In a complicated trade secret misappropriation case involving an evolving cast of characters, United States First Circuit Court of Appeals affirmed the dismissal of trade secret misappropriation claims between former drug development partners. However, the First Circuit found that the district court abused its discretion by denying the plaintiff’s motion…
Chicago Business Litigation Lawyer Blog
Illinois Appellate Court Revives Company’s Defamation suit against Competitor
The First District Illinois Appellate Court recently overturned a Cook County Circuit Court’s dismissal of a company’s defamation suit against a competitor. In its ruling, the Court held that a Chicago shipping company can claim it was defamed by emails sent to its management disparaging the company. Having cleared the…
Spotting the Red Flags of Trusts and Estates Fraud
Executors and trustees have a large amount of responsibility with respect to the assets they manage and to the beneficiaries for whose benefit they manage such assets. However, with a high degree of responsibility comes a high degree of accountability. That accountability comes in the form of the fiduciary duties…
Buyout Rights of Oppressed Minority Shareholders or LLC Members
When starting a business, co-owners envision the best—working together productively and profitably. But it is all too common for business partners to encounter a serious impasse over how to operate the business. When partners are unable to work through a dispute, it may be time for one partner to exit…
Gerber Asks Chicago Federal Judge to Dismiss Class Action Lawsuit over Toddler Formula
Facing a recently filed putative class action lawsuit over the labeling and marketing of its toddler formula, baby formula manufacturer Gerber has asked a federal judge in Chicago to dismiss the suit arguing that reasonable parents buying its toddler formula couldn’t possibly be misled by the claims on its Good…
Court Rules that Client Can Sue Lawyers over Punitive Damages Award
In a recent decision, the Illinois Supreme Court held that clients ordered to pay punitive damages can sue their attorneys to recover the money. In doing so the Court considered and rejected arguments that state law and public policy protect lawyers from being subject to punitive damages awards. Midwest Sanitary…
Illinois Appellate Court Finds Defamation Suit Barred as Statements Protected by Privilege
An Illinois appeals court recently found a political candidate in Madison County could not be held liable for defamation for statements in a press release finding that the allegedly defamatory statements were privileged and thus immune from liability. Former Madison County IT director, Rob Dorman and former administrator Doug Hulme…
Changes to Delaware Corporate Law Concerning Officer Liability for Breach of Fiduciary Duties
Earlier this year, the governor of Delaware signed Senate bill 273 which amended various provisions of the Delaware General Corporation Law (GCL). The changes became effective August 1, 2022. Most notable among the changes was the amendment of Section 102(b)(7) of the GCL to allow corporations to exclude or limit…
Seventh Circuit Finds in Favor of Newspaper in Defamation Suit over Article Detailing Trustee’s Breach of Fiduciary Duties
The Seventh Circuit federal appeals court recently determined that a Wisconsin newspaper did not commit defamation when it published a 2018 story concerning a local financial adviser. In affirming the district court’s finding in favor of the newspaper, the Seventh Circuit found that the allegedly defamatory article was largely accurate…
Seventh Circuit Rules in Favor of Investment Firms in Breach of Fiduciary Duty Lawsuit
In a recent decision, the Seventh Circuit federal court of appeals affirmed the dismissal of an action for breach of fiduciary duty brought against two investment firms by a disgruntled customer. In ruling that the District Court properly dismissed the claims, the Court found that the fiduciary duties the investment…