Corporate & Commercial

Choosing Lubin Austermuehle for business litigation offers several compelling advantages. Firstly, the firm is known for its commitment to achieving significant victories and effecting change for clients and the community. This dedication is reflected in the firm’s ability to deliver high-quality services with a level of personal attention that is sometimes lacking in larger law practices​​.
Lubin Austermuehle’s team is adept at handling a wide range of business litigation matters. This includes shareholder, owner, LLC member, and partnership disputes, trade secret theft, copyright and trademark infringement, business fraud, non-compete agreements, and restrictive covenants​​​​. Their experience also extends to dealing with
Continue Reading Why Choose Lubin Austermuehle for Your Chicago Area Business or Commercial Litigation Matter

Launching a successful business startup involves navigating a complex legal landscape. Several key agreements and documents ensure clarity, protection, and smooth operations. Let’s take a deep dive on the contracts your startup needs for success, but first unpack some essential terms you need to know:

1. Intellectual Property (IP): This refers to intangible creations like inventions, designs, trademarks, and copyrights.

2. Terms and Conditions: These outline the legally binding rules for using a website, service, or product.

3. Employee Contracts: These formal agreements between employers and employees specify job duties, compensation, benefits, and termination terms.

4. Articles of Incorporation: This
Continue Reading Contracts Your Startup Needs for Success

Diversity of citizenship cannot be asserted merely on information and belief when it comes to the members of a Limited Liability Company (LLC). For diversity jurisdiction purposes, the citizenship of an LLC is determined by the citizenship of each of its members. A simple declaration of diversity of citizenship is not enough. The court needs to understand the identity and citizenship of each member. In case any member is an unincorporated association, such as an LLC or partnership, the citizenship must be traced through all layers of ownership to ensure no member shares a common citizenship with the opposing party.
Continue Reading Pleading Citizenship in Illinois Federal Courts For Diversity of Citizenship For LLCs

In Illinois, tortious interference with contract and tortious interference with prospective business relations are two distinct torts with different pleading requirements.
To establish a case for tortious interference with contract, the plaintiff must show the following [7]:
1) Existence of a valid and enforceable contract between the plaintiff and another party
2) The defendant’s awareness of this contractual relationship
3) The defendant intentionally and unjustifiably induced a breach of the contract, which results in a subsequent breach by the other contracting party
4) The plaintiff suffered damages as a result of the breach.
In contrast, to make a
Continue Reading The Different Requirments for Pleading Tortious Interference With Prospective Business Relations and Tortious Interference With Contract

The Corporate Transparency Act requires all existing “business entities” and “beneficial owners” to file a Beneficial Ownership Information Report with the U.S. Treasury’s Financial Crimes Enforcement Network’s (FinCEN) Beneficial Ownership Secure System (“BOSS”) on or before January 1, 2025, and entities established thereafter with 90 days of establishment. The stated purpose is to identify money laundering, tax evasion and other financial crimes, and the BOSS database will be accessible only to crime enforcement and tax collection entities.
By January 1, 2025, Beneficial Ownership Information Reports will be required from:

  • All non-exempt business entities, including trusts, authorized to or conducting business,


Continue Reading New Corporate Transparency Law

In the competitive realm of business, determining the value of one’s stake in an LLC is indispensable.

Accurately appraising this ownership percentage ensures equitable transactions, whether it’s a sale, buyout, or transfer.

Failing to establish a fair valuation can lead to contentious disputes, undermining both financial interests and professional relationships. The LLC Operating Agreement should provide for business valuation methods for the ownership interest of a departing member transferring his or her membership interest.

Understanding “Fair Value” in LLCs

In the context of an LLC, “fair value” of membership interest frequently denotes the price at which willing buyers and sellers
Continue Reading LLC Valuation: Understanding Membership Interest Value

Starting a business is the American Dream and hard work. Growth is exhilarating. Only about 20% of businesses in the US have employees, and yours is ready to become one of the few that starts the hiring process Are you fully prepared to navigate the complexities that come with your expanding team?

From job posting to interviewing, doing the background checks and providing good employee benefits packages, hiring first employees goes far beyond creating a job description and posting the job on the internet.

Due Diligence demands your business employes the legal frameworks to shield your company when hiring its
Continue Reading Hiring First Employees: Must-Have Contracts for Your Growing Business

Employee or Freelancer?
Is a person who works for your business financially dependent on you, or can they potentially independently profit based on their skill set? Will they be part of your company indefinitely? Do they perform a central, daily, integral role? Do you dictate when, where and how they work? Do you limit their ability to work for others? Can the person apply what they do to other endeavors, widening their market reach and leading to other revenue streams?
Small businesses and other employers will need ask themselves this set of questions and consider the “totality of the circumstances”
Continue Reading Employee or Freelancer? New Rules for Independent Contractors

With over 300 new laws taking effect January 1, 2024, some that could have a substantial impact on your business include:

  • The Federal Corporate Transparency Act requires a business to file with the Financial Crimes Enforcement Network.
  • New criminal penalties for doxing, deep faking and cyberbullying.
  • New residential construction requires EV compatible parking.
  • Multi-occupancy business bathrooms may be used by any gender.
  • Minimum wage increased to $14.00 per hour.
  • Paid leave for all workers at 1 hour for every 40 worked.
  • Extended bereavement time off.
  • Picketing protections and limitations.

If you have any questions or if problems arise, please contact
Continue Reading New Illinois Business Laws

Navigating the burgeoning cannabis industry proves fraught with unforeseeable legal snags, often culminating in complex litigation for market participants.

As federal and state laws clash over cannabis legality, licensed operators face a labyrinth of compliance dilemmas, amplifying their need for specialized litigation support services.

Navigating Legal Complexities

Legal professionals must meticulously dissect the intricacies of cannabis regulations, expertly balancing compliance with operational prowess.

Frequent legislative shifts demand agile adaptation from cannabis businesses, which hinges on the support of proficient legal counsel to mitigate risks and capitalize on opportune legislative developments.

In such a volatile field, strategic legal guidance becomes indispensable,
Continue Reading Litigation Support Services for Cannabis Industry Cases

The cannabis industry, while experiencing rapid growth, faces a unique and evolving legal landscape. From licensing disputes to product liability concerns, navigating legal challenges requires specialized expertise. Whether you’re a cultivator, processor, dispensary owner, or investor, understanding cannabis litigation is crucial for protecting your interests and ensuring compliance.
This comprehensive guide dives into the complexities of cannabis litigation, shedding light on key areas of concern and empowering you to make informed decisions. We’ll explore common legal issues, discuss the importance of experienced legal counsel, and provide valuable resources to navigate the complexities of the legal cannabis world.
Navigating the burgeoning
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In conducting workplace investigations of personnel situations or other events, employers or those hired to conduct the investigation walk a tightrope to avoid causing more problems and creating potential liability. With “at will” employees, those without a contract and not unionized, unless you have policies or procedures requiring an investigation, it may be better to act without an investigation and proceed to termination or other action as appropriate. But, when employment laws, rules, regulations, policies, or agreements require an investigation or you believe one may be advisable in the situation, in order to limit or avoid future liability you should
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“As is” and certain other non-reliance or purported exculpatory clauses under the common law, have not provided a defense against fraud in Illinois courts for decades. This is particularly important where, as in most automobile sales transactions, one party is unsophisticated, and the other party, like a used car dealer, is an expert in the field. As Zimmerman v. Northfield Real Estate, Inc., 156 Ill. App. 3d 154, 164 (1st Dist. 1986), found: “Exculpatory clauses are not favored and are strictly construed and must have clear, explicit and unequivocal language showing that it was the intent of the parties.” And
Continue Reading Form “As Is” and Other Form Exculatory Clauses are Not Defenses To Autofraud Cases in Illinois

In the realm of defamation law, the distinction between public and private figures holds significant weight. Public figures have a higher burden of proof when pursuing defamation claims due to their assumed access to media platforms and the assumed public interest in their lives or opinions. However, what happens when someone becomes an involuntary public figure, particularly in the context of Illinois law?
In Illinois, as in many other jurisdictions, individuals may become involuntarily thrust into the public eye due to circumstances beyond their control. The legal concept of involuntary public figures was established in the famous case of involving
Continue Reading Understanding Involuntary Public Figures in Illinois and Defamation Law

By Thomas Howard. He has over 10 years of experience in corporate and cannabis laws nationwide.
 
Venturing into the cannabis industry involves more than just an entrepreneurial spirit; it’s a journey through a labyrinth of legal intricacies and operational challenges. In this blogpost, you’ll learn more about operating agreements.

Precise planning and structured agreements are the bedrock of a successful cannabis enterprise – your shield against the unforeseen storms of regulatory shifts and internal disagreements.

Defining Operating Agreements

An Operating Agreement is a foundational legal document that governs the internal operations of a Limited Liability Company (LLC), acting
Continue Reading Everything You Need To Know About Operating Agreements

By Thomas Howard. He has over 10 years of experience in corporate and cannabis laws nationwide.

Most business dispute Lawyers offer free consultations to make their pitch for their legal advice for your company’s predicament. 5-digit retainers and hourly rates over $500.00 are increasingly common for business dispute lawyers in 2024. Business disputes have complex issues that can take commercial litigation months to motions and briefings to get a recovery from the contract disputes, whether an insurance recovery or cash money from the losing party. Our offices can provide only qualified leads with such a consultation to provide a
Continue Reading Business Dispute Lawyer: Expert Legal Services for Business Owners