When a manufacturer announces a new point or a relocation, the first reaction inside most dealerships is frustration. The second is resignation. The factory says the market can support another store. The decision must already be made. There is no point in fighting it. That reaction is exactly what gets…
Chicago Business Litigation Lawyer Blog
Chargeback Letter from the Factory? Illinois Dealers Should Not Treat It Like the Final Word.
The debit memo usually arrives after the money has already been booked. A warranty claim that looked closed suddenly comes back to life. An incentive payment from months ago is now being “reviewed.” The factory’s spreadsheet says the store owes money, so accounting assumes the store owes money. That reaction…
Factory Image Program or Seven-Figure Renovation Demand? Illinois Dealers Should Not Assume They Have to Say Yes
A facility demand from the factory usually arrives dressed up as a business plan. The renderings look polished. The timeline looks urgent. The number looks painful. Sometimes the message is explicit. Rebuild the showroom. Replace the signs. Rework the service drive. Carve out exclusive space. Use our vendor. Do it…
A Judge’s Eye View of Your Case: How James DiTommaso’s Appellate Externship Shapes Business Litigation Strategy
Clients call us when they are in a sticky situation. That is usually not the first time something went wrong. The problem has been building. The partner stopped being transparent. The manager started siphoning business. The competitor started poaching customers. The contract got ignored. Then one day it becomes urgent.…
From the Trial Court to the Illinois Supreme Court: What James DiTommaso Learned Arguing Yakich v. Aulds
Most business owners will never see the inside of an appellate courtroom, and that is a good thing. Appeals are expensive, time consuming, and usually happen after a case has already chewed up months or years. But the mindset of an appellate lawyer, the discipline of precision and the obsession…
Chicago-Kent Built for the Courtroom: Why James DiTommaso Litigates Like Trial Is Tomorrow
A lot of lawyers say they are “trial lawyers.” Then the case gets real. The judge sets deadlines. The other side files a motion that actually matters. A key witness gets cold feet. The documents tell a story your client does not like. That is the moment when you find…
Breaking Up is Hard to Do: Resolving Partner Disputes in Closely Held Dealerships
Most dealership groups are built by partners. One person has the operational instincts, another has the capital, another brings relationships, and the business grows. That partnership model works until it does not. When the relationship fractures, the dealership cannot hit pause. Cars still have to be sold. Service lanes still…
Manufacturer Pushback? How the Illinois Motor Vehicle Franchise Act Protects Your Investment
Dealers invest millions of dollars in facilities, inventory, people, and goodwill. Yet when a manufacturer pushes back on a transfer, a succession plan, or even the renewal of a franchise, it can feel like the factory is the real owner and the dealer is just renting the right to do…
The 5 Critical Clauses Every Illinois Dealer Needs in a Buy Sell Agreement
A dealership sale is not the same thing as selling a dental practice or a trucking company. In most deals, the buyer and seller sign a contract, the lender funds, and the keys change hands. In a franchised dealership deal, the real gatekeeper is the factory. Add floor plan lenders,…
Why Choose DiTommaso Lubin For Your Business Dispute or Fiduciary Breach Case
The Pedigree Gap Why Your Lawyer’s Academic Background Matters in the Courtroom Marketing can be bought, but a University of Chicago Law education is earned. When Peter Lubin steps into a courtroom, he brings a level of sophisticated analysis and peer-recognized skill that reshapes the case. Having been named the…