Introduction Shareholder derivative lawsuits are legal actions brought by individual shareholders on behalf of a corporation against its officers, directors, or other insiders. These lawsuits typically allege misconduct, mismanagement, or breaches of fiduciary duties by those in control of the corporation. Defending against a shareholder derivative lawsuit can be complex…
Articles Posted in Business Disputes
U.S. Supreme Court Upholds Pennsylvania Law Holding Corporations Accountable
Any contract you’ve signed with a company (including the “Terms of Service” most of us don’t read before clicking the box next to “I agree that I have read and agree to the terms”) has included a clause about where you and that company can resolve legal disputes. In some…
Trump Sues Cohen for Allegedly Telling Lies About Him
Donald J. Trump is already facing dozens of criminal charges for allegedly falsifying business records and misusing campaign funds in an alleged attempt to influence the 2016 presidential election. Yet Trump is back in court suing his former attorney, Michael Cohen, for $500 million. The lawsuit accuses Cohen of talking…
Walgreens’s Motion Against Former Law Firm Allowed to Proceed in Lawsuit Over Drug Prices
We all know attorneys are not allowed to represent both sides in a lawsuit, but what if the law firm currently representing one side used to represent the other side? Wouldn’t that be considered a conflict of interest? It’s especially likely to pose a problem if the issue involved in…
A Call from a Friend Led Him to a Multi-Million-Dollar Case
A Call from a Friend Led Him to a Multi-Million-Dollar Case A lot of people tend to assume lawyers have enormous salaries, but a lot of lawyers, especially those working at small firms, make only a modest income. So, the millions of dollars that might be on their way to…
Can Your Spouse Provide Emotional Support During Your Deposition if They’re Also a Witness?
When someone files a lawsuit alleging physical or emotional abuse, they can often find the legal process to be retraumatizing. They are forced to relive the incident(s) that hurt them over and over again, first when hiring a lawyer, then in deposition, then again in court. It’s not an easy…
Net Worth Discovery Should be Sought in Punitive Damages Cases Involving Claims of Fraud or Breach of Fiduciary Duty or the Sale of Unsafe Products
In the case of Pickering v. Owens-Corning Fiberglas Corp., 265 Ill. App. 3d 806, the plaintiff sought punitive damages against the defendant for the defendant’s failure to warn consumers of the dangers associated with asbestos exposure. Punitive damages are damages awarded in addition to compensatory damages and are intended to…
A Lawyer’s Participation in Intentional Fiduciary Breaches Triggers the Crime Fraud Exception to the Attorney Client Privilege
“The focus of the crime fraud exception is on the intent of the client (citation omitted), not the legitimacy of the services provided by the attorney. An attorney may be completely innocent of wrongdoing, yet the privilege will give way if the client sought the attorney’s assistance for illegal ends.”…
Can You Sue the Company Lawyer in a Derivative Action?
Yes, it is possible to sue a lawyer in a shareholder derivative action in certain jurisdictions including Illinois. A shareholder derivative action is a lawsuit brought by a shareholder on behalf of a corporation against a third party. The lawsuit is typically brought when the corporation has been harmed by…
Marvin Gaye vs Ed Sheeran: What the Copyright Lawsuit Means for the Music Industry
The family of Marvin Gaye rocked the music world in 2015 when they sued Robin Thicke and Pharrell Williams for copying elements of Gaye’s hit, “Got to Give It Up,” in their own hit, “Blurred Lines.” Up until the jury sided with Gaye’s family, most musicians had assumed the musical…