LawGram Volume 15, No.3

Table of Contents

The Low-Profit Limited Liability Company: Commercial Capital, Social Benefit

By: Eli Korer

A little known entity available for organization in Illinois is the Low-profit Limited Liability Company (the “L3C”), which has been available for organization since early 2010. The L3C is designed to promote charitable organization by being a hybrid entity that has certain characteristics of “not-for-profit” organizations and “for-profit” enterprises.

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Employment Non-Compete and Non-Solicitation Agreements: Fifield is Still the Law in Illinois – For Now

By: Mitchel Chaban

In 2013, the Illinois Appellate Court held in Fifield v. Premier Dealer Servs., Inc., that under Illinois law the promise of continued employment was insufficient consideration to support an otherwise enforceable non-compete/non-solicitation agreement law unless the at-will employee worked a full two years after entering into the non-compete/non-solicitation agreement.  The holding in Fifield represented a significant change to Illinois law, which many in the legal community criticized and expected the Illinois Supreme Court to reverse.  The Illinois Supreme Court, however, declined to hear the case.

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The Illinois Independent Tax Tribunal: A New Forum to Dispute Certain Tax Protests

By: Dean Tatooles

For years, Illinois taxpayers have been complaining about the Illinois Department of Revenue’s (the “Department”) handling of tax disputes. Complaints ranged from long delays in the Department’s administrative process to taxpayers not feeling like they were properly heard or their disputes fairly considered. Well, the Illinois General Assembly answered taxpayer’s calls in its creation of a new administrative forum, separate and apart from the Department, to handle certain types of tax disputes called the Illinois Independent Tax Tribunal (the “Tribunal”). The Tribunal’s self-proclaimed purpose is, among other things, “to increase public confidence in the fairness of the State tax system.” See 35 ILCS 1010/1-5(a).

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New Cook County Wage Theft Ordinance Applicable to Cook County Employers

By: Kristen O’Neill

As of May 1, 2015, employers in Cook County are subject to the new Cook County Wage Theft Ordinance that imposes harsh penalties on employers who violate federal or state wage laws. The purpose of the Ordinance is to protect employees from wage theft and prohibits companies and individuals found to have violated wage-payment laws from obtaining Cook County procurement contracts, business licenses, or property tax incentives for a period of five years.

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