Recent Blog Posts
Top Contract Disputes in Illinois and How to Avoid Them
Virtually every business transaction has a contract behind it. Even the most carefully written contract can end up in a dispute. These disputes can quickly drain financial resources, damage business and personal reputations, and ultimately end up in court – an expensive, time-consuming process. With the right legal planning, you can reduce your risk of contract disputes while protecting your business.
Ambiguous language or terms are a major cause of contract disputes, causing both sides to interpret the contract differently. Other causes of contract disputes include unforeseen changes in circumstances and economic fluctuations. Contracts drafted by a layperson or those rushed can have overlooked details, which can lead to contract disputes.
Naturally, you want to be certain that your business contracts are as solid as they can be, leaving you with the least amount of legal exposure. Consulting with an experienced Rock Island County, IL business law attorney from SpyratosDavis LLC who understands your company’s needs and goals is your best course of action to avoid contract problems.
Divorce Meets Science: Frozen Embryo Disputes in Family Law
Although divorce is rarely simple or emotionally easy, when assisted reproductive technology is part of the equation, divorce can be even more complex. There have recently been some high-profile disputes over frozen embryos in Illinois. The question of whether to implant the embryos, donate them, or destroy them raises questions about reproductive rights, parenthood, and even property rights. Since Illinois courts do not yet have an absolute rule about frozen embryos during divorce, many couples could find themselves in uncharted waters as fertility issues collide with divorce laws.
One of the most high-profile Illinois cases involving frozen embryos is Szafranski v. Dunston, 2015. A man and woman were dating when the woman was diagnosed with non-Hodgkin’s Lymphoma. Facing infertility from chemotherapy, she asked her boyfriend to donate sperm to create embryos, and he agreed, with both signing an Informed Consent document that said in part, "…no use can be made of these embryos without the consent of both partners." When the two broke up less than a year later, the man sued his ex to prevent her from using the embryos. Despite the signed consent forms, the court ultimately agreed that an oral agreement between the couple superseded the consent document.
Battles Over School Choice After Your Illinois Divorce
For most parents, issues regarding children are just beginning once the allocation of parental responsibilities (750 ILCS 5/602.7) and parenting time has been decided. Parents who may still harbor animosity towards one another must make joint decisions that affect their children, including medical decisions, religious decisions, extracurricular activity decisions, and decisions regarding which school the children will attend. One parent may want the children to attend a private school or a religious school, while another may favor public education.
Even if parents agree on public education, one parent may want to move so the children can be in a "better" school district, while the other may be happy with their current school. These school issues can result in heated debates that may require the court to intervene. Understanding how school choice disagreements are resolved can be facilitated by speaking to an experienced Cook County, IL family law attorney.
Can You Sue for Injuries Caused by a Drone in Illinois?
Drones are becoming increasingly common in Illinois skies. You may see drones being used by companies for deliveries, photography, surveillance, or by hobbyists who fly them for entertainment purposes. Unfortunately, as drone usage increases, so do the risks of accidents and injuries. What happens if a drone crashes into a human or accidentally causes a car accident?
If a drone injures you, can you sue for damages? If so, who do you sue? While drone-related personal injury cases are relatively new, they are governed by specific legal principles. If you have been injured by a drone, consulting with an experienced Rock Island County, IL personal injury lawyer can be a great first step to ensure your rights are fully protected.
How Common Are Drone Injuries?
According to the U.S. Department of Transportation Federal Aviation Administration, the total number of drones registered across the U.S. as of October 2024 was approximately 800,000. These are just those that are registered; not all drones are. Due to their rapid movements, sharp blades, and rotating parts, injuries can occur to anyone in the area.
Facebook and Family Court: Can Social Media Affect Custody?
Perhaps you have your Facebook account set to "private," leaving you confident that only those you allow to see your page can do so. You might need to rethink this assumption if you are in the middle of a custody dispute (known as the "allocation of parental responsibilities" in Illinois). In fact, you should know that social media is increasingly being used as "evidence" in family courts across the country.
Every single thing that you post, share, like, or comment on can come under scrutiny by a judge when parenting time and the allocation of parental responsibilities are being decided. A photo showing late-night "I’m almost single now" partying or an angry rant about your spouse is fair game for your spouse’s attorney.
Even the actual times you log in and the amount of time spent on Facebook can be used to challenge your parenting ability. A Kane County, IL family law attorney can answer your questions and help you understand how social media can hurt you in court.
Defending Against Bad-Faith Claims: Strategies for IL Insurers
Bad-faith insurance claims can expose companies to significant financial liability, as well as reputational damage, particularly in a plaintiff-friendly state like Illinois. When policyholders allege that an insurer wrongfully denied a claim, delayed payment without justification, or failed to conduct a proper investigation, the stakes are high.
Not every dispute, however, amounts to a bad-faith insurance claim. Illinois sets a fairly high standard for proving such claims, and insurance companies have robust legal defenses available. Consulting with a Rock Island County, IL insurance defense attorney can help determine the most effective defense possible, given the specific circumstances.
What is a Bad Faith Insurance Claim in Illinois?
Bad faith, in the context of an insurance claim, usually refers to the dishonest or unfair handling of an insurance claim by the insurer. Bad faith goes beyond negligence or a mistake, involving a failure to act fairly and honestly, and, under 215 ILCS 5/155, can include:
High-Net-Worth Prenuptial Agreements for Business Owners
According to a Harris Poll, 15 percent of American couples who are married or currently engaged have a prenuptial agreement. This is up significantly from just three percent in 2010. High-net-worth marriages, especially those with a business or extensive property, benefit even more from a well-written prenuptial agreement than the "average" couple.
It is possible to protect your company or your real estate without undermining your relationship, but a standard prenuptial agreement may not be sufficient. High-net-worth individuals who own or manage businesses or have real estate holdings worth millions need a prenuptial agreement to do more than simply list and divide the property. These individuals need comprehensive contracts that address income growth, valuation, and potential disputes.
Creating a Parenting Plan That is Appropriate to a Child’s Age
In the state of Illinois, custody and visitation are now known as the allocation of parental responsibilities and parenting time. Regardless of the language, the need for a comprehensive parenting plan remains the same. A parenting plan provides guidelines for each parent’s time with the child after the divorce.
Unfortunately, many parents—and even courts—take a "one size fits all" approach to a parenting plan without considering the child’s age and changing needs. The psychological and emotional developmental stages vastly differ between a two-year-old and a teenager, not to mention the significant differences in time available to spend with each parent.
While babies and toddlers may require frequent parental daytime visits and a consistent schedule, older children require more flexibility in the parenting plan to adapt to school demands and extracurricular activities. If you are going through a divorce and could use some experienced legal assistance with your parenting plan, a Cook County, IL family law attorney can help.
Could I Lose Custody for Briefly Leaving My 10-Year-Old Alone?
Perhaps you and your ex have resolved the majority of parenting issues during and after your divorce. You are the parent with primary parental responsibilities, while your ex has parenting time every other weekend and on alternating holidays. On a Friday afternoon, your elderly mother, who lives only a couple of blocks away, calls you in a panic because she cannot find her prescription medications.
You are expecting your ex-spouse to pick up your ten-year-old son in about an hour. Since your son is currently doing his homework and getting ready for the weekend with his dad, you decide you will just run to your mother’s home to help her find her medication and be back before your ex-spouse arrives. Unfortunately, this is the day he arrives early to find your son alone in the house.
Although you try to explain the situation when you return, he is angry and threatening to take you back to court and show that you are an unfit parent. This is a situation that requires the experience of a Will County, IL family law attorney who can ensure your case is effectively presented to the Judge.
Pros and Cons of a Postnuptial Agreement
We tend to hear more about prenuptial agreements than postnuptial agreements, but they are both legal, binding contracts that are intended to protect the financial interests of both spouses in the event of a divorce, separation, or death. Both agreements can help set expectations as well as prevent disputes regarding assets between spouses. A postnuptial agreement can cover how marital assets will be divided, whether ongoing financial support will be given to one spouse from the other, which debts each spouse will be responsible for, and other similar issues.
Postnuptial agreements have gained traction in recent years, largely because they are often more practical than prenuptial agreements, which are typically entered into in the early stages of a relationship when both parties are still starry-eyed in love. A prenuptial agreement, if not updated frequently, may not fully cover the changes that have occurred in a couple’s lives, careers, and financial assets and obligations. A postnuptial agreement is usually entered into months or even years after a couple marries.




