Downers Grove Non-Profit Attorneys & Lawyers

Key Takeaways:

• Tortious interference occurs when a third party intentionally disrupts a contractual or business relationship, leading to economic harm.
• There are two types: tortious interference with a contract and tortious interference with a business relationship.
• Essential elements of a claim include a valid contract or relationship, knowledge by the defendant, intent to interfere, actual interference, inappropriate conduct, and damages.
• Defenses to tortious interferen

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Key Takeaways

• The Family and Medical Leave Act (FMLA) entitles eligible employees to up to 12 weeks of unpaid, job-protected leave for qualifying family or medical reasons.
• FMLA covers situations such as childbirth, adoption, foster care placement, serious health conditions, and certain military-related events.
• Eligibility depends on the employer size (50+ employees), employee tenure (12 months), and hours worked (1,250 in the prior year).
• Employees must provide advance notice and documentation for foreseeable leaves, and employers must maintain health benefits during leave.
• States may have stricter or paid-leave versions of FMLA, offering greater protection to workers

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Key Takeaways

• Clickwrap agreements are legally binding when users actively consent by clicking “I agree” or similar buttons.
• Courts uphold clickwrap more consistently than browsewrap, which only implies consent through site use.
• Design and placement—including visibility, readability, and acknowledgment—are crucial to enforceability.
• Laws such as the UETA and E-SIGN Act establish the validity of electronic signatures in clickwrap contracts.
• Businesses should clearly disclose terms, provide an opportunity for review, and maintain digital records of consent.
• Courts reject clickwraps with hidden, ambiguous, or

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Key Takeaways

• Representations are statements of fact made before or during a contract's formation to induce another party to enter into the agreement. False representations can lead to misrepresentation claims and potentially rescind the contract.
• Warranties are promises made within a contract that certain facts or conditions are true. Breaching a warranty usually results in a breach of contract claim, but it doesn't necessarily terminate the contract unless it's a condition.
• Legal Implications: The breach of a representation can result in rescission or damages, while breaching a warranty typically leads to a claim for damages.
• Distinction Between Warranties and Representations: Understanding the differences is crucial for effective contract drafting and risk allocation. Misclassifying these terms can lead to significant legal consequences.

What are Representations and Warranties?

Representations and warranties in busines

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