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Chicago Business Litigation Lawyer Blog

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The CASE Act Seeks to Create a New Avenue for Litigation of Small Copyright Infringement Claims

This month the Copyright Alternative in Small-Claims Enforcement Act of 2019 (“CASE Act”) was introduced in the Senate (S. 1273) by a number of Senators including Dick Durbin of Illinois and in the House (H.R. 2426) by Representatives Hakeem Jeffries and Doug Collins. The CASE Act seeks to provide individual…

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Plaintiff’s Mistake in Naming Subsidiary Companies as Additional Defendants Costs it Millions in Judgment

A small producer of musical instruments sued Guitar Center, alleging that Guitar Center violated its trademark on the name for a line of woodwind instruments. The plaintiff made a mistake in its suit, however, and named several subsidiary corporations of Guitar Center as additional defendants. After a trial, a jury…

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Federal Appeals Court Upholds ADP’s Non-Compete Agreements

Recently, a unanimous U.S. Third Circuit appellate court upheld payroll company Automatic Data Processing’s (“ADP”) non-compete agreements but remanded the case to the district court for tailoring. The federal appeals court reversed a decision by the district court which had found the covenants not to compete to be unenforceable. In…

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Lawsuit Accuses Getty Images of Deceiving Customers into Buying Licenses for Public Domain Images

A class action lawsuit recently filed in a federal court in Washington accuses Getty Images, Inc. (“Getty”) of allegedly duping customers into paying for fictitious copyright licenses for images in the public domain that can be used freely. The plaintiff in the case, Texas digital marketing company CixxFive Concepts LLC,…

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Seventh Circuit Gives a Wide Berth to Business Judgment Rule Following the Deference Required by the Indiana Legistlature in a Shareholder Oppression Case

No withstanding allegations of majority shareholder oppression, the Seventh Circuit rejected those arguments paying deference to the business judgment rule because of the Indiana Legislature’s directive to give officers and directors a wide berth for their business decisions.  The Court observed:  “Indiana has statutorily implemented a strongly pro-management version of…

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Oral Argument in 7th Circuit Case Finding Alleged Libel Against American Bar Association Was Non-Actionable Opinion

The Board of Forensic Document Examiners defamation sued for libel claiming it suffered harm to its reputation due to an article that appeared in a journal published by the American Bar Association. The trial court granted the defendants motions to dismiss the action, finding that article didn’t sufficiently identify the…

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Lubin Austermuehle’s Chicago Libel Defamation and Slander Attorneys Named 2019 Super Lawyers

  Super Lawyers named Chicago and Oak Brook defamation libel and slander attorney Peter Lubin a Super Lawyer in the Categories of Class Action, Business Litigation, and Consumer Rights Litigation. Patrick Austermuehle of the Firm was named a Rising Star again and has a great deal of experience as a…

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When It’s More Than Just Cake

The glass ceiling continues to prove itself to be more shatterproof than many women suspected. Most of the time, just when a woman thinks she’s broken through – or is about to breakthrough – all she finds are more roadblocks. This allegedly turned out to be the case for Nancy…

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