The Business Litigators
The Business Litigators
The Business Litigators
The Business Litigators
Patrick Austermuehle and Andrew Murphy were selected by Super Lawyers as Rising Stars
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What’s in a name? While some claim it’s nothing more than a word (or combination of words), some people work really hard to maintain their good name. So when something comes along that might threaten that good name, they’ll do whatever it takes to put a stop to the potential harm before it gets out of hand.

Christopher Bray said he was aware of Ariel Investments at the time he created his own firm, Ariel Capital, in early 2014. But Bray claims Ariel Investments had nothing to do with the naming of his own company. Instead, he claims he drew his inspiration for his company’s name from the Bible and his daughter, who is also named Ariel.

Although a federal judge found Bray’s reasoning credible, he said it didn’t change the fact that the name of Bray’s company could cause confusion for consumers, especially given the fact that both firms are operating in the same industry. Continue reading

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Our Chicago non-compete agreement attorneys have defended 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.

DiTommaso Lubin Austermuehle 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 Oak Lawn, Arlington Heights, 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. We have successfully represented a number of doctors in non-compete, partnership and other business disputes.  We understand the complexities of physician partnership and non-compete agreements.

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Although our laws are meant to protect everyone, regardless of income or social status, the fact remains that filing or defending oneself from a lawsuit costs money and hiring competent attorneys costs even more money. Many people simply don’t have the funds to pursue a dispute in court, and too often, large corporations, flush with assets and a dedicated legal team, are all too aware of that fact and they take advantage of it.

When someone files a lawsuit against a person or entity with the goal of silencing the defending party, it’s known as a strategic lawsuit against public participation (SLAPP). Because SLAPPs tend to be aimed at those with fewer resources, corporations generally count on the defendant giving up the case and/or settling outside of court. But if a defendant decides to continue with the lawsuit, the plaintiff could be the one made to pay up in court.

Legislators know SLAPPs are unfair and harmful to our democracy, which is why many states have anti-SLAPP laws that punish people and organizations for filing a lawsuit purely with the intention of shutting someone up. Continue reading

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Super Lawyers named Illinois partner dispute attorneys Peter Lubin, Vincent DiTommaso and Patrick Austermuehle Super Lawyers or Rising Stars in the Categories of Class Action, Business Litigation and Consumer Rights Litigation. DiTommaso Lubin Austermuehle’s Illinois business trial lawyers have over a quarter of century of experience in litigating complex class action, copyright, non-compete agreement, trademark and libel suits, consumer rights and many different types of business and commercial litigation disputes including lawsuits between businesses or between shareholders and owners of the same business.  Our Chicago and Naperville partnership dispute lawyers handle emergency business law suits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, LLC members, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud. You can contact us by calling (630) 333-0000 or our toll free number (877) 990-4990.  You can also contact us online here.

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There’s no doubt that self-driving cars will be the next big thing in the automobile industry, which is why Google got so upset when a former employee allegedly took trade secrets regarding their self-driving technology to a competitor.

Anthony Levandowski claims he has been working on technology for driverless automobiles since he was in college. He entered a self-driving motorcycle into the Pentagon’s first competition for driverless vehicles in 2004, when he was still a graduate student at the University of California in Berkeley.

In 2007, Levandowski started working for Google on their maps program. When Google gave the go-ahead to start experimenting with self-driving automobiles, Levandowski was one of the first people chosen for the team.

Levandowski left Google early in 2016 to start his own business, a driverless truck company named Otto. That company was bought by Uber, at which point Levandowski became the vice president in charge of Uber’s driverless vehicle project. Continue reading

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Super Lawyers named Illinois commercial law trial attorneys Peter Lubin and Vincent DiTommaso Super Lawyers in the Categories of Class Action, Business Litigation and Consumer Rights Litigation. DiTommaso Lubin Austermuehle’s Illinois business trial lawyers have over a quarter of century of experience in litigating complex class action, copyright, non-compete agreement, trademark and libel suits, consumer rights and many different types of business and commercial litigation disputes.  Our Elmhurst and Naperville business dispute lawyers, civil litigation lawyers and copyright attorneys handle emergency business law suits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud. You can contact us by calling (630) 333-0000 or our toll free number (877) 990-4990.  You can also contact us online here.

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A recent shareholder suit challenging the sale of a Chicago-based company to IBM was dismissed by a Delaware chancery court because the merger was supported by an informed and uncoerced vote of 80% of stockholders. When IBM acquired healthcare software developer Merge Healthcare, Inc., in 2015 for $1 billion, a group of Merge stockholders brought a class action complaint against Merge for what they charged was an improper sale process. The plaintiffs alleged the directors breached their fiduciary duties of loyalty and care due to self-interest in the transaction. (In Re Merge Healthcare Inc. Stockholder Litigation, Consol. C.A. No. 11388-VCG, Del. Chancery Court, 2017.)

The class action sought damages resulting from IBM’s acquisition of Merge’s publicly owned shares, which was supported by nearly 80% of Merge stockholders. On August 6, 2015, Merge’s board entered into an agreement granting the company’s common stockholders $7.13 in cash for each of their shares, a 31.8% premium to the market price. Preferred stockholders received $1,500 cash per share. The merger was completed on October 13, 2015, at an approximate value of $1 billion.

As part of the merger, certain Merge managers, including one of the defendant board members, entered into employment or transition arrangements with IBM. Continue reading

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Under a federal law that requires employers to inform job applicants that they may obtain their credit reports as part of the application process, an employer cannot make applicants sign a release from liability before procuring the report. (Sarmad Syed v. M-I, LLC, No. 14-17186 (9th Cir. 2017).  In a case of first impression in the federal circuit, the Ninth Circuit Court of Appeals held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant’s consumer report after including a liability waiver in the same document as the disclosure to the applicant.

In amending FCRA in 1996 to require employer disclosure, “Congress was specifically concerned that … employers were obtaining and using consumer reports in a manner that violated job applicants’ privacy rights,” the panel wrote, especially in light of inaccurate information often contained in reports.  The law requires an employer to disclose that it may obtain an applicant’s credit report and enables the applicant to withhold authorization, or to warn the employer that the report might contain errors. Continue reading

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They say imitation is the highest form of flattery, but Louis Vuitton doesn’t seem to think so.

The luxury brand has filed numerous trademark infringement lawsuits against small companies that parody the designer bags in some way. The lawsuits have been so far fetched as to have been called “bullying” and one judge even laughed out loud at some of the claims Louis Vuitton was making.

The latest such lawsuit to gain media attention was filed against a small company called My Other Bag that made inexpensive, canvas bags with “My Other Bag” printed on one side and a parody of a well-known luxury bag printed on the other side. In the case of Louis Vuitton, the print evoked the famous Vuitton bag design, but the LV emblem was replaced by MOB. My Other Bag also sells canvas bags that include parody prints of other luxury bags, but Louis Vuitton was the only one to file a lawsuit.

Trademark infringements like this one are generally considered to be a bullying tactic because they involve a giant company filing a practically baseless lawsuit against a much smaller company that’s not even operating in the same market. While the canvas bags have been promoted as great for things like carrying groceries and going to the beach, true Louis Vuitton bags are more likely to be used by women carrying around their personal effects to high-end shops, restaurants, and entertainment venues. They’re the kinds of bags to be shown off, whereas the canvas bags are clearly meant to be fun and practical and used in more casual settings. Continue reading

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Our Chicago non-compete agreement attorneys have defended 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.

DiTommaso Lubin Austermuehle 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 Park Ridge and Mt. Prospect and Chicago have substantial experience in restrictive covenant and breach of contract cases, and we are proud of our record of strong results. We have successfully represented a number of doctors in non-compete, partnership and other business disputes.  We understand the complexities of physician partnership and non-compete agreements.