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.

Latest from Lubin Austermuehle, P.C. - Page 2

Can Illinois employers fire employees for their political speech or affiliations? The events of the January 6, 2021 Capitol riots along with the riots and protests across the country throughout the summer of 2020 have led many employers to ask similar questions. And as protests become more commonplace and political debates run rampant on social media, employers and employees alike will be seeking answers to this question more and more frequently as time passes. As with most questions in employment law, the answer depends on the circumstances. Generally speaking, Illinois, as an “at will” state, is more likely to permit…
Recently a federal judge in the Eastern District of Texas ruled that copyright infringement claims filed by retired professional wrestler Booker T. Huffman (known as Booker T) against Activision, the developer of the Call of Duty video games, should proceed to trial. The infringement claims revolve around alleged similarities between promotional artwork for the Call of Duty 4 video game and a poster depicting Huffman’s in-ring persona G.I. Bro. In 2015, Huffman commissioned a poster from the artist, Erwin Arroza, to promote his comic, G.I. Bro and the Dragon of Death. The comic stars a “special operations hero called G.I.…
A scandal at a university’s innocence project led to a defamation suit by one of the project’s former employees against a writer of a book and documentary filmmakers who accused the employee of engaging in criminal behavior in pursuit of a false murder confession. The employee’s defamation claims were initially found to be untimely by the trial court, but the Illinois appellate court reversed the decision. The Illinois Supreme Court took up the appeal of the filmmaker’s and affirmed the decision of the appellate court, finding that each new showing of the documentary film to a limited audience retriggered the…
As we have previously written about here, here, and here, the Illinois Biometric Information Privacy Act (BIPA) has generated some high profile litigation in recent years. The Illinois Supreme Court’s last opportunity to consider one of the country’s most protective laws concerning biometric data came in 2019 in its decision in Rosenbach v. Six Flags Entertainment Corporation, which we wrote about here. Recently, the Illinois Supreme Court has granted permission to appeal another potentially impactful decision interpreting BIPA. BIPA was enacted in 2008 to help regulate the collection, use, safeguarding, handling, storage, retention, and destruction of…
By now, we’ve all gotten used to hearing stories of high-level executives of huge corporations getting fired for misconduct, and while some people might be glad to see some signs of accountability, it’s usually bittersweet when it gets announced that they received a severance package worth tens of millions of dollars. But now McDonald’s is suing their former CEO, Steve Easterbrook, to return the $37 million he was paid as part of his severance package, claiming his misconduct was more extensive than they realized at the time they negotiated his severance package. Easterbrook was removed as CEO back in November…
Until recently, falsely accusing someone of being gay was considered defamatory per se in New York. Recently however, a New York appellate court broke with decades of precedent in ruling that such a statement no longer constitutes defamation per se. In so ruling the court cited recent transformations in the law and cultural attitudes towards homosexuality as justification for changing the standard as it relates to accusations of being gay. Defamatory statements fall into one of two distinct categories: defamation per se and defamation per quod. When a statement is considered to be defamatory per se, it is considered…
The longstanding one-year statute of limitations for defamation actions in Illinois could be on its way out. The Illinois Supreme Court has agreed to weigh in on the question of whether the deadline for filing libel lawsuits needs to be revisited to account for the explosion of online content in the twenty-first century. Defamation and libel attorneys throughout Illinois will be eagerly following this case as it presents potentially the largest change to defamation law in recent memory. On January 14, the Illinois Supreme Court heard arguments in a defamation case brought by Paul J. Ciolino, a private investigator at…
There are countless stories of a rock band’s members fighting over music and money, but this time it’s the widow of a band’s recently deceased member who’s fighting with the remaining members of the band over the band’s value. When the singer Chris Cornell died, his widow, Vicky Cornell, inherited his share of the interest in the band, Soundgarden. The other members have offered to buy Cornell’s share for $278,000, but she alleges that amount represents just a fraction of what her share in the band is worth. Cornell is suing the remaining members of Soundgarden for allegedly devaluing her…
A company that provided administrative and payroll services was acquired by a bank under a stock purchase agreement. The agreement provided for the escrow of $2 million dollars, that was to be released to the sellers after a period of time had passed after the sale. Several months after the sale, a former employee came forward to reveal potentially fraudulent practices on the part of the administrative company. After an investigation by an outside law firm, the bank demanded indemnification from the sellers, but the sellers refused. The bank then sued in an attempt to recover money it had paid…
For producers and manufacturers alike, supply contracts have many advantages. For manufacturers, it ensures a steady supply of raw goods for manufacturing, and for producers, it secures a steady stream of revenue. All contracts though come with the risk that one of the parties will breach them. In a recent decision, the Seventh Circuit provided guidance for interpreting the “adequate assurances” provision of Section 2-609 of the Uniform Commercial Code. The dispute at issue is nearly a decade old. In 2009, BRC Rubber & Plastics Inc., a designer, and manufacturer of rubber and plastic products primarily for the automotive industry…
Two inventors who were entitled to royalties on the sales of products sued the purchaser of their former company over their royalty rights. The litigation and arbitration took years, and after the third round of arbitration, the arbitrator determined that the inventors were not entitled to compensation from the company they sued. Despite this finding, the two continued to engage in litigation against the firm. After their final suit was dismissed in the district court, the company sought sanctions for bringing a groundless lawsuit. The district court granted the motion, finding that the suit had been barred by the doctrine…
Statutory fee-shifting is usually meant to incentivize plaintiffs to bring claims involving important rights but relatively low monetary damages. Some statutes provide for fee-shifting not only to successful plaintiffs but also to successful defendants. As the recent decision in the case of Multimedia Sales & Marketing, Inc. v. Marzullo illustrates, plaintiffs considering bringing trade secret misappropriation claims in Illinois courts would be wise to review their claims before filing so to ensure that their claims are not meritless. The plaintiff in the lawsuit, Multimedia Sales & Marketing, Inc., is a radio advertiser who sued a competitor, Radio Advertising, Inc., along…
A disgruntled investor sued the organization that regulates registrations for certain securities brokers after he lost his investment. The investor argued that the securities broker had a history of misconduct dating back more than 30 years and should have had his membership revoked under the organization’s bylaws. The investor claimed that because the organization violated its own bylaws, it was liable for the actions of the securities broker. The district court determined that the organization did not violate the bylaws because the conduct of the broker had not led to the expulsion of an associated organization, only a voluntary withdrawal.…
An AI company harvested publicly available photographs from social media sites across the internet and then used those photographs to derive a biometric facial scan of each individual in the photograph. The company sold this database to law enforcement agencies to use in identifying persons of interest or unknown individuals. A woman sued in a class action, arguing that the harvesting of biometric data violated Illinois’ Biometric Information Privacy Act. The company removed the case to federal court, and the federal court ruled that the plaintiffs’ claims lacked standing under Article III. The appellate court agreed with the district court…
A plastics company purchased ingredients from a producer of rubber products for many years under a series of short-term agreements. A few years after signing a long-term agreement, the rubber producer attempted to unilaterally raise the price of the products it was selling to the plastics company. When the plastics company protested that this was not allowed under the agreement, the rubber producer failed to make scheduled deliveries on time. The plastics company then sought an alternate source of rubber and sued the producer for the difference in cost it paid. The district court determined that the rubber company failed…
Amazon claims it fired Chris Smalls, a management associate, in March for violating safety procedures by continuing to come to work after having been exposed to COVID-19, despite the fact that the company says it offered to pay him to stay home for 14 days after the exposure. Smalls, who is suing his former employer in the Eastern District of New York for discrimination and retaliation, tells a different story. According to Smalls, Amazon failed to take several safety precautions related to the pandemic, including taking employees’ temperatures before allowing them on the premises; providing hand sanitizer or personal protective…