Business Disputes

Estate Battles Turns on the Meaning of the Phrase “Survivors” — Chicago Contested Probate Estate Lawyers — Chicago Will Contest Attorney

May 7, 2016 | Peter S. Lubin and James V. DiTommaso

An interesting recent Illinois appellate court decision from the First District addressed who may inherit from a testator’s estate when one of the named beneficiaries dies before the testator, with the outcome turning on the meaning of “survivors” as written in the will. Albert Lello, who passed away in 2012, drafted a will leaving his entire $8.2 million estate to his wife and two sisters “in equal shares, or to the survivor or survivors of them.” One sister, Virginia H., predeceased him by seven months. Her four children argued that “survivors” referred to them as the survivors, or heirs, of one of Albert’s named beneficiaries, and they should inherit what would have been her one-third share. The Cook County probate court and First District appellate court disagreed, siding with the two surviving beneficiaries, Albert’s widow and sister Rita S., who argued that the will unambiguously created a class gift that could only be inherited by surviving members of that class.

In 2013, Virginia’s children filed a petition for construction of the will, alleging that Albert would have intended them to inherit Virginia’s share because of the close relationship they shared with him and the fact that he had no children of his own, and that ambiguity in the will as to the “survivors” language should be construed in their favor under state laws of intestate succession. After further motions by both sides, the probate court entered an order finding the will unambiguous as a matter of law. Continue reading ›

Square Donut Fight Ends up in Court

April 8, 2016 | Peter S. Lubin and James V. DiTommaso

Ask almost anyone what a donut is and they’ll most likely describe it as a round pastry that’s fried and then usually glazed with sugar and sometimes various toppings, such as frosting and/or sprinkles. The definition usually consists of a hole in the center, unless the pastry is filled, but two bakeries have started making square donuts and are now fighting over the name “Square Donuts.”

A bakery in Terre Haute, Indiana (called “Square Donuts”) has been making donuts in a box-like form since the 1960s. When Family Express, a convenience store based out of Valparaiso, Indiana, started making their own square donuts in 2005, the Square Donuts sent a cease and desist letter, saying the name “square donuts” was proprietary.

Family Express responded that they did not think their use of the term “square donuts” constituted infringement. They didn’t hear back from Square Donuts so they continued making their box-like pastries. Family Express markets these oddly-shaped donuts on their website as one of their main offerings, saying they’re made every day before being delivered to all their outlets. They even posted a video that shows how the donuts are made, including a machine that cuts the pastries into squares.

The company talks up its oddly-shaped donuts as a unique attraction, despite the fact it has turned out that the shape of their donuts is not so unique after all. In fact, Family Express was about forty years behind another the Terre Haute-based bakery in making and marketing donuts in a new shape. Far from being the first to think of this, Family Express isn’t even the first in the state to make and advertise square donuts, much less the first in the country. Continue reading ›

Scalia’s Death Changes Corporate Responses To Lawsuits

March 30, 2016 | Peter S. Lubin and James V. DiTommaso

The following lists some of the key factors to consider as you face business dispute or shareholder dispute litigation:

• Business Litigation Goals. It is important to consider what you hope to accomplish through business dispute litigation. It is important to consider the ideal end result as you evaluate your options and litigation strategies. Unfortunately, the ideal end results often gets lost in the highly-charged emotions of litigation so it is important to set out your litigation goals at the outset and remind yourself of your optimal resolution through the partnership litigation process. Understanding your goals will also help you evaluate potential settlement offers.

• Litigation Strategy. It is important to know where you want to go so that you can then develop a litigation strategy, a legal map of sorts, on how you plan to reach your end goal. A business litigation strategy should be developed in close collaboration with your business litigation lawyer. At DiTommaso Lubin, our knowledgeable Illinois business lawsuit attorneys can help you analyze complex legal issues, such as potential violations of fiduciary duties, alleged breach of contracts, available accounting information, and civil procedure requirements, in order to develop the appropriate business litigation game plan.

Owners of Tony Luke’s Head to Court in Family Business Dispute

March 18, 2016 | Peter S. Lubin and James V. DiTommaso

Franchises can be a great opportunity for a business to branch out and expand while limiting their risks, but only if the contract is fair to both parties. Any time anyone signs a contract, they should read it carefully and have a qualified attorney look it over or they could find themselves bound to abide by terms they never meant to agree to.

Contracts exist in order to hold both parties accountable and make sure everyone does what they said they would do. They also provide guidelines for how to break up the business in the event one or more parties want to leave.

When going into business with family, it can be tempting to trust that they’ll do what they say they’ll do, but that’s actually a really bad idea. Business disputes and familial disputes can get very messy and even more so when they’re combined, as in the recent dispute over the cheesesteak restaurant, Tony Luke’s.

Anthony “Tony Luke” Lucidonio Sr. founded the restaurant in 1992 in Philadelphia and has since opened several more locations. In 2007, his son, Anthony “Tony” Lucidonio Jr., recommended his father and brother, Nicholas Lucidonio, become franchisors with Tony Jr. as the franchisee. The agreement allowed Tony Jr. to use the Tony Luke name in exchange for franchise fees and 15% royalties. Continue reading ›

DiTommaso Lubin Attorneys Named Among Top litigators in Illinois in the Areas of Business and Class Action law

March 15, 2016 | Peter S. Lubin and James V. DiTommaso

Peter S. Lubin, Patrick D. Austermuehle, and Andrew C. Murphy recognized by Illinois Super Lawyers

Peter S. Lubin have been selected as 2016 Illinois Super Lawyers in the areas of Business Litigation and Class Action Law. No more than 5% of attorneys in Illinois receive this honor each year. This marks the sixth straight year both co-founders of DiTommaso Lubin have been selected for this honor.

Two additional DiTommaso Lubin attorneys, Patrick D. Austermuehle and Andrew C. Murphy, have been selected as Illinois Rising Stars for the second straight year in the areas of Business Litigation and Class Action Law. Rising Stars are selected from attorneys under the age of 40 who have been practicing for less than 10 years. No more than 2.5% of Illinois attorneys are selected by the research team at Super Lawyers to receive his honor each year.

Illinois Partnership Dispute Law — Our Chicago Business Dispute Attorneys Represent Partners and Shareholders in Business Lawsuits

March 1, 2016 | Peter S. Lubin and James V. DiTommaso

Our business litigation firm has handled Illinois partnership disputes for many years. We have handled partnership disputes in a wide variety of different contexts from lawyer and doctor disputes to disputes by real-estate development partners.

We have handled TRO’s and preliminary injunction matters and dissolution of partnerships that have lasted over two decades.

Parlux Sues Jay Z for Breach of Partnership Agreement

February 12, 2016 | Peter S. Lubin and James V. DiTommaso

It is common for public figures to put their name on various products, even when they’re seemingly unrelated to that person’s career. Just seeing a celebrity’s name, face, or logo on a product is frequently enough to tempt people into making a purchase, but that alone is not always enough.

When celebrities put their name on a product, it’s usually in their best interest to help promote that product. Seeing a celebrity’s face or name on a product is one thing, but hearing that celebrity talk about that product is another. In return for using their name and likeness and/or their promotional efforts, celebrities with their own product lines usually receive a cut of the profits from that product.

Jay Z, whose real name is Shawn Carter, partnered up with Parlux Fragrances in 2013, to create Gold Jay Z, a signature fragrance line. The product was projected to do $50 million in sales, and in return for his participation in the deal, Jay Z received $2 million in royalties and 300,000 shares in Perfumanisa, the parent company of Parlux Fragrances. Continue reading ›

Illinois Ranked Near the Bottom for Business Litigation — Our Chicago Business Trial Lawyers and Attorneys Help Closely Held Businesses Navigate the Tricky Waters of Illinois Business Litigation

October 22, 2015 | Peter S. Lubin and James V. DiTommaso

Companies doing business in America are influenced by multiple factors. Not only do they need to keep track of the federal and local laws that vary between states and even cities, but court systems in different locations treat businesses differently.

Every year, the Lawsuit Climate Survey is used to rank states on how fair they are to businesses that get sued. This year, the survey was conducted by Harris, a polling firm, on behalf of the U.S. Chamber’s Institute for Legal Reform.

In 2010, Illinois was ranked 45th, out of all 50 states and it’s only gotten worse since then. In 2012, the last time the survey was conducted, Illinois ranked 46th. Now the most recent poll has put us in 48th place, ahead of only Louisiana and West Virginia. Continue reading ›

Physician Contracting 101, Non-Compete and Termination Provisions — Our Chicago Attorneys Represent Doctors With Regard to Termination and Non-Compete Provisions

August 29, 2015 | Peter S. Lubin and James V. DiTommaso

Our Chicago non-compete agreement lawyers have defended physicians, doctors and high level executives in covenant not to compete and trade secret lawsuits. A case in which our firm defended a former Motorola executive was covered in Crain’s Chicago business. You can view that article by clicking here. We have also successfully assisted physicians in escaping non-compete clauses and recovering hundreds of thousands of dollars in damages for unpaid income arising from wrongful termination or failure to honor payment agreements.

DiTommaso Lubin a firm of Chicago business dispute lawyers handles litigation over non-compete clauses for individuals and businesses of all sizes, including small or closely held businesses for whom competition from an ex-employee can be a serious threat. Our Chicago business lawyers with offices near Naperville, Oak Brook and Chicago have substantial experience in restrictive covenant and breach of contract cases, and we are proud of our record of strong results.

What Types of Lawsuits Require a Certified Fraud Examiner — Our Chicago Fraud Prevention Attorneys Regularly Work With Certified Fraud Examiners

August 27, 2015 | Peter S. Lubin and James V. DiTommaso

DiTommaso Lubin’s Chicago business trial attorneys have more than two and half decades of experience helping small business clients on unraveling complex business fraud and breach of fiduciary duty cases. We work with skilled forensic accountants and certified fraud examiners to help recover monies missappropriated from our clients. Our Chicago and Oak Brook based business, commercial, and class-action litigation attorneys and lawyers represent individuals, family businesses and enterprises of all sizes in a variety of legal disputes, including disputes among partners and shareholders as well as lawsuits between businesses and and consumer rights, auto fraud, and wage claim individual and class action cases. In every case, our goal is to resolve disputes as quickly and sucessfully as possible, helping business clients protect their investments and get back to business as usual. From offices in Oak Brook, near Schaumburg, and Aurora, we serve clients throughout Illinois and the Midwest.

If you’re facing a business or class-action lawsuit, or the possibility of one, and you’d like to discuss how the experienced Illinois business dispute attorneys and lawyers at DiTommaso Lubin can help, we would like to hear from you. To set up a consultation with one of our Lake Forest and Kenilworth business law attorneys and class action and consumer trial lawyers, please call us toll-free at 630-333-0333 or contact us through the Internet.