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How to Mitigate Post-Closing Risks to Facilitate Asset Distribution and Entity Dissolution

After a transaction closes, sellers often wonder: when can all proceeds be distributed and the selling entity be dissolved? This question can be complicated, particularly where there are surviving representations, warranties,...more

Key Takeaways from the FTC’s Non-Compete Ban

Tuesday, April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to implement a new rule banning non-compete agreements for most U.S. workers. Specifically, the new rule prohibits employers from entering into or...more

The Illinois Freedom To Work Act – New Rules Impacting Restrictive Covenants

Non-competes and non-solicits, so-called restrictive covenants, have been at the center of a nationwide discussion for many years. On the one hand, employee-leaning constituencies have advocated for substantial restrictions...more

Social Media in the Context of Post-Employment Litigation

At the frontier of post-employment litigation is the issue of how to address social media contacts and communications. To date, while courts in other jurisdictions, such as California and Colorado, have passed on such...more

When Is Confidential Really Confidential?

A business’ confidential information is its life-blood. It is often the ingredients for a competitive economic advantage. But, if a business does not take steps to protect against use and dissemination of such information,...more

The Courts Continue to Debate Restrictive Covenant Enforcement in Illinois

Courts in Illinois are in the midst of a significant legal debate relative to whether a post-employment restrictive covenant involving an at-will employee can be enforced if the employee has less than two years of continued...more

Five Steps To Mitigate The Expense And Risk Associated With E-Discovery

In 2006, the Federal Courts implemented the amended Code of Civil Procedure (the “amended Code”), which explicitly addressed electronically stored information (“ESI”) and instructed litigants that ESI must be preserved and...more

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