Articles Posted in Business Disputes

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Although bitcoin’s meteoric rise in price and prominence has some people wondering if it’s a bubble, the Chicago Mercantile Exchange and CBOE Futures Exchange agreed to start trading in the digital currency in December. Just a few months later, the first criminal lawsuit over bitcoin was filed against a Chicago trader.

At 24 years old, Joseph Kim, who was working as an Assistant Trader for a Chicago firm called Consolidated Trading, was accused of stealing $2 million from his employer from September to November of 2017 – right before bitcoin became eligible for trading in the local exchanges. In fact, it may have been the preparation for trading on the exchanges that alerted the firm to Kim’s alleged illegal activity.

According to the complaint, Kim allegedly funneled millions of dollars in the form of bitcoin and Litecoin from the firm’s funds into his possession. He allegedly used the digital currency to cover his personal trading losses, then lied about the funds to cover up his illegal activities. The firm’s management discovered Kim’s alleged misappropriation of their funds and charged him with fraud.

A short hearing was recently held regarding the allegations of stolen digital funds. Kim was charged with wire fraud, but he has not yet entered a plea. His bond was set at $100,000, and if he gets released on bond, he is not allowed to travel outside of northern Illinois, except to Arizona, where he owns a home. The bond deal also prohibits him from communicating with his former co-workers. Kim agreed to all terms of the bond deal and readily surrendered his passport. Continue reading ›

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When the millionaire owner of a thriving business dies without a will, leaving only a wife and a child from a previous marriage to sort out his possessions, chances are things are going to get ugly.

That’s exactly what they did in a recent case before the Illinois First District Appellate Court, which held that a law firm hired to represent the deceased’s widow and the estate also allegedly owed a duty to the estate itself and can be liable to the estate for alleged legal malpractice if the allegations in the malpractice lawsuit pan out.

The estate case was hotly contested and was ultimately settled. Alma and her counsel denied all of the claims and the court made no finding of wrongdoing.

The appellate decision outlines the disputed facts at issue as follows. Scott H. died intestate in 2005, leaving millions of dollars in assets including the then successful Chicago Minibus Travel, Inc., which became the chief source of dispute between his only heirs, his widow Alma and son, Kyle, from a previous marriage. Alma was appointed the Administrator of Scott’s estate and hired the defendant law firm to represent her.

Continue reading ›

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Environmental groups have sued to stop the Bayou Bridge pipeline after it received construction permits and the green light to start. The construction will take a toll on the environment. This has affected local businesses who used to harvest large amounts of crawfish but now the traps yield dead crawfish.

The purpose of the pipeline is to deliver crude oil to a terminal in St. James Parish. The first phase of the project, which consists of a 30-inch pipeline from Nederland to Lake Charles.

The U.S. Army Corporation of Engineer’s decision to issue the permit for construction followed completion of an environmental assessment, review of its compliance with Section 408 of the Clean Water Act and feedback received during a public notice.

Construction must comply with provisions aimed at protecting nesting periods for birds.  Builders of the pipeline also will have to survey the route for the presence of both active and inactive eagle nests.

Engineers had a permit issued in around mid-December and the people in the vicinity of the Atchafalaya Basin know of its uniqueness to the whole world. Part of nature provides subsistence for the Cajun people.  The water quality is substantially affected.

Environmental groups are trying hard to block further construction by requesting the state court to force the company to turn over records to seize private property or obtain easements on property along the pipeline path. Surveillance records from a company have also been requested.  The suit, called a writ of mandamus, was filed against the pipeline and its president, by the New York-based Center for Constitutional Rights on behalf of Atchafalaya Basinkeeper.

Public purpose and the right to the state’s public laws are being asserted and become grounds for being subject to Public Records Law.  The land that was once public will become for private profit usage with no oversight.  The pipeline process could affect health, the natural environment, and people’s livelihoods.  Multiple parties have a stake in this: from small business operators who harvest food, locals and those who profit.

To challenge the making of the pipeline for violations of environmental law is the starting ground for the attack on a corporation that is said to have a history of violations. The plaintiffs claim the permit granted violates the Clean Water Act and Rivers and Harbors Act. Continue reading ›

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Jurisdictional issues can affect any case and are most likely to be more common in America where the variances in counties and states are, perhaps, greater than anywhere else in the world.  Such concerns affect all cases in terms of venue and the ties that parties may have to a certain jurisdiction over another.

The death of Charles Manson has been no exception to challenging jurisdiction.  His recent death has to lead to unexpected claims over his remains and the venue for the matter still needs to be decided.

Shortly after his death, two Wills have resurfaced with each one leaving the estate to a different person.  He died at a hospital in Bakersfield, California but those that wish to claim rights reside in a different jurisdiction.  A judge in Los Angeles considers it to be too early to determine who has the right to the remains and the estate of the cult leader that died in November. He was originally have thought not to have any next of kin and now that people claiming entitlement have surfaced, the decision over his remains and estate should be decided in a separate hearing.  The judge will also decide whether the case should be tried in the county where he lived before the crimes that he was involved in were committed, where he was imprisoned before his death or where he died.  Continue reading ›

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Family disputes can turn nasty, as can business disputes, but there are few things worse than business disputes between family members.

Recently, Robert F. Tigani Jr. and his brother, Chris Tigani, filed a lawsuit against their father, Robert F. Tigani Sr., for allegedly abusing his position as trustee to divert funds and assets away from his children for his own benefit.

Tigani Sr. is a chairman of N.K.S. Distributors, a franchise of Anheuser-Busch for Delaware that was founded in 1960. The lawsuit alleges he took advantage of his position as chairman, and as trustee of an irrevocable trust that was created by his parents (who founded the company) to ensure the company remained in the family.

According to the complaint, when the trust was created in 1986, Tigani Sr. owned 42% of N.K.S. shares and 58% were set aside to benefit Robert Jr., Chris, and their children, with Tigani Sr. appointed trustee. But the lawsuit alleges Tigani Sr. abused his position to issue himself extra shares of the company, giving him a controlling interest in the distribution company. He allegedly concealed the improper issuance of these funds from his sons, and when they suspected him of misconduct, he allegedly refused to show them company records of the transactions. Continue reading ›

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Storms weather and can bring about the best and worst in people.  When damage occurs, the test of resilience, character, friendship and trust are all evaluated.  The process is not any easier when there is an Insurance company that one has to deal with and when there is the lurking possibility that they are handling thousands of claims at the same time.  All damages are subject to scrutiny, including the damage that takes place after storms.  Disputes arise in the context of property damage and to its extent. This firm is willing to assist as an All-American firm working for its citizens.  In the doing of so, we write and will consider assistance via phone if necessary.  Not all are easily able to navigate as emotions such as shock are still being overcome.

The competing interests that an insured and insurer have in the filing of a claim also makes it more painstakingly difficult.  Some perceive the insurance claims process as adversarial.  The insurance representative cannot guide to what is best in representation on the matter. This is since Insurance companies appear to be in a Business.  As such, the expectation to be fairly compensated is questionable.  While many pay on time and premiums it does not mean that what you give is what you will get back.  At times, adjusters may become overwhelmed in working on multiple cases that are catastrophic in nature and make mistakes or overlook damage.   That is why having an attorney best helps.   For those reasons, we have compiled a list of items that should be attended prior to discussing a case with an attorney or Insurance company.

Please ensure compliance with the following:

  1. By making a timely reporting of claim, as a failure to do so may result in its denial. This can normally be done via phone or online.  The claims process normally begins at this point: initial contact with the insurance company, an evaluation of your claim, negotiations, and a resolution/settlement.  At this point, an adjuster is normally assigned.
  2. Documentation of all video and photos of the damage, if possible.  It would even be better if those included prior and after.  Possible electronic receipts of any purchases made.
  1. The obtaining of independent quotes by contractor receipts in putting a price on the extent of the loss.  These may be challenged or questioned by the Insurance company, but are a good start and utilizing them may assist you in deciding whom you wish to use for the final repair.  Sometimes, supplements are required for damage that is hidden.  If disputed, the burden of proof can then move from the insurance company to the insured if the contractor estimate does not reflect the true damage sustained.

Continue reading ›

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The New York Times is reporting that consumers need to beware that flood vehicles will be dumped on the market due to the Hurricanes in Florida and Texas.  The article provides the following guidance on how to avoid purchasing a flood vehicle:

Consumer Reports has suggested tips for identifying cars that may have spent time underwater. A buyer or mechanic should look for these telltale signs:

■ Caked-on mud and a musty odor from the carpets. New carpets in an older vehicle may be another red flag.

■ A visible water line on the lens or reflector of the headlights.

■ Mud or debris trapped in difficult-to-clean places, such as gaps between panels in the trunk and under the hood.

■ Rusty exposed screws under the dashboard. Unpainted metal in flood cars will show signs of rust.

■ Rubber drain plugs under the car and on the bottom of doors that have been removed. That may have been done to drain floodwater.

The full New York Times article can be viewed here.

If you are the victim of purchasing a flooded vehicle, you can contact us and we will pursue litigation to return the vehicle or obtain money damages. Continue reading ›

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Disputes are a normal part of any relationship: be it business, personal or professional.  When business mixes with family, disputes would seem an unavoidable part of the deal.  For such a reason, litigation would be a route that most would want to avoid due to cost, time and the tensions placed on parties involved.  In general, most suits settle prior to trial and a majority of these via mediation.  Judges also recommend that parties settle prior to trial.

As we have discussed on our previous blog posts, Mediation is a way to appoint a neutral third party, often a retired judge or attorney with a vast amount of experience, who will resolve the dispute between both parties utilizing a problem-solving approach.  These sessions are confidential and a way for parties to explore and resolve issues.

For privacy reasons, and for a quicker resolution method, it would appear that such measures are more viable if a dispute was to occur within a family owned business.  Such cases may involve the ownership or management of a family-owned business are at issue, settlement agreements also can include provisions requiring, for example, transfers of shares, changes to corporate governance processes, or changes to a family member’s employment or other involvement with the company. Even if the parties begin to litigate their disputes, but then proceed to mediation, a judge will typically enforce a settlement agreement reached by the parties through mediation. Continue reading ›

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Our credit rating is too important to take any chances on it. All it takes is one bad report to lower your rating, which can then inhibit your ability to obtain a loan and make any large purchases you might need, such as a home or automobile. Unfortunately, such a situation can open opportunities for companies to practically hold consumers’ credit ratings hostage until they pay their bill – even an undated bill to which the customer was never alerted.

That’s what Mandi H. alleges happened after she canceled her account with CenturyLink at the end of 2015 as a result of poor service. At the time, her account showed Century Link owed her $26 and she did not receive any other bills or communication from CenturyLink.

It wasn’t until a few months later that Mandi H.’s credit-reporting services alerted her to the fact that there was a negative report on her credit history from a company called “CenturyTel.” Hanifen did not recognize the name, but she investigated and found it was an older name for CenturyLink. When she confronted CenturyLink, Hanifen alleges they showed her a bill for $127 – the bill contained no date and Mandi H. alleges she had never seen the bill before that time. Nevertheless, CenturyLink allegedly refused remove their negative credit report on her history and continues to demand she pay a bill she insists she never received.

Rather than pay the bill, Mandi H. has opted to sue CenturyLink. She is the lead representative for a proposed class action consumer lawsuit that was recently filed against CenturyLink in Boise, Idaho. The complaint alleges there could be as many as 5 million potential class members, with damages totaling between $600 million and $12 billion. Continue reading ›

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Although most he said/she said cases can be difficult, if not impossible, to prove which side is in the right, when hearing a case against a person for allegedly acting inappropriately, consideration can be given to how strongly the accuser appears to believe what they’re saying, rather than what actually happened.

In the case of the charges David Mueller filed against Taylor Swift, her mother, and one of her managers, Judge William J. Martinez, of the United States District Court in Denver, dismissed the pop star from the complaint.

The allegations involve a meet and greet Swift gave before a concert at the Pepsi Center in Denver, Colorado. Mueller and his girlfriend at the time, Shannon Melcher, posed for a photo with the pop star, at which point Swift claims Mueller put his hand up her dress and onto her bare buttock.

Out of shock and surprise and an unwillingness not to ruin the whole evening for the rest of her fans, Swift did not immediately react. But after her meet and greet was over, she allegedly informed security she had been groped, at which point they escorted Mueller and Melcher out of the building. Continue reading ›

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