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Articles Posted in Closely Held Businesses

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Missed Deadline Bars Stolen Corporate Opportunities Claim, Appeals Court Rules

  The doctrine of laches bars a plaintiff from bringing a stolen corporate opportunities lawsuit, the Illinois First District Court of Appeal has ruled. Lozman v. Putnam, No. 1- 06-0861 (February 18, 2008). Plaintiff Fane Lozman and defendant Gerald Putnam met in 1986 as employees of the same Chicago securities…

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Without Written Confidentiality Agreement, Competing Does Not Breach Fiduciary Duty, Court Rules

  A former shareholder, officer and director did not breach his fiduciary duty to a corporation when he started a competing company, and a former employee did not breach his duty of loyalty by joining, the First District Court of Appeal has ruled. Cooper Linse Hallman v. Hallman, No. 1-05-0597…

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Earnings of Closely Held Company Are Not Marital Property, Appeals Court Says

  In an issue of first impression in Illinois, the Third District Court of Appeal ruled in a divorce business dispute that retained earnings from a closely held corporation are non-marital property. In re Marriage of Joynt, No. 3-06-0919 (Aug. 16, 2007). Michael Joynt was president of Mississippi Valley Stihl,…

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Company President Has No Standing to Sue Alleged Alter Ego, Appeals Court Rules

  In an Illinois business contract lawsuit, the Third District Court of Appeal has ruled that a company’s president may not hold his financer and business partner liable for the company’s debts as an alter ego. Semade v. Estes, 05–CH–31 (June 29, 2007). Charles Semade and Nicholas Estes formed a…

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