Brooks, Tarulis & Tibble, LLC

We are a general practice firm, providing legal services in corporate law, commercial transactions, real estate, contracts, estate planning, business litigation, local government representation, divorce, privacy protection, personal injury litigation, and a wide range of other legal areas. Our attorneys also serve as general counsel to many families, businesses and organizations.

Brooks, Tarulis & Tibble, LLC Blogs

Latest from Brooks, Tarulis & Tibble, LLC

Just like the federal protection of consumers from robocalls, violations of the no call list, and unwanted faxes, the CAN-SPAM Act is designed to protect your email from unwanted or fraudulent communications and assesses penalties on those who abuse email. If you are using email commercially or for marketing, some of the rules to follow to avoid civil suits and penalties include:

  • Do not use false header lines or subject descriptions.
  • Disclose if the communication is an advertisement.
  • Disclose a valid physical postal address.
  • Provide an opt-out opportunity.
  • Honor opt-out requests.
  • If you have any concerns about your email marketing
    Continue Reading CAN-SPAM Act

    Like programs in many other states, the Illinois Secure Choice Program mandates all employers to register with the Illinois Secure Choice Program that provides a retirement savings plan to employees without one. Employers must register and participate or claim an exemption, provide and update an employee roster, inform employees of the program, and for employees that do not opt out, deduct a percentage of their compensation and remit it to the Program Administrator. The Illinois plan acts like an IRA with restrictions and limitations for employees that do not opt-out.
    Some key facts regarding the Illinois Secure Choice include:

    • Obligated


    Continue Reading Employee Pensions

    While government entities like park districts and schools have statutory immunities, waivers, and limitations applicable to injuries occurring on their facilities and at their functions, the increasing number of private playgrounds, play areas, gyms, and party locations do not. Besides proper insurance and warning signs, liability waivers can be used to prevent or limit your business’ liability for injuries, but they must comply with the myriad of laws that regulate them for each type of business in order to be enforceable. Be sure that your contracts and other forms comply with all laws and regulations applicable to your business and
    Continue Reading Liability Waivers and Limitations

    Most lawsuits begin with the personal service by a Sheriff or by private process server handing to each defendant (the party being sued) or a member of the defendant’s household a summons (notice to appear in court) and a complaint (document alleging wrongful conduct and seeking recovery), requiring appropriate action by the defendant or risking entry of a default judgment (judgment entered without a trial).
    Some dos and don’ts to remember when served with a lawsuit include:

    • Don’t panic. Your lawyer, accountant, and insurance carrier have been through this and are there to help.
    • Do read. Be sure you are


    Continue Reading What to Do When Served with a Suit

    Many businesses include an arbitration provision in their contracts to enhance speed, ensure efficiency, and provide consistency in resolving business disputes. While most courts generally favor arbitration if agreed by the parties, a recent court ruled that the business filing a motion to dismiss a lawsuit before filing its motion to compel arbitration waived the contractual right to arbitrate the dispute. Be careful how you or your lawyer responds to a lawsuit to avoid waiving your contractual right to arbitrate the dispute.
    If you have any questions or if we can assist you, please contact us.
    This Bulletin is designed
    Continue Reading Protecting Your Right to Arbitrate

    Recent home sales show that 15% of homes were purchased by non-married, non-related adults, and the trend is increasing. For unmarried co-owners, even inter-generational relatives, a written agreement is highly recommended that address the following questions:

    • Purpose of Co-Ownership.  Is it for residence, investment, financial assistance, inheritance, poor credit, or caretaking?
    • Type of Co-Ownership.  Tenants in common, a trust, or a limited liability entity?
    • Expenses Sharing.  How will expenses be paid and contributions be valued to ensure mortgage, utilities, HOA fees, and the like are equally addressed?
    • Acquisition.  Will co-owners contribute equally to the purchase price?
    • Improvements.  How will maintenance,


    Continue Reading Home Co-Ownership

    Illinois and many other states severely restrict the use and enforcement of non-competition and non-solicitation contracts and provisions relating to employees and former employees. The Federal Trade Commission also proposed rules to ban all existing and future contract provisions relating to similar restrictions on former employees. Patent, copyright, and other Federal and State protections for trade secrets and your confidential and proprietary information of a competitive nature remain. In light of these changes, each business should review any existing employee non-competition and non-solicitation agreements to ensure legal compliance.
    If we can assist you in adapting to this change or addressing
    Continue Reading Employee Non-Compete and Non-Solicitation Agreements

    Every year new federal, state, and local employment laws are enacted and existing ones updated. While the list from 2025 is substantial, and often local or industry specific, some of the major employment issues to be aware of include:

    • Compensation Transparency. Wage and salary information must be provided to applicants as well as comparable compensation information to requesting employees.
    • Paid Time-Off. Paid leave may be required and policies for vacation time or PTO must be clear.
    • Protected Categories. Numerous categories of employees are protected from discrimination or unfair treatment, and employers must provide reasonable accommodations for many of their situations.


    Continue Reading Employment Law Checkup

    Limited Liability Companies may be treated for tax purposes in a number of ways. To be taxed as an S Corporation under the IRS Code, a new LLC and all of its members must sign and file Form 2553 with the IRS within sixty (60) days of when it starts business, acquires assets, or has members. There are provisions for delayed filings and for filings by existing LLCs. This is a decision best made with the advice of your tax professional.
    As the election of tax treatment for your LLC can have financial consequences, please consult your tax advisor at
    Continue Reading Tax Treatment for Your Limited Liability Company

    A business you create with or for your family can be a legacy for generations to follow. But preserving this legacy in light of an expanding family and the addition of new generations takes planning and sometimes difficult decisions to avoid its breakup and family strife.
    Some of the steps you can take to avoid or reduce the impact of family growth and strife on the family business include:

    • Corporate Governance.  Maintain the multi-tier structure of Owner – Director- Officer- Employee or Member- Manager- Employee in the business documents so each family member involved in the business knows their rights,


    Continue Reading Preserving a Family-Owned Business

    Hurricanes, floods, and other extreme weather conditions can cause substantial damage to businesses and their property. If you had property damage and business interruption insurance for such situations, both usually sold in commercial insurance policies, you still have work ahead of you to submit your claim and maximize your recovery.
    Some rules for preparing business loss claims include:

    • Thoroughly examining and documenting all physical damage.
    • Assembling a team, including accounting, legal, insurance, and construction, with a single team leader.
    • Knowing your policy and tailoring the claim to it, including the forms of coverage provided, covered locations, covered causes of loss,


    Continue Reading Business Interruption Claims

    We are seeing an increasing number of situations where family members, employers, executors, and guardians are unable to access or even discover a disabled, deceased persons, or former employee’s accounts, phones, computers, emails, social media accounts, electronic wallets, vehicle titles, and other assets. To avoid this loss and excessive costs, please be sure you have the following in a safe, secure, and assessable location known to a trusted friend or attorney in the event of your death or disability:

    • A complete list of and the documents relating to accounts, bitcoin, assets, real estate, vehicles, electronic wallets, and other items of


    Continue Reading Preserving Accounts, Usernames, and Passwords

    All business owners should be prepared for a disaster, whether it’s physical, economic, legal, or personal. Besides preparing a disaster action plan, many businesses also acquire various insurance policies to address the harm a natural or other disaster can cause a business. Some common types of business insurance for such disasters include:

    • General Commercial Liability. Provides coverage for claims arising from personal injury or property damage caused to third parties.
    • Workman’s Compensation. Provides coverage for employees injured on the job.
    • Property Coverage. Provides payment for property damage to the premises and its assets, like machinery and computers.
    • Business Interruption. Provides


    Continue Reading Business Disaster Insurance

    Social media has been a boon for many businesses, but businesses must use it with caution. Some of the legal traps of social media include:

    • Not treating your company’s social media posts as marketing subject to advertising laws.
    • Overlooking sweepstakes and other laws applicable to giveaways and promotions.
    • Not realizing you can be responsible for your influencers’ and content creators’ content.
    • Sharing or posting inappropriate content.
    • Not obtaining appropriate rights when sharing others’ content.
    • Failing to comply with social media platform terms.

    Should you have any questions or concerns, please contact us.
    This Bulletin is designed to provide our friends
    Continue Reading Social Media Legal Traps

    Following a business disaster, even the savviest owner can be in shock and unable to comprehend how to recover. Having a disaster recovery plan in place before an occurrence can speed up the process and maximize your recovery.
    A disaster recovery plan should include:

    • Proper Documentation.  Photograph and document real and personal property periodically to have evidence of their existence and pre-disaster condition.
    • Document Preservation.  Multiple copies of insurance policies, property valuations, titles, and other important papers should be stored in safe and accessible locations.
    • Contact Information.  Contact information for all relevant parties should be maintained in a safe and


    Continue Reading Maximizing Your Disaster Insurance Recovery

    Introducing new business partners to add talent, increase sales, or enhance finances is often a good idea, but with new partners come new risks to your business. To minimize those risks:

    • Evaluate how they will enhance your business.
    • Conduct due diligence on new partners.
    • Provide a honeymoon or probation period.
    • Establish mutual expectations and goals.
    • Define roles and responsibilities.
    • Secure a business prenup or buyout agreement.
    • Document your understanding.

    If you are considering adding members, owners, or partners to your business, please contact us if you have any questions or issues.
    This Bulletin is designed to provide our friends and
    Continue Reading New Partners, New Problems