LawGram Volume 18, No. 1

Table of Contents

Illinois Appellate Court Recognizes Common Interest Exception to the Waiver of Attorney-Client and Work-Product Privilege

By: Kristen E. O’Neill

Levin Ginsburg is pleased to announce the addition of a new practice group:  Privacy and Data Security.   The group will be chaired by partner, Natalie A. Remien, who has recently been certified by The International Association of Privacy Professionals as a Certified Information Privacy Professional (CIPP).  In addition to intellectual property, Ms. Remien’s practice now includes the ability to assist clients in reducing their legal exposure in the event of a data breach.   Natalie is experienced in reviewing employee policies and handbooks to address privacy issues, and ensuring that clients have carefully drafted their terms of service and privacy policies on their websites in order to avoid FTC violations.  The group also includes Kristen E. O’Neill.  Kristen has considerable experience in preparing and reviewing employee policies and handbooks and assisting clients with minimizing their exposure to liability for privacy and data breaches.

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Is Your Business BIPA Compliant?

 By: Natalie A. Remien

In order to increase productivity and efficiency, businesses are increasingly using biometric data to identify employees, customers and other individuals.  For example, some employers use biometric data to identify their employees and track work hours for purposes of compensation.   Biometric information includes fingerprints, retina scans, facial scans, hand scans, or other identifiers that are biologically unique to a particular person.   While convenient, and seemingly secure, such biometric identification methods raise serious privacy concerns.  The Illinois Biometric Information Privacy Act, 740 ILCS 14, et seq. (“BIPA”), imposes many requirements concerning the collection, use, storage, and destruction of biometric information with which businesses, including employers, must comply, or risk liability.

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How Do You Value a Business for Buy-Sell Purposes

 By: Morris R. Saunders

Owners of closely held businesses should have a buy-sell agreement if there are multiple owners. The buy-sell agreement, often incorporated in a Shareholders Agreement for corporations, Operating Agreements for limited liability companies, and Partnership Agreements for partnerships, should plan for the continuity of the business upon such events as:

– Death or disability of an owner
– Divorce of an owner
– Termination of employment of an owner
– Bankruptcy of an owner
– Owner’s attempt to transfer ownership to third parties

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