Lubin Austermuehle, P.C.

The lawyers at Lubin Austermuehle, P.C. handle all types of internal disputes that may take shape during the course of a company’s formation, management, or dissolution. When it comes to managing a family business, for example, complications may arise that are perhaps unforeseeable. For instance, when spouses who co-own a company decide to divorce, the entity’s value as well as who retains ownership and managing responsibilities must be determined either through negotiations leading to an agreement or by a judge in court.

Lubin Austermuehle, P.C. Blogs

Latest from Lubin Austermuehle, P.C.

On July 31, 2019, Illinois Governor J.B. Pritzker signed into law HB834, which amends the Illinois Equal Pay Act by restricting employers’ ability to inqure about or use pay history in hiring and compensation decisions. Illinois becomes the eleventh state to enact legislation prohibiting salary history inquiries by private employers. Other states like Michigan and Wisconsin, however, have gone the opposite way passing legislation prohibiting local governments from enacting salary history inquiry ban laws. The No Salary History law, will take effect by October 1, 2019, giving employers just 60 days to adjust their policies and hiring procedures to…
A company that purchases tax liens in order to obtain tax deeds to properties sued Law Bulletin for breach of contract over a misprinted hearing date in a Take Notice, which the company alleged cost it $1 million when the circuit court denied the company’s tax deed application due to the misprint. Following a trial, the jury entered a verdict in favor of Law Bulletin and against the company finding that the company had not fully performed its obligations under the parties’ contract. The First District Appellate Court affirmed finding that the trial court had not committed an error in…
In a 3-0 decision, the U.S. Court of Appeals for the Ninth Circuit ruled that Facebook users in Illinois can move forward with a class-action lawsuit challenging the company’s use of facial recognition technology. Facebook had argued that the court should not let the plaintiffs proceed on a class basis with claims that it violated the Illinois Biometric Information Privacy Act (often referred to a “BIPA”). The Ninth Circuit’s ruling in Patel v. Facebook affirmed the District Court’s decision to certify a class of Illinois Facebook users. The BIPA is intended to protect the biometric privacy of Illinois citizens by…
Automated Transactions LLC (“ATL”), a small patent assertion entity, has collected millions enforcing a portfolio of patents relating to automated teller machines. After being labeled a “patent troll” by a number of critics of ATL’s enforcement practices, ATL filed a defamation suit in New Hampshire state court against 12 individuals and trade groups claiming that the cognomen was libelous. Earlier this month, the New Hampshire Supreme Court affirmed the dismissal of the suit finding the term “patent troll” to be a non-actionable opinion and rhetorical hyperbole. This case stems from the patents of inventor David Barcelou, who claims to have…
The First District Appellate Court of Illinois recently affirmed the entry of summary judgment against the plaintiff in a commercial breach of contract and mechanic’s lien dispute. In upholding the grant of summary judgment, the Court found that the plaintiff’s discovery responses doomed its mechanic’s lien claim, providing yet another example of why it is crucial for a party to carefully review its discovery responses – something the best commercial litigation attorneys make painstaking efforts to do. The case stems from a dispute arising over an alleged verbal contract between the plaintiff, MEP Construction, LLC, and defendant, Truco MP, LLC,…
An angry customer of a luxury car rental service posted comments on an internet message board alleging that the service defrauded him out of payments it owed him for the rental of his Lamborghini. The customer posted several times over a period of years, and then went quiet. Four years later, the customer marked a post that he made in 2011 “updated” without including any new content. The owner of the car rental service then sued, arguing that the postings constituted libel, breach of contract, and infliction of emotional distress. The district court dismissed the action. The appellate panel affirmed,…
A reseller of athletic apparel entered into a contract with a large retailer to resell aged and customer-returned athletic wear products. The agreement contained a right of refusal and other provisions, including an automatic extension provision. The agreement was extended several times over a period of 14 years. The parties continued to deal with each other after the final expiration, but eventually, the retailer pulled out of the arrangement. The reseller sued, arguing that the retailer’s behavior in continuing to sell it product served to extend the term of the agreement. The district court disagreed and dismissed the case. The…
Divorce proceedings can be contentious but some can be more contentious than others. In the case of disbarred McHenry County lawyer, Mark McCombs, a contentious divorce led to his filing of a defamation and malicious prosecution lawsuit. The First District Appellate Court affirmed the trial court’s dismissal of the complaint in which McCombs alleged that his former wife defamed him and had him falsely charged with harassment. The Court also affirmed the denial of sanctions that McCombs sought against his ex-wife in the suit. McCombs and his former wife, Kathryn Crivolio, started divorce proceedings in 2010. The proceedings soon became…
In an 8-1 decision, the Supreme Court ruled that a company’s bankruptcy does not allow it to rescind a trademark licensing agreement it had entered with a licensee. In so ruling, the court settled an issue that had split the federal appellate circuits and congress over the handling of trademarks licenses in bankruptcy. The case stems from a 2012 license agreement between New Hampshire-based Tempnology LLC and New York-based Mission Product Holdings Inc. over the exclusive rights for U.S. distribution of Tempnology’s apparel and accessory products, which were designed to stay cool when worn during exercise. The products, chemical-free towels,…
An insurance company defended a construction firm against a claim by a condo association for defective design and construction of a building, as it thought the claim arose during the company’s policy period. The insurance company was not estopped from later denying payment for the claim when it was discovered that the claim had in fact arisen 10 years before the policy went into effect. In 2002, the Blue Moon Lofts Condominium Association filed a complaint against The Structural Shop, Ltd in Illinois state court seeking damages arising out of TSS’s allegedly defective design and construction of a building. Blue…
Testimonies are generally reserved for trials, so when the editor of The New York Times, James Bennet, testified before a judge who was deciding whether to dismiss a case, the hearing itself was already highly unusual. Normally, a motion to dismiss asks the judge to consider the merits of the case and whether it’s worth the court’s time to pursue the matter. If anyone is brought in to testify, it’s not until after the judge has determined that the claims have merit and the case should move forward. But Judge Jed S. Rakoff of the Federal District of Manhattan, went…
For too long, law enforcement and the courts have refused to acknowledge the real-world damage that can be done by online hate, but that attitude seems to be turning around. In just the past few months, one internet “troll” has been ordered to pay a total of more than $20 million to three different targets of his online vitriol. Andrew Anglin is the publisher of a neo-Nazi website called The Daily Stormer that has targeted (among others) a black female college student, a Jewish real estate agent, and an Arab-American comedian. In June, the comedian won a $4.1 million lawsuit…
If you’ve used Facebook at all in the past few years, you’ve probably noticed that every time you post a photo with one of your friends, Facebook automatically suggests you tag that person. While that might seem innocent enough, the facial recognition technology Facebook uses to accomplish that is highly controversial and possibly illegal. Facial recognition technology is a relatively recent development and it didn’t take long for it to become controversial. With the abundance of cameras all around us, facial recognition technology allows owners of the technology to find us just about everywhere we go, which is why Facebook…
A manufacturer of yachts was sued by a disgruntled buyer for breach of contract after the yacht he ordered was not usable in waters in the European Union as he originally specified. The buyer lost in court, however, because he argued that the yacht was a total loss, and the company presented evidence that the conversion to allow the yacht to operate in Europe would cost less than $2,000, and that it had repaired other small defects for free. Porter, Inc. is an Indiana company that manufactures boats under the Formula and Thunderbird trade names. In September 2012, Erich Schwaiger…
Do you ever think that all pop songs sound the same? If you have, you might not be the only one who’s had that thought. Several musicians lately have sued better known musicians, claiming their success comes, at least in part, from stealing parts from older, lesser-known songs. Lately, the musicians filing the lawsuits demanding compensation for their stolen work have been successful in court, leaving many people asking about the difference between inspiration and infringement. The latest musician to achieve success in the courtroom is Marcus Gray, who goes by Flame in the music industry. Gray wrote a Christian…
An electrical subcontractor sued the general contractor after the general contractor withheld $58,000. The general contractor claimed that it was owed a setoff for work performed by other electricians, but the trial court found that the money spent by the general contractor was not within the scope of the original agreement, and the electrical contractor had performed additional work and worked overtime to complete the project, despite delays caused by other contractors. The Illinois appellate court affirmed, finding that the trial court had not made a determination against the manifest weight of the evidence. Hunter Construction Services entered into a…