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Illinois Supreme Court Reinforces “Legitimate Business Interest” Test; Reverses Sunbelt v. Ehlers

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The Illinois Supreme Court recently issued an opinion that sets the record straight regarding the application of the “legitimate business interest” test to employment-related restrictive covenants.

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Two Years of Continued Employment Required for Adequate Consideration

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The Illinois Appellate Court, Fifth District, in Diederich Insurance Co., v. Smith, recently came closer than any other Illinois court in the past at setting a bright line rule regarding what constitutes adequate consideration with respect to a restrictive covenant.

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When Is Maintenance of a Stable Workforce a Legitimate and Protectable Business Interest?

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A recent Illinois district court decision examined whether the maintenance of a stable workforce is a legitimate business interest such that a restrictive covenant is deemed reasonable and necessary.

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Judge Allows Arbitrators to Issue Discovery Subpoenas to Third Parties—With Caveat

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A U.S. district court judge in Illinois recently ruled that the Federal Arbitration Act allow arbitrators to compel testimony and document production from third parties before the final hearing on the merits—i.e., for discovery purposes. 

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E-Discovery Landscape Changes Once Again

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This issue of our periodic newsletter discusses a New York district court decision that affirms failure to preserve evidence is not without serious consequences and can result in sanctions imposed by the court.

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FINRA Jumps on the Regulation S-P Bandwagon

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This issue of our periodic newsletter discusses a recent enforcement action by the Financial Industry Regulatory Authority (FINRA), which demonstrates FINRA’s commitment to continue to vigorously enforce its provisions, including consumer privacy regulations, such as Regulation S-P.

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Illinois Appellate Court Rejects the “Legitimate Business Interest” Test

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This issue of our periodic newsletter discusses an Illinois appellate court decision that appears to erase the "legitimate business interest" test, which had once been thought of as a prerequisite for a preliminary injunction enforcing a restrictive covenant in an employment agreement.

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Resources

Illinois Supreme Court Reinforces “Legitimate Business Interest” Test; Reverses Sunbelt v. Ehlers

The Illinois Supreme Court recently issued an opinion that sets the record ... [ More ]

Two Years of Continued Employment Required for Adequate Consideration

The Illinois Appellate Court, Fifth District, in Diederich Insurance Co., v. Smith, ... [ More ]

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