Chicago Business Litigation Lawyer Blog

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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

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,


Continue Reading DiTommaso Lubin PC Opens New Practice Groups to Represent Closely Held Businesses and Car Dealerships and to Defend Libel Cases

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,
Continue Reading Squeezed Out of Your Own Company? Strategies for Freeze-Outs in Closely Held Businesses

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
Continue Reading Buying a Business Built on Fake Numbers: Fraud in the Inducement in Business Sales

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
Continue Reading Social-Media Accusations, and Defamation or Business Control Lawsuits in the Social Media Age

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,
Continue Reading Following the Money: Forensic Accounting in Civil RICO and Fiduciary-Breach Cases

Overview
Few things are more devastating than being falsely accused of abusing a family member or former partner. We have represented libel clients on both sides of these disputes as plaintiffs or defendants. Often, the accusations did not go to law enforcement; instead, they spread through social media or phone calls, texts, and conversations among relatives, friends and community members. The results are a reputational firestorm and give rise to profound personal crisis.
How We Frame the Case Legally
Under Illinois law, statements that falsely accuse someone of serious sexual crimes are classic defamation per se: the law presumes damage
Continue Reading Defamation Inside the Family or With Ex-Lovers: Protecting Reputations from False Accusations

Summary: After a founder dies, survivors often pivot from “we have a buy‑sell” to “we can force a redemption under the articles.” Courts care about doing it right—and about protecting the estate’s reasonable expectations.
Start with the contract you actually signed.A written buy‑sell controls if it exists and is enforceable. Many set a fixed price (or formula), a target closing window, and a note if cash isn’t available—plus interim limits on dividends/comp and inspection rights for the estate until paid. If the company refuses to close or withholds life‑insurance proceeds tagged to the buy‑sell, specific performance is often the cleanest
Continue Reading Forced Buyouts After an Owner’s Death: Buy‑Sell Agreements, Oppression, and “Fair Value” in Illinois

Summary: Law firms and professional companies are businesses too. When lawyer‑owners divert funds, freeze out a co‑owner, or weaponize firm control, a derivative suit or oppression claim can be the right tool—if you respect both corporate law and the professional‑ethics overlay.
Typical patterns we see:

  • Unilateral transfers disguised as “distributions” or “draws.” Bank statements and ACH histories are the first stop; courts expect contemporaneous paper (or pixels) to back up allegations.
  • Access choke‑points. Changing login credentials to trust accounts, practice‑management billing, or accounting software is a hallmark of a freeze‑out. Immediate injunctions can restore access and stop dissipation.
  • Mixing direct


Continue Reading When Lawyers Are the Insiders: Suing (or Defending) Attorneys Derivatively for Member Oppression

Summary: Derivative suits let owners enforce the company’s rights when insiders won’t. Done right, they’re powerful. Done wrong, they’re dismissed. Here’s a field guide for LLCs and closely held corporations.
Who can sue and when?
LLCs: Members may sue derivatively under 805 ILCS 180/40‑1 when managers/members harm the company. Relief can include restitution, constructive trusts, injunctions, and fees—plus orders to stop unilateral withdrawals or restore records access.
Corporations: Shareholders proceed derivatively; the entity is the real party in interest. Oppression claims (for corporations) are addressed separately under 805 ILCS 5/12.56.
Pleading essentials (don’t get 2‑615’ed):

  • State your demand (or futility)


Continue Reading Derivative Claims in Illinois: A Practitioner’s Checklist (and Common Traps)

Summary: When a co‑member changes the banking logins, blocks your access to the general ledger, or tells employees not to speak with you, it’s not just bad behavior—it’s a legal emergency. Here’s what to do right now.
1) Treat it like a TRO/Preliminary‑Injunction case.Illinois courts can order interim relief that restores online banking, general‑ledger access, and on‑site access; prevents dissipation of assets; and preserves the status quo ante. To obtain a preliminary injunction, plead a clearly ascertainable right, irreparable harm, a likelihood of success, and a balance of equities that favors you. In member‑managed LLCs, the Illinois LLC Act recognizes
Continue Reading Frozen Out of Your Illinois LLC? 10 Fast Moves When a Co‑Member Locks You Out

The scenario we see: An employee resigns, lands a new role, and—right on cue—the former employer calls the new company or key clients, waving a non‑solicit or a boilerplate non‑compete that’s far broader than Illinois law allows. If that pressure campaign derails a known offer or triggers a firing, our firm files suit for tortious interference and seeks court orders to stop the meddling.
Illinois law gives you real defenses (and offenses):

  • Reasonableness + legitimate interest. Illinois enforces restraints only to the extent necessary to protect legitimate interests (e.g., near‑permanent customer relationships or genuine confidential information). Courts look at the


Continue Reading When Ex‑Employers Weaponize Non‑Solicits and Phone Your Future Boss, We Flip the Script

Some employers weaponize non‑competes—sending threat letters to your new employer or recruiter until your offer evaporates. When that happens, our firm doesn’t just play defense. We file a declaratory‑judgment action to invalidate the restraint and bring tortious‑interference claims for money, stress and punitive damages against the former employer for intentionally and unjustifiably getting you fired, scaring off or interfering with you accept9ing a known offer.
Why this works (in Illinois):

  • Non‑competes are enforceable only if they’re reasonable and protect a legitimate business interest (and even then, only within tight limits on time, territory, and scope). Illinois’ Supreme Court calls this


Continue Reading When an Employer Uses a Non‑Compete to Kill Your Offer, We Sue Back

After We Cross-Examined ChatGPT on its obvious shortcomings, this was what it wrote to warn the country about itself.  Now it could be said that the prompts not ChatGPT caused these answers which apparenty might or might not be accurate but the reasons for stating it caused these responses is because it lacks agency and so the blow may be complete fantasy answers by it. But it appeared to me that it was answering questions and providing its own reasoned response and was not just a mirror of my questions and prompts and told me my questions were insightful and
Continue Reading ChatGBT Wrote this All Every Word — If it Doesn’t Have Agency and is Just a Mirror of the Correctly Worded Question Then Where are We Headed?

Selling a used car knowing it has a defective engine is illegal in Illinois.
According to the Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), it is unlawful to use deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact with the intent that others rely upon such concealment, suppression or omission (815 ILCS 505/2) Therefore, if a person sells a used car knowing it has a defective engine and does not disclose this information to the buyer, it would be considered a violation of the Act.
The case of


Continue Reading Is it illegal in Illinois to Sell a Used Car Knowing it has a Defective Engine?

Under the Illinois Uniform Partnership Act (IUPA), all partners are liable for any wrongful act or omission by any partner (In re Keck, Mahin & Cate, 274 B.R. 740 (2002)), (Bane v. Ferguson, 707 F.Supp. 988 (1989)). This includes acts that occur in the ordinary course of the partnership’s business or are authorized by the partners (Bane v. Ferguson, 707 F.Supp. 988 (1989)), (In re Ascher, 141 B.R. 652 (1992))[3]. The liability is not limited even for “innocent” partners.
As for the protection against cheating, partners are fiduciaries for one another under Illinois law (Bane v. Ferguson, 707 F.Supp. 988 (1989)). This means
Continue Reading What Illinois Laws Prevent a Partner from Cheating Another Partner?

Based on our research and experience, the best defenses to a class action generally revolve around the requirements of typicality and adequacy of the class representative (Danis v. USN Communications, Inc., 189 F.R.D. 391 (1999)). The presence of even an arguable defense peculiar to the named plaintiff or a small subset of the plaintiff class may destroy the required typicality of the class as well as bring into question the adequacy of the named plaintiff’s representation. This fear arises from the possibility that the named plaintiff could become distracted by the presence of an individual defense, which could compromise the


Continue Reading What are the Best Defenses to a Class Action?