Publications

Eric Sparks examines freedom of contract and the rule of law in the jurisprudence of merits-based review of arbitration awards in construction matters.

The U.S. Court of Appeals for the Seventh Circuit (in Chicago) ruled on April 4, 2017, that Title VII of the Civil Rights Act of 1964 – which prohibitsworkplace discrimination based on race, color, religion, sex or national origin – includes discrimination based upon an employee’s sexual orientation.

When preparing for an archeological dig, New Hampshire state archeologist Richard Boisvert once succinctly stated: “If we knew what was there, we wouldn’thave to dig.”

Vanessa Tiradentes, a member of Gould & Ratner’s Litigation Practice, contributed a chapter in the book, Litigating the Business Divorce. Her chapter focused on challenging a stock split in the business divorce context. Among other issues, the chapter discusses various manners and methodsby which a minority owner may challenge a split, as well as the various forms of relief that may be available.

Family-owned companies and other closely held businesses and investment entities would be affected

McDonald’s and the National Labor Relations Board faced off in an administrative court to determine whether the fast-food chain is liable for theactions of its franchisees as a joint employer.

Most construction contracts contain boilerplate Force Majeure or Act of God provisions, but they should clearly identify what those events are, their impacton contract terms and allocate the risks of delay caused by them.

At the start of this year, a new provision of the Illinois Mechanics Lien Act became effective, a major development in the history of Illinois’ MechanicsLien Act that may simplify the sale or refinancing of real estate that would otherwise be encumbered by mechanic’s lien litigation.

Litigation over restrictive covenant agreements, including non-competes, is on the rise. Because such agreements are viewed as restraints on trade, theyare generally disfavored by Illinois courts. In a recent decision, an Illinois appellate court followed suit, striking down as overbroad and unreasonablethe non-compete, non-solicit and confidentiality provisions in an employment agreement.