Non-party response to subpoena for protected health information
By R. Stephen Scott
Corporate Law Departments,
February 2019
If you represent, or you are a covered entity under the Health Insurance Portability and Accountability Act of 1996, you may find a party to litigation issues a subpoena for protected health information from your non-party client and wonder whether your client has any duty to respond.
Mortgagees beware: Rents and profits rule
By R. Stephen Scott
Commercial Banking, Collections, and Bankruptcy,
February 2016
With defaults continuing on commercial property mortgage notes in many sectors of the United States, it is worth reminding mortgagees and loan servicers that the “Rents and Profits Rule” (the “Rule”) continues in effect in Illinois.
Mortgagees beware: Rents and profits rule
By R. Stephen Scott
Corporate Law Departments,
December 2015
With defaults continuing on commercial property mortgage notes in many sectors of the United States, it is worth reminding mortgagees and loan servicers that the “Rents and Profits Rule” continues in effect in Illinois.
Maintain ethical corporate governance during the economic downturn
By R. Stephen Scott
Corporate Law Departments,
January 2009
The current economic downturn poses many new challenges to corporations. Failure to maintain ethical corporate governance, to save costs or to avoid delayed actions, may only complicate or derail the corporate objectives, as the automakers and Bank of America have learned. Failure to meet important stakeholder expectations will surely lead to loss of the public’s support, while exceeding those expectations should lead to greater support and achievement of the corporate objectives.
Departing officers’ and employees’ fiduciary duties
By R. Stephen Scott & Randy S. Paswater
Corporate Law Departments,
July 2007
Many companies, large and small, face the challenge of preserving their business clients and continuing their operations after key officers have given notice of their intended separation or other termination from the business.
Controlling persons’ qualified privilege to influence corporate actions
By R. Stephen Scott & Mark D. Thielen
Corporate Law Departments,
November 2004
In its recently published opinion in IOS Capital, Inc. v. Phoenix Printing, Inc., d/b/a Colortech Printing, et al.,1 ("IOS" hereafter), the Fourth District Appellate Court of Illinois reaffirmed Illinois' common law rule allowing a controlling shareholder/director the qualified privilege to influence corporate actions.
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