After a corporation attempted to designate its principal agent the right to file an answer to a complaint pro se, the trial court found that the corporation had not properly appeared before the court and awarded a default judgment to the plaintiff. The corporation attempted to have the default judgment…
Chicago Business Litigation Lawyer Blog
Seventh Circuit Holds Alleged Violations of the Illinois Biometric Information Privacy Act Confer Article III Standing
Recently, the U.S. Seventh Circuit Court of Appeals held that a putative class action lawsuit alleging a technical violation of the Illinois Biometric Information Privacy Act (BIPA) was sufficient to establish the Article III standing required in order to proceed in federal court, reversing the District Court’s dismissal of the…
Bill Murray Faces Copyright Lawsuit from Doobie Brothers
Every time you hear a famous song playing in a commercial, it’s because the producers paid for the right to use that song in their commercial … or at least they were supposed to. According to a recent copyright lawsuit the Doobie Brothers filed against Bill Murray, the famous actor…
Corporation Not Entitled to Discovery Assistance for Private Foreign Arbitration
Two corporations agreed to arbitrate a dispute in front of a foreign arbitration panel in Birmingham, England, under the terms of their agreement. After they agreed to arbitrate, one of the parties filed an ex parte application to a U.S. district court asking the court to issue a subpoena compelling…
Recent Opinion Highlights Strategy for Shareholders Opposing Corporate Action: Invalidity
In a recent opinion, the Delaware Court of Chancery considered a summary judgment motion in an action by Applied Energetics, Inc. against George Farley, who at the time of the challenged actions was the sole member of the company’s board of directors and compensation committee as well as an officer.…
New York Court Rules that Insulting Online Review is Not Defamatory
Freedom of speech and defamation law are sometimes in tension with each other. Freedom of speech holds that people should be free to say what they want without fear of reprisal. Defamation law holds that people can be held liable and forced to pay for harm caused by false statements…
The Downside of Going into the Family Business: When Family Problems Become Business Problems
Leprino Foods Co. is the largest manufacturer of mozzarella cheese in the world and is solely responsible for making all the mozzarella that goes on top of Domino’s, Papa John’s, and Pizza Hut’s pizzas. It’s worth billions of dollars, but it’s also a family business. It was founded in Denver,…
Company Owed $92 Million in Taxes After Making Bad Loans to Founder’s Son and Attempting to Write them Off
A business made loans to the son of its founder and never required the loans to be repaid. The business later attempted to write off the loans as bad debts or as ordinary and necessary business expenses. The IRS pursued the business, seeking $92 million in back taxes. The company…
Appellate Court Tosses Share Valuation Utilizing Marketability and Control Discounts in Forced Minority-to-Majority Sale
Business partnerships sometimes come to an end. As we have written about previously, it is important going into a partnership to have an agreed-upon exit strategy in place. However, as a recent decision from an Indiana appeals court highlights, it is important for business partners to not only include exit…
Illinois GOP Sues Governor Over Covid-19 Restrictions and Loses
After the governor of Illinois issued an executive order banning gatherings greater than 50 people due to the SARS-CoV-2 pandemic, the Illinois Republican Party sued. The state GOP alleged that the order’s carve out for religious services violated the Free Exercise Clause of the First Amendment because it privileged religious…