A company that leased photocopier machines to a printing company prevailed on a motion for summary judgment in a breach of contract claim brought by the business leasing the copy machines. In M&B Graphics, Inc. v. Toshiba Business Solutions (USA), Inc., the U.S. District Court for the Eastern District of…
Chicago Business Litigation Lawyer Blog
Business Planning — Non-Compete Agreements
Non-compete agreements are increasingly more common in today’s competitive business environment. Non-compete agreements, confidentiality and other restrictive covenants are a great tool for protecting trade secrets, customer lists, and other sensitive information, but only if the agreement is enforceable in a court of law. The issue of enforceability of non-compete…
Exposing Madoff’s Ponzi Scheme — Our Chicago Fraud and Whistle Blower Lawyers Help Businesses Who Have Suffered From Fraud Recover Their Losses
https://www.youtube.com/watch?v=4xYkQnCUl5E To learn more about our qui tam, blower, fraud, partnership and business dispute practice click here. DiTommaso Lubin’s Chicago business trial lawyers have more than two and half decades of experience helping business clients on unraveling complex business fraud and breach of fiduciary duty cases. We work with skilled…
Clawing Back Profits From A Ponzi Scheme — What is the Law?
https://www.youtube.com/watch?v=VbW2cj_k_WE To learn more about our qui tam and whistle blower practice click here. DiTommaso Lubin’s Chicago business trial lawyers have more than two and half decades of experience helping business clients on unraveling complex business fraud and breach of fiduciary duty cases. We work with skilled forensic accountants and…
When a Failure to Deny an Allegation Constitutes and Admission – Kule-Rubin v. Bahari Group
A defendant’s failure to deny allegations in a responsive pleading to a complaint can serve as an admission of those allegations. In Kule-Rubin, et al v. Bahari Group, Limited, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion for judgment on the pleadings as…
Supreme Court To Address Standards For Class Certification in Securities Fraud Actions and Whether Plaintiffs Need to Prove “Fraud On The Market” Claim to Certify a Class-Action
The Supreme Court in Amgen, Inc. v. Connecticut Retirement Plans & Trust Funds has recently agreed to decide on whether federal courts in certifying a securities class must decide in order to certify the class whether the fact of damages claims regarding a “fraud on the market” have merit or…
IRS Awards Whistleblower a Record $104 Million
It was announced on September 11, 2012 that the Internal Revenue Service awarded $104 million to whistleblower Bradley C. Birkenfeld for his role in providing information regarding an illegal offshore banking scheme by his employer, UBS. Not only is this the first major award by the IRS since its whistleblower…
SEC’s First Whistleblower Award is for Maximum Amount
The Securities and Exchange Commission announced its first award under the SEC’s Whistleblower Program on August 21, 2012. The whistleblower will receive nearly $50,000, which represents 30 percent of the amount collected thus far in an SEC enforcement action. The SEC Whistleblower Program, which has been in effect for…
New Jersey Court Shoots Down Forum Selection Clause in UPS Franchise Case – The Business Store v. Mail Boxes Etc.
In The Business Store v. Mail Boxes Etc., the District Court for the District of New Jersey considered the effect of a “forum selection clause” in a business dispute between companies from different states, finding that these clauses are not always enforceable. In 2003, Plaintiff The Business Store, Inc., a…
Illinois Court Limits Consumer Fraud Claims in Business Disputes – Classic Business Corporation v. Equilon Enterprises, LLC.
In Classic Business Corporation v. Equilon Enterprises, LLC., the District Court for the Northern District of Illinois explains that while the state’s consumer fraud and deceptive business practice law is an important weapon in combating shady business operations, it is intended to protect private consumers rather than business entities. Plaintiffs,…