees to use a biometric time clock system to record their time. This system required the insured’s employees to scan their fingerprints to clock in and clock out. This information was then disclosed to the
Continue Reading Northern District of Illinois Finds Employment-Related Practices Exclusion Applies to BIPA Suit

Probably due to the pandemic, the Illinois Legislature passed few laws important to business in Illinois and effective January 1, 2022. They include:

  • Increasing the minimum wage to $12.00 per hour;
  • Making non-compete agreements generally not enforceable against employees earning less than $75,000.00;
  • Enacting new restrictions on vaping sales;
  • Requiring health insurers to cover mental illness and addiction treatment;
  • Barring or restricting early termination fees for many utilities and services; and
  • Making Juneteenth (June 19) a state holiday.

For a more exhaustive list, please visit:
www.thetelegraph.com/news/article/Around-300-new-laws-went-into-effect-in-the-new-16746674.php
Info@NapervilleLaw.com
This Brief is designed to provide our friends and clients with information regarding
Continue Reading New Business Laws for 2022

When the owner or owners of a closely held small business decide its time to sell or are approached by a potential buyer, the first order of business should be determining the business’ value or the value of the selling owners’ interest. Innumerable factors are considered in determining the value of a small business, and appropriate professional advice from your accountant, lawyer, business valuator, appraiser, tax adviser, business broker, industry experts and other consultants should not be overlooked. In addition to the book, replacement and market values of your business, other factors to consider include:

  • Legal Constraints. Corporate bylaws, and


Continue Reading Valuing a Small Business for Sale

To many people estate planning is merely preparing a will to tell your executor what to do with what you own when you die. But, estate planning is more than just drafting a will. It includes tax efficiencies, wealth preservation, asset protection, efficient asset ownership, retirement planning and business succession planning.
Estate planning can include:

  • Will.  Appoints and directs your executor what to do with your property after your death.
  • Trust.  Allows you and your successor trustee to handle your assets in private.
  • Special Needs Trusts.  Provides for a disabled person without loss of government aid.
  • Healthcare Power of Attorney. 


Continue Reading Estate Planning is Tax Efficiency and Wealth Management

The recent troubles with acquiring inventory, unexpected price increases, delivery delays and product shortages caused problems for many businesses. It also highlights that it is a good time to review your agreements, purchase orders, invoices, and other contract documents to see what they provide regarding these unexpected and uncontrollable situations, often called force majeure clauses. Learn how they apply to these situations, amend them if necessary, and try to get ahead of problems by informing customers, suppliers and others that there will be delays, price increases or product rationing because of forces beyond your control.
If you have any
Continue Reading Supply Chain-Force Majeure

Each business, or at least its ownership, has a life cycle and particularly with multiple owners it is important to consider at the business’ inception how the business may end or an owner leave. While the law provides a mechanism to end a business or one’s ownership, owners agreeing to some sort of buy/sell arrangement is preferred. Some of the factors to consider in drafting a buy/sell agreement include:

  • Valuation. Any agreement should include a method or formula to value the business at the time of the sale that may change over time and contain discounts or reductions.
  • Situation. The


Continue Reading Buy/Sell Agreements for Small Businesses

The law legalizing recreational cannabis also provided for the expungement (removal) of all court records regarding various prior cannabis arrests, citations and convictions. While each county’s States Attorney was charged with doing the expungements, few did. The Illinois Supreme Court just released forms for do it yourself cannabis record expungement: www.illinoislawyernow.com/2021/11/illinois-supreme-court-releases-cannabis-expungement-court-forms
If you have any questions, or if we can help you erase any prior criminal records regarding cannabis or other matters, please contact us.
info@NapervilleLaw.com
This Bulletin is designed to provide our friends and clients with information regarding the various subject matters covered, it is not designed to take
Continue Reading Cannabis Expungement

As an increasing number of seniors opt to remain in their homes with the assistance of non-family caregivers, there is an increasing risk that they could be victimized by an unscrupulous caregiver. Even if retained from a reputable source, background checked, highly referred and closely supervised, the family could be surprised to learn a caregiver improperly persuaded a relative to make a substantial gift or bequest to the caretaker or his/her family. Since 2014, the Illinois Probate Act provides that transfers of over $20,000 to a caregiver that is timely challenged by heirs is presumed to be void, putting the
Continue Reading Caregivers Concerns

Illinois law mandates all employers to annually provide sexual harassment training to each of its Illinois employees. While there are many consultants and programs an employer can hire or purchase to fulfil this legal requirement, the state also provides a free presentation. The requirements for the training can be found at: www2.illinois.gov/dhr/Training/Pages/Minimum-Training-Standards-for-All-Employers.aspx  and the state authorized program at: www2.illinois.gov/dhr/Training/Pages/State-of-Illinois-Sexual-Harassment-Prevention-Training-Model.aspx.
If you have any questions or problems, please contact us.
info@NapervilleLaw.com
This Bulletin is designed to provide our friends and clients with information regarding the various subject matters covered, it is not designed to take place of legal, accounting,
Continue Reading Illinois Employee Sexual Harassment Training

Your business supported you and your family, and when it’s time to retire, proper prior planning can enable it to also support your retirement. Successful business succession planning should begin well before you are ready to retire in order to maximize value for you and your family. More importantly, having and implementing a business succession plan can help your family and co-owners in the event of an unexpected disaster, like your death or disability.
Some of the questions to answer when considering business succession include:

  • Should the business stay in the family?
  • Should the transfer occur before death?
  • What are/will


Continue Reading Business Succession

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