Chicago Business Litigation Lawyer Blog

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By: Lubin Austermuehle, P.C.

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Patrick Austermuehle
Peter S. Lubin

Latest from Chicago Business Litigation Lawyer Blog

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This month the Copyright Alternative in Small-Claims Enforcement Act of 2019 (“CASE Act”) was introduced in the Senate (S. 1273) by a number of Senators including Dick Durbin of Illinois and in the House (H.R. 2426) by Representatives Hakeem Jeffries and Doug Collins. The CASE Act seeks to provide individual creators and small businesses, who create the vast majority of creative works but are the least able to afford costly intellectual…
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A small producer of musical instruments sued Guitar Center, alleging that Guitar Center violated its trademark on the name for a line of woodwind instruments. The plaintiff made a mistake in its suit, however, and named several subsidiary corporations of Guitar Center as additional defendants. After a trial, a jury was asked to determine whether each of the organizations were liable for infringing conduct. The jury, however, found that only the sales that occurred at…
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Recently, a unanimous U.S. Third Circuit appellate court upheld payroll company Automatic Data Processing’s (“ADP”) non-compete agreements but remanded the case to the district court for tailoring. The federal appeals court reversed a decision by the district court which had found the covenants not to compete to be unenforceable. In reversing the lower court, the Third Circuit found that the non-compete agreements were necessary to protect ADP’s client relationships and goodwill, interests that New Jersey…
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A class action lawsuit recently filed in a federal court in Washington accuses Getty Images, Inc. (“Getty”) of allegedly duping customers into paying for fictitious copyright licenses for images in the public domain that can be used freely. The plaintiff in the case, Texas digital marketing company CixxFive Concepts LLC, claims that it was one of the victim’s of Getty’s wrongful conduct and alleges that Getty’s actions violated the RICO Act and state consumer protection…
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No withstanding allegations of majority shareholder oppression, the Seventh Circuit rejected those arguments paying deference to the business judgment rule because of the Indiana Legislature’s directive to give officers and directors a wide berth for their business decisions.  The Court observed:  “Indiana has statutorily implemented a strongly pro-management version of the business judgment rule,” G & N Aircraft, Inc. v. Boehm, 743 N.E.2d 227, 238 (Ind. 2001)— the rule that creates “a presumption that directors…
The Board of Forensic Document Examiners defamation sued for libel claiming it suffered harm to its reputation due to an article that appeared in a journal published by the American Bar Association. The trial court granted the defendants motions to dismiss the action, finding that article didn’t sufficiently identify the Board or its members as the targets of the criticism and if it had done so, it would still be only the opinion of the…
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Super Lawyers named Chicago and Oak Brook defamation libel and slander attorney Peter Lubin a Super Lawyer in the Categories of Class Action, Business Litigation, and Consumer Rights Litigation. Patrick Austermuehle of the Firm was named a Rising Star again and has a great deal of experience as a Chicago Defamation Libel and Slander Attorney.  Peter Lubin and Patrick Austermuehle have achieved this honor for many years which is only given to 5% of Illinois’…
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The glass ceiling continues to prove itself to be more shatterproof than many women suspected. Most of the time, just when a woman thinks she’s broken through – or is about to breakthrough – all she finds are more roadblocks. This allegedly turned out to be the case for Nancy Saltzman after she joined ExlService Holdings in 2014 as the firm’s general counsel. As an attorney with twenty years of experience under her belt, Saltzman…