peter s. lubin

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A doctor who owned her own practice, billed her patients directly, and filed taxes as a self-employed physician was not an employee of the hospital she had privileges at, and therefore was not entitled to sue the hospital for discrimination after it revoked her practice privileges. For almost 13 years, Dr. Yelena Levitin performed surgeries at Northwest Community Hospital in Arlington Heights, Illinois. Levitin is a female, Jewish surgeon of Russian descent. She owns and operates Chicago Surgical Clinic, Ltd., a private medical practice. From 2000 until 2013, most of her revenue came from the work she performed at Northwest.…
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 property litigation, with an affordable forum to adjudicate small claims against copyright infringers. The CASE Act would create the equivalent of a small claims court…
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 Guitar Center branded stores were infringing, which amounted to a tiny fraction of the total sales across Guitar Center and all of its subsidiary brands.…
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 courts, “consistently recognize as legitimate.” According to the Third Circuit’s opinion, ADP requires certain high-performing employees to sign non-compete agreements and similar pledges in order…
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 laws. The wrongful conduct, according to the complaint, was not merely charging for the public domain images but rather deceiving customers into believing they needed…
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 making a business decision, not involving self-interest, act on an informed basis, in good faith, and in the honest belief that their actions are in…
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 author and therefore non-action as a libel case.  You can listen to the oral argument below: https://www.chicagobusinesslitigationlawyerblog.com/files/2019/06/Best-defamation-attorneys-near-Chicago-Schaumburg-Naperville-and-Joliet.mp3 You can read the final decision of the…
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’ attorneys each year.  You can review their record of accomplishment here. You can look at reviews by the clients here. Lubin Austermuehle’s Oak…
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 was the most senior female executive when she joined the publicly traded consulting firm. But even with Saltzman on the executive team, the firm’s leadership…
https://www.chicagobusinesslitigationlawyerblog.com/files/2019/06/Best-Chicago-Defamation-libel-and-Slander-Lawyers-Near-Elmhurst-and-Oak-Brook.mp3 You can view the decision here. Our Naperville, IL libel and slander lawyers concentrate in this area of the law. We have defended or prosecuted a number of defamation and libel cases including cases representing a high profile athlete against a well known radio shock jock, a consumer sued by a large car dealer in federal court for negative internet reviews and videos, one of Loyola University’s largest contributors when the head basketball coach sued him for libel after he was fired, a lawyer who was falsely accused of committing fraud with the false allegation published to the…
Super Lawyers named Chicago and Oak Brook shareholder oppression 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 Lawyer.  Peter Lubin and Patrick Austermuehle have achieved this honor for many years which is only given to 5% of Illinois’ attorneys each year. Lubin Austermuehle’s Oak Brook and Chicago business dispute lawyers have over thirty years experience in litigating defamation, breach of fiduciary duty and shareholder oppression…
The Board of Forensic Document Examiners (“Board”), a non-profit organization that administers a certification program for forensic document examiners, filed a defamation lawsuit against the American Bar Association (“ABA”) alleging that it suffered reputational harm from an article published in an ABA law journal. A federal district court dismissed the claim finding that the statements in the journal article were non-actionable opinion protected from liability by the First Amendment. The non-profit appealed and the Seventh Circuit, agreeing with the district court, affirmed the dismissal. The summer 2015 edition of The Judges’ Journal, a journal published by the ABA, contained an…
What if you paid hundreds of thousands of dollars for new, original paintings by a famous artist, only to be told that the artist hasn’t painted in years and the paintings were created by someone you’ve never heard of? According to a series of lawsuits, Adam Max, son of the famous painter, Peter Max, has allegedly been taking advantage of his father’s declining mental health in order to make a profit for himself and a few of his business partners by selling new paintings with his dad’s name on them. The problem is that Max is allegedly no longer painting.…
You might think of making popcorn as a fairly simple process: you pop the popcorn, coat it in your flavor of choice, package it and sell it. But the fact is that snack food manufacturers invest an incredible amount of time, money, and resources into crafting recipes that are perfectly addictive, then test and retest those recipes before they start putting them on shelves. Garrett Popcorn Shops says it guards the secret to its popcorn recipes so closely that only three employees are given access to the recipes and they have to prove their identity with a fingerprint scan before…