Broad experience. Regional focus.

Belleville 618.234.9800
Edwardsville 618.656.2244

Blog Blog

What Health Standards Can Employers Impose on CDL Drivers Under the Federal Motor Carrier Safety Act?

by Natalie T. Lorenz, Attorney at Law

Federal Law Requires a Medical Examiner’s Certificate

Regulations promulgated under the Federal Motor Carrier Safety Act (“FMCSA”) state that a new CDL applicant who certifies that he/she will operate commercial motor vehicles in non-excepted interstate commerce must provide the State with a medical examiner’s certificate.  Each certificate can be valid for a maximum of two years, although medical examiners may also certify drivers for shorter time periods for various reasons.  In order to maintain a medical certification, the driver must provide the State with each subsequently issued medical examiner’s certificate.

Read more ...

Non-Competition Agreements: What Are They and Are They Enforceable In Illinois?

by Patrick B. Mathis, Shareholder & Amy Randazzo, Law Clerk at Mathis, Marifian and Richter, Ltd. & Student at St. Louis University

A non-competition agreement is basically a contract between two parties where one party agrees not to compete with the other for some period of time.  In an employment relationship, this often means an employee agrees not to work for a competing business for a period of time after employment with an employer. Non-competition agreements help employers protect things like their customer base or confidential information.  However, they can also restrict an employee's ability to find gainful employment. Because of the potential harm to employees, courts tend to look at non-competition agreements skeptically and not all agreements are enforceable.

Read more ...

I Have Signed a Trust. Now What?

by Patrick B. Mathis, Shareholder & Amy Randazzo, Law Clerk at Mathis, Marifian and Richter, Ltd. & Student at St. Louis University

Having a living trust drafted as part of your estate planning can seem challenging enough, but once it is signed, there's still more to do.  A trust is only as effective as the assets that are placed in it. Funding the trust with most, if not all, of your assets allows the trust to be properly administered at your death and avoids the necessity of probate proceedings.  Unfortunately those assets don't just automatically go into your trust upon execution.

Read more ...

Electronic Monitoring of Nursing Home Residence - Change in Illinois Law

by Beth K. Flowers, Shareholder

Effective January 1, 2016, residents of nursing homes and care facilities have the ability to place electronic surveillance equipment in their rooms to monitor activity in their room or apartment.  The Authorized Electronic Monitoring in Long Term Care Facilities Act (“Act”) was enacted by the Illinois legislature on August 21, 2015.

Read more ...

A Review of Director Fiduciary Duties

by Kelli E. Madigan, Shareholder

Quadrant v. Vertin

In Quadrant v. Vertin, a derivative action for breach of fiduciary duty was brought by Quadrant Structured Products Company, a creditor, against the directors of Athilon Capital Corp. (“Company”) and the Company’s controlling shareholder, EBF & Associates. Quadrant also asserted fraudulent transfer claims directly against Company and EBF, as the Company was insolvent at the time actions giving rise to the claims were taken.

Read more ...

facebook icontwitter iconlinked in icon