A facility demand from the factory usually arrives dressed up as a business plan. The renderings look polished. The timeline looks urgent. The number looks painful. Sometimes the message is explicit. Rebuild the showroom. Replace the signs. Rework the service drive. Carve out exclusive space. Use our vendor. Do it now or your renewal will become a problem. Dealers hear that kind of message and often conclude the fight is over before it starts.
That is a mistake. Illinois law does not turn every manufacturer preference into a legal obligation. Some facility demands are legitimate. Some are commercially sensible. But
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A Same-Line Store Around the Corner? Illinois Dealers Have a Real Protest Right
When a manufacturer announces a new point or a relocation, the first reaction inside most dealerships is frustration. The second is resignation. The factory says the market can support another store. The decision must already be made. There is no point in fighting it. That reaction is exactly what gets dealers hurt. In Illinois, a proposed additional same-line franchise or a relocation into the relevant market area of an existing dealer is not supposed to be a fait accompli.
The Illinois Motor Vehicle Franchise Act gives dealers a real protest process, and that process has teeth. If a manufacturer wants…
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Chargeback Letter from the Factory? Illinois Dealers Should Not Treat It Like the Final Word.
The debit memo usually arrives after the money has already been booked. A warranty claim that looked closed suddenly comes back to life. An incentive payment from months ago is now being “reviewed.” The factory’s spreadsheet says the store owes money, so accounting assumes the store owes money. That reaction is understandable. It is also often too quick. In Illinois, warranty and incentive chargebacks are governed by statute, and the process matters every bit as much as the manufacturer’s conclusion.
Dealers should start with the basic timing rules. Under the Illinois Motor Vehicle Franchise Act, a warranty claim submitted by…
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A Judge’s Eye View of Your Case: How James DiTommaso’s Appellate Externship Shapes Business Litigation Strategy
Clients call us when they are in a sticky situation. That is usually not the first time something went wrong. The problem has been building. The partner stopped being transparent. The manager started siphoning business. The competitor started poaching customers. The contract got ignored. Then one day it becomes urgent. There is a hearing coming. There is a TRO on the table. There is a demand letter that cannot be ignored. The business owner suddenly needs answers that are both fast and correct.
In those moments, the lawyer who understands how judges think has a real advantage.
Before joining DiTommaso…
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From the Trial Court to the Illinois Supreme Court: What James DiTommaso Learned Arguing Yakich v. Aulds
Most business owners will never see the inside of an appellate courtroom, and that is a good thing. Appeals are expensive, time consuming, and usually happen after a case has already chewed up months or years. But the mindset of an appellate lawyer, the discipline of precision and the obsession with the record, can make the difference in the trial court long before any appeal is filed.
James V. DiTommaso did not become a lawyer because it sounded easy. On his attorney profile, he puts it plainly: he chose to become a lawyer because he wanted to be like his…
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Chicago-Kent Built for the Courtroom: Why James DiTommaso Litigates Like Trial Is Tomorrow
A lot of lawyers say they are “trial lawyers.” Then the case gets real. The judge sets deadlines. The other side files a motion that actually matters. A key witness gets cold feet. The documents tell a story your client does not like. That is the moment when you find out whether your lawyer is built for the courtroom or built for paperwork.
James V. DiTommaso is built for the courtroom.
James earned his J.D. from Chicago-Kent College of Law, and if you know Chicago-Kent, you know what that means. Chicago-Kent is not known for producing lawyers who hide behind…
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Breaking Up is Hard to Do: Resolving Partner Disputes in Closely Held Dealerships
Most dealership groups are built by partners. One person has the operational instincts, another has the capital, another brings relationships, and the business grows. That partnership model works until it does not. When the relationship fractures, the dealership cannot hit pause. Cars still have to be sold. Service lanes still have to run. The factory still expects performance. Every day of internal conflict quietly drains value.
We call these cases business divorces because the pattern is familiar. Trust breaks down. Financial transparency disappears. Meetings turn into ambushes. The majority starts treating the minority like an employee instead of an owner.
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Manufacturer Pushback? How the Illinois Motor Vehicle Franchise Act Protects Your Investment
Dealers invest millions of dollars in facilities, inventory, people, and goodwill. Yet when a manufacturer pushes back on a transfer, a succession plan, or even the renewal of a franchise, it can feel like the factory is the real owner and the dealer is just renting the right to do business.
Illinois law does not accept that premise. The Illinois Motor Vehicle Franchise Act sets rules for how manufacturers can behave, and it gives dealers procedural and substantive protections that can be the difference between keeping your store and losing it. The Act is not a magic shield, but it…
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The 5 Critical Clauses Every Illinois Dealer Needs in a Buy Sell Agreement
A dealership sale is not the same thing as selling a dental practice or a trucking company. In most deals, the buyer and seller sign a contract, the lender funds, and the keys change hands. In a franchised dealership deal, the real gatekeeper is the factory. Add floor plan lenders, real estate entities, parts and service operations, and the Illinois Motor Vehicle Franchise Act, and you quickly see why a generic purchase agreement can unravel in the final mile.
When we review buy sell agreements for Illinois dealers, we see the same pattern. The contract is drafted like a standard…
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Why “Boutique” Doesn’t Mean “Basic”
The Myth of the Big Firm: Why Agility Wins in Modern Litigation
Many clients believe that a massive firm is required for a massive case. The reality? Huge firms are often slowed down by committee structures and bureaucratic oversight. At DiTommaso Lubin, we have the same access to top-tier experts and forensic data tools as any “Big Law” firm, but we operate with the speed of a fighter jet. When a trial shifts, we pivot in seconds—not after a firm committee meeting. We have handled very large and complex trials including trials that have lasted two years in one case…
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Why Choose DiTommaso Lubin For Your Business Dispute or Fiduciary Breach Case
The Pedigree Gap
Why Your Lawyer’s Academic Background Matters in the Courtroom Marketing can be bought, but a University of Chicago Law education is earned. When Peter Lubin steps into a courtroom, he brings a level of sophisticated analysis and peer-recognized skill that reshapes the case. Having been named the first “Law Firm of the Year” in DuPage County, we prove every day that elite academic credentials translated into aggressive trial work are the ultimate competitive advantage.
Modern Discovery & E-Discovery
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DiTommaso Lubin PC Opens New Practice Groups to Represent Closely Held Businesses and Car Dealerships and to Defend Libel Cases
DiTommaso Lubin, P.C. announced today that it has formally launched a series of specialized practice groups designed to serve car dealerships, closely held and family businesses, media and internet clients, and high net worth individuals with both litigation and transactional needs.
Chicago, IL, January 28, 2026 –(pr.com)– DiTommaso Lubin, P.C. Announces Launch of New Specialized Practice Groups Serving Dealers, Business Owners, Media Clients and High Net Worth Families
Squeezed Out of Your Own Company? Strategies for Freeze-Outs in Closely Held Businesses
When Majority Owners Turn on Their Partners
In closely held corporations and limited-liability companies, majority owners sometimes forget that they owe duties to their partners. We see the same pattern again and again: a founder who built a business is gradually cut out of key decisions, denied access to financial information, removed from management, and eventually offered a take-it-or-leave-it buyout at a fraction of what the stake is actually worth.
These “squeeze-out” and “freeze-out” tactics can be subtle—changing compensation structures, diverting opportunities to new entities, or refusing to declare dividends while insiders pay themselves oversized salaries. In more extreme cases,…
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Buying a Business Built on Fake Numbers: Fraud in the Inducement in Business Sales
The Dream of Owning a Business — and the Nightmare That Followed
Some of our business clients come to us after realizing that the dream business they purchased is nothing like what they were sold. One of our current matters involves a small investor who purchased a business after reviewing glossy marketing materials, tax returns, and financial statements provided by the seller and a business broker.
On paper, the business appeared to be thriving: strong revenue, steady growth, and attractive profit margins. The buyer agreed to pay a substantial price based on those numbers and on the seller’s written warranties…
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Social-Media Accusations, and Defamation or Business Control Lawsuits in the Social Media Age
The New Reality: Accusations Before Investigation
In the modern environment, a single social-media post can trigger a storm of attention, formal investigations, and sometimes a lawsuit. We have dealt with this type of situtation in many of our lible and business control cases.
Our firm represents pleaintiffs and defendants in these highly chargds cases that sit at the intersection of social causes and modern defamation or business control law.
Discovery Battles Over PR Firm Documents
A major battleground in these case can be obtaining through discovery outside public relations firm documents and communciations when the opposing side has relied on…
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Following the Money: Forensic Accounting in Civil RICO and Fiduciary-Breach Cases
Why Forensic Accounting Matters in Complex Business Fraud
Civil RICO and serious breach-of-fiduciary-duty cases live and die by the numbers. It is not enough to allege that a business partner or investment promoter “took money”; you have to show how funds moved, which entities were involved, and how those transactions fit into a pattern of racketeering activity such as wire fraud or mail fraud under 18 U.S.C. §1962.
In several of our current matters, we represent investors and entrepreneurs in disputes involving digital assets, closely held companies, and high-risk ventures where the financial records are a maze of limited-liability companies,…
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