A clinic across town conducts pre-employment physicals for your company. The clinic’s intake form asks routine medical questions, including a section on family medical history. Two years later a class action arrives, naming your company under a statute most Illinois
Chicago Business Litigation Lawyer Blog
The Chicago Business Litigation Lawyer Blog, published by Lubin Austermuehle, P.C., focuses on legal issues related to business and commercial litigation. It covers topics such as internal business disputes including conflicts among partners, directors, and family-owned businesses, as well as external disputes involving breach of contract, fraud, and enforcement of business agreements. The blog addresses strategies for resolving complex commercial conflicts, fiduciary duties, non-compete agreements, and the impact of litigation on business operations. It also discusses practical approaches to settlements, ethical considerations in litigation, and specialized areas like forensic accounting in business disputes.
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The Illinois Consumer Fraud Act Class Action You Were Just Served: Five Defenses That Decide Whether the Class Ever Gets Certified
The complaint reads like an indictment of your marketing department. A national class. Allegations that a label, a website disclosure, or a price representation deceived consumers. A nationwide class period stretching back five years. A demand for restitution, actual damages,…
Sued Under the TCPA in 2026? The Three Decisions That Have Quietly Rewritten the Defense Playbook
The complaint usually starts with a text message that looked perfectly ordinary on the way out the door. Your marketing team uploaded a customer list, the platform sent the campaign, and the response rates were strong. Months later a class…
When a Key Employee Walks Out With Your Customers: Trade Secrets, Non-Competes, and the Duty of Loyalty in Illinois
The resignation lands on a Friday and feels routine until Monday. Your top salesperson is gone, and so, it turns out, is the customer list, the pricing model, and the quarterly pipeline she pulled the week before she left. By…
Sued for Defamation in Illinois? The Defenses That Can End the Case Before It Gains Momentum
The summons rarely feels proportional to what happened. You left an honest review of a contractor. You warned a colleague about a vendor who had burned you. You answered a reporter’s question, or posted what you believed was true, or…
Leaving Money on the Service Drive: How Illinois Dealers Get Paid Retail for Warranty Parts and Labor
The warranty rate has been the same for so long that nobody in the store questions it anymore. The service department books warranty labor at a number the factory set years ago, posts parts at the manufacturer’s cost-plus formula, and…
Sued Under BIPA? An Illinois Biometric Class Action Is Not the Catastrophe the Demand Letter Wants You to Believe
The complaint usually arrives with a number attached, and the number is designed to take your breath away. A former employee, now a class representative, says your company scanned her fingerprint every time she punched the clock. Multiply one finger…
Illinois Has No Common Law “Duty to Safeguard Data,” and the Moorman Doctrine Closes the Door on Most Negligence Damages
Every data incident in 2026 produces the same playbook. A plaintiffs’ firm files a class action. The complaint pleads breach of contract. It pleads invasion of privacy. It pleads a federal statutory claim. And, almost always, it pleads negligence.
The…
When Your Own Website Becomes the “Wiretap”: Defending Illinois Businesses Against Pixel Tracking Class Actions Under the Federal Wiretap Act
A new wave of class action lawsuits is sweeping into the Northern District of Illinois. The defendants are not telecom companies. They are healthcare practices, retailers, fintech companies, telehealth platforms, employers running candidate portals, and any business with a website…
The Tracking Pixel Lawsuit Wave Hits Illinois: Why the “Crime or Tort” Exception Argument Is Splitting the Federal Courts
If you operate a healthcare practice, a telehealth platform, a behavioral health clinic, a fertility center, an addiction treatment facility, a dental or optometry chain, or any consumer facing business that handles sensitive information online, you have probably heard about…