Privacy & Data Security

In today’s digital age, cybersecurity has become a critical concern for businesses of all sizes. Small businesses are particularly vulnerable to cyber threats due to limited resources that may affect their ability to implement robust security measures. In addition to the direct risks associated with data breaches, cybersecurity issues can also play a significant role in business disputes. For businesses that are involved in these types of disputes, an attorney with an understanding of the legal issues surrounding privacy and security can provide mediation services and help resolve these concerns.
The Importance of Cybersecurity for Small Businesses
Small businesses often
Continue Reading Cybersecurity Best Practices for Small Businesses

In today’s digital age, privacy has become a major concern for businesses of all types. With the increasing amount of personal data being collected and stored by companies, it is crucial for businesses to have a comprehensive privacy program in place to protect the information they handle. When addressing issues related to privacy and security, a business can determine the best steps to take with the assistance of an attorney who has a strong understanding of the legal issues that affect data privacy.
Why Is a Privacy Program Important?
A privacy program helps businesses establish policies and procedures that ensure
Continue Reading 8 Steps Businesses Can Follow When Creating a Privacy Program

When your business is faced with financial distress, there are actions you can and should take before all your lenders, creditors, landlords, customers and employees learn about the situation that may alleviate, reduce or defer the fall-out, that include:

  • Confidentiality. Keep the problem restricted to those who need to know at the time.
  • Honesty. Only disclose or provide information that is accurate and complete.
  • Gather. Locate and protect all documents relating to the distress and other situations that could be affected or trigger problems.
  • Advice. Ask your attorney, accountant and trusted consultants for advice.
  • List. Collect all contact information for


Continue Reading Financial Distress

A recent Illinois Appellate Court ruling upheld a carpet cleaner’s claim against a competitor that its competitors’ use of cleaning chemicals banned by the EPA that do a better cleaning job than his legal cleaning solutions constituted unfair competition in Illinois. Traditionally unfair business competition claims involve a competitors’ theft or misuse of business information, poaching protected customers or employees, or publishing false or defamatory information. None of those were involved here. The unfair competition claim was based on the competitor’s illegal or unethical conduct that did not directly relate to the operation of the plaintiff’s business. This suit is
Continue Reading New View on Unfair Competition

As close as you may monitor your debtors or borrowers, you may be surprised when you learn that a debtor or borrower is in financial distress. Some of the steps to take to prevent your borrower or debtor’s financial distress from becoming yours include:

  • Reconsidering further credit extensions.
  • Obtaining as much information as possible about the situation from your borrower, its plan to address it and the borrower’s risk of default.
  • Determining whether the distress is due to bad circumstances, bad management, or the state of the business or industry.
  • Evaluating the debtor’s chances to recover or default, and the


Continue Reading What to do When You See Your Borrower in Trouble

In today’s digital age, data privacy has become a crucial concern for businesses. With the increasing amount of sensitive information being stored and transmitted electronically, companies must ensure they are compliant with relevant data privacy laws to protect themselves and their customers from potential breaches. However, data privacy laws do not just impact a company’s compliance efforts; they can also have significant implications on business disputes. For those who encounter disputes related to data security, data breaches, or other related issues, an attorney with experience in mediation can provide guidance on the best ways to resolve these concerns and
Continue Reading How Can Data Privacy Laws Affect Business Disputes?

In today’s digital age, telehealth has become an essential tool for healthcare providers to deliver medical services remotely. With the convenience and accessibility it offers, telehealth has gained popularity among patients and practitioners alike. However, along with the benefits that these services provide, providers may also encounter concerns about patient privacy and data security.
Telehealth providers must take proactive steps to ensure they maintain compliance with the Health Insurance Portability and Accountability Act (HIPAA). This law sets standards for protecting sensitive patient information, known as protected health information (PHI), in any form – electronic, paper, or oral. An attorney
Continue Reading How Can Telehealth Providers Protect Patient Privacy?

This month’s Business Bytes highlights cyber security, privacy violation suits and marijuana in the workplace. 
Cyber Security.  With more cyberattacks predicted and smaller businesses with less to spend on security being targeted, there are some inexpensive steps you and your employees can take to help protect your business from cyberattacks, and minimize damage if one occurs. READ MORE
Privacy Violation Suits May Not Be Insured.  Several courts are deciding whether lawsuits brought pursuant to Illinois Biometric Information Privacy Act (BIPA) are covered by existing insurance policies. If you use or collect biometric or personal information, check your current policies or
Continue Reading September Business Bytes

While it is always important to read and understand the contracts you sign, loan documents, particularly those that look to be the lender’s printed “standard form” can contain hidden provisions. While a loan may say its “unsecured,” not constituting a lien on your assets, it could contain a “negative pledge” that could prevent using your assets for security for other loans or even obtaining other credit. The negative pledge is that you will not encumber or pledge your assets for another loan or will not incur additional debt until you repay this loan. Especially in situations where you or your
Continue Reading Negative Pledge in Loan Documents

Even the smallest Illinois employers are faced with complying with a myriad of state and federal employment laws, including:

  • No age, race, sex, color, religion, sexual orientation or pregnancy discrimination (All)
  • Providing equal employment opportunities without discrimination (All)
  • Allowing family medical leave (50 employees)
  • Preventing and training to identify sexual harassment (15 employees)
  • Allowing bereavement leave (51 employees)
  • Allowing blood doner leave (50 employees)
  • Allowing Civil Air Patrol leave (15 employees)
  • Allowing domestic violence leave (15 employees)
  • Allowing election judge leave (25 employees)
  • Allowing emergency work leave (All)
  • Allowing jury duty leave (All)
  • Providing meal and rest breaks (All)
  • Allowing


Continue Reading Illinois Employer Obligations List

Dealing with a data breach can be a nightmare for a small business. Not only are data breaches expensive and time-consuming, but they understandably make customers nervous and sometimes drive them away. 
Fortunately, there are things small businesses can do to quickly respond to a data breach. Businesses should quickly identify the source and extent of the breach, get an IT task force together, and inform customers and the authorities as soon as possible. More importantly, businesses can protect themselves before a breach ever happens by working with a skilled Illinois data security lawyer to create custom security solutions.
What
Continue Reading How Should Small Businesses Respond to a Data Breach? 

In today’s digital era, the threat of cyber attacks is a constant concern for businesses. A data breach or hacking incident can lead to substantial financial losses, reputational damage, and legal consequences. To mitigate these risks, many companies invest in cyber insurance policies that provide coverage for various cybersecurity-related incidents. However, disputes can arise regarding what is and is not covered by a cyber insurance policy. By understanding what these policies address, business owners can take steps to address and resolve cyber insurance disputes.
Coverage Provided by Cyber Insurance Policies
Cyber insurance policies are designed to protect businesses from the
Continue Reading What Is and Is Not Covered by Cyber Insurance?

This month’s Business Bytes highlights gift/estate tax exemption, cyber insurance confusion and social media liability. 
Gift/Estate Tax Exemption. While the Taxpayer Relief Act of 2021 increased the $5,000,00.00/$10,000.00 estate tax and $12,920,000.00/$25,840,000.00 annual gift tax exemptions for 2023, these generous exemptions sunset in 2025, so if they are useful to you, consider action. READ MORE,.
Cyber Insurance Confusion. Increased cyber-attacks put your business at risk, but obtaining appropriate cyber insurance is complex. Obtain the advice of competent experts in purchasing or deciding not to purchase this insurance, as either decision could be costly. READ MORE.
Social Media Liability. Hyped,
Continue Reading August Business Bytes

The recent U.S fine imposed on a French company pursuant to the Anti-Terrorism Act, 18 USC §2339 B et seq., for its payments to a terrorist organization that controlled the area where its cement factory was located in order to keep it operating, is a warning to all companies engaged in international trade. Like our government’s enforcement of the Foreign Corrupt Practices Act, 15 USC Ch. 2B §78a et seq., barring paying bribes to foreign governments or agents, the U.S. Justice Department will pursue payments made to designated terrorist organizations. Not only should you ensure your employees know and comply
Continue Reading International Business and Terrorism

Like a parent preparing an estate plan or an engaged couple preparing a pre-nuptial agreement, when you start or invest in a business you should have an exit plan. Deaths, disabilities, retirements or just the passage of time can create the need for substantial changes in your business or investment, and planning for the inevitable makes good business sense.
Some issues to consider in preparing your exit plan include:

  • Discuss and document an exit plan for owners and investors when forming your business and when bringing in new owners or investors.
  • Encourage all stakeholders to accept and participate in the


Continue Reading Plan Your Business/Investment Exit

The California Consumer Privacy Act (CCPA) has addressed data privacy issues for the state’s residents since 2020. It was amended by the California Privacy Rights Act (CPRA), which went into effect on January 1, 2023. These laws have placed requirements on businesses that collect, store, process, or transfer data related to California residents. One aspect of the law that people may not be aware of involves B2B data privacy, and businesses will need to understand the requirements that will apply when they handle data related to other businesses that are located in California or employ California residents.
How
Continue Reading Changes to California Law May Affect B2B Data Privacy