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?

…
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?

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

The elements required to establish a joint venture are broadly consistent across the search results. They include:
1. An express or implied agreement to carry on an enterprise (805 ILCS 206/202), (Ambuul v. Swanson, 162 Ill.App.3d 1065 (1987)), (Yokel v. Hite, 348 Ill.App.3d 703 (2004)).
2. A manifestation of intent by the parties to be associated as joint venturers (805 ILCS 206/202), (Ambuul v. Swanson, 162 Ill.App.3d 1065 (1987), (O’Brien v. Cacciatore, 227 Ill.App.3d 836 (1992)).
3. A joint interest as shown by the contribution of property, financial resources, effort, skill, or knowledge by each joint venturer (805 ILCS 206/202), (Ambuul v. Swanson, 162 Ill.App.3d 1065 (1987)), (Yokel v.
Continue Reading What is Joint Venture? When is Joint Venture Partner Required to Account? Lubin Austermuehle Concentrate on Breach of Fiduciary Duty in the Chicago Area.

Under Illinois law, defenses for a partner accused of breaching fiduciary duties to the partnership and his other partners can be varied and nuanced (LID Associates v. Dolan, 324 Ill.App.3d 1047 (2001)), (Pielet v. Hiffman, 407 Ill.App.3d 788 (2011)). Here are some potential defenses:
1. Compliance with Partnership Agreement: A partner who has acted in accordance with an express authorization in the partnership agreement may not be deemed in breach of fiduciary duties (1515 North Wells, L.P. v. 1513 North Wells, L.L.C., 392 Ill.App.3d 863 (2009). However, no language in a partnership agreement, however clear and explicit, can reduce a partner’s fiduciary duty…
Continue Reading What are the Best Defenses Under Illinois Law for a Partner Accused of Breaching Fiduciary Duties to the Partnership or Other Partners?

Choosing the right law firm to protect your minority interests in a closely held company is crucial, particularly when it comes to addressing breaches of fiduciary duty. Lubin Austermuehle is a firm that you might consider for several reasons:

…
Continue Reading Why You Should Choose Lubin Austermuehle as Your Lawyers to Protect Your MInoirty Interests in a Closely Held Illinois Company From Breaches of Fiduciary Duty?

In Illinois, the protections for minority shareholders or LLC members from breaches of fiduciary duty in closely held companies can be found in a combination of statutory provisions and case law.
Firstly, the Illinois Limited Liability Company Act (805 ILCS 180/15-3) specifies that a member of a manager-managed LLC does not owe a fiduciary duty to the LLC unless they are a manager under the terms of the operating agreement (Katris v. Carroll, 362 Ill.App.3d 1140 (2005)), (Tully v. McLean, 409 Ill.App.3d 659 (2011)). This means that members of an LLC who are not managers do not owe a fiduciary duty to…
Continue Reading What Illinois Law Protects Minority Shareholders or LLC Members from Breaches of Fiduciary Duty in Closely Held Companies?

To protect beneficiaries in Illinois estates from breaches of fiduciary duty by the administrator, several measures can be taken based on the duties and responsibilities outlined in the relevant laws and cases.
Firstly, it’s important to establish that the relationship between an executor or administrator and a beneficiary is that of a trustee and cestui que trust, and is fiduciary in nature (In re Estate of Lis, 365 Ill.App.3d 1 (2006). This fiduciary duty requires the administrator to act with the highest degree of fidelity and utmost good faith in handling estate assets (Matter of Estate of Pirie, 141 Ill.App.3d 750 (1986), (In…
Continue Reading How do you Protect Beneficiaries in Illinois Estates From Breaches of Fiduciary Duty By the Administrator?

In Illinois, there are several circumstances under which a partner can sue another partner (Battles v. LaSalle Nat. Bank, 240 Ill.App.3d 550 (1992)), (In re Ascher, 141 B.R. 652 (1992), (Hux v. Woodcock, 130 Ill.App.3d 721 (1985)):
1. A partner can sue another for a breach of fiduciary duty, such as if a partner sells partnership property to a third party without approval from all partners (Battles v. LaSalle Nat. Bank, 240 Ill.App.3d 550 (1992)), (Nussbaum v. Kennedy, 267 Ill.App.3d 325 (1994).
2. A partner or partnership can bring an action against a co-partner if the plaintiff’s claim can be decided without a full review…
Continue Reading What are the Grounds for Suing a Business Partner in Illinois?

Yes, an individual can sue a college or university for a Title IX violation. The Supreme Court has recognized that Title IX entitles a person injured by a violation to sue for damages. In such cases, the plaintiff must demonstrate that an official of the educational institution who has the authority to institute corrective measures has actual notice of the misconduct and is deliberately indifferent to it (Doe v. St. Francis School Dist., 694 F.3d 869 (2012)).
Title IX violations in the educational context have been encountered in several legal proceedings. Examples include Hendrichsen v. Ball State University, where a…
Continue Reading Can I Sue My College or University for a Tille IX Violation?