Advocate Financial Group, LLC v. 5434 North Winthrop, 2015 IL App (2d) 150144 focuses on the “mere continuation” and fraud exceptions to the general rule of no successor liability - a successor corporation isn’t responsible for debts of predecessor - in a creditor’s efforts to collect a judgment from a business entity that is twice removed from the original judgment debtor. The plaintiff obtained a breach of contract judgment against the developer defendant (Company 1) who tr

In the last month, Davis McGrath, LLC, scored a “hat trick” when it secured victories in three emergency injunction matters heard in federal and state courts on behalf of both plaintiffs and defendants. In the U.S. District Court for the Northern District of Illinois, the Firm obtained a Temporary Restraining Order (“TRO”) in favor of its client — a national food distributor — in a case involving an ex-employee who violated various restrictive covenants in his employment and

The Illinois Supreme Court recently reversed the Third District Appeals Court and found that an engineering firm’s pre-development services supplied to an unfinished real estate project were still lienable even though the services didn’t physically alter the land or improve the property value. In Burke Engineering, Ltd. v. Heritage Bank of Central Illinois, 2015 IL 118955 (Nov. 19, 2015), Plaintiff was hired in April 2008 by a future property owner (“Owner 2”) who was in the

Davis McGrath, LLC recently obtained a successful settlement for one of its contractor clients in a mechanics lien case filed in the Cook County Chancery Division. The firm’s client, a commercial fuel distributor, supplied fuel to a demolition contractor on a large industrial project near Evanston Illinois. When the contractor failed to pay, The firm filed a mechanics lien on the property and then sued to foreclose the lien and to recover under a payment bond from the bondin

The word for it is insidious. It might not exactly be illegal, but it’s definitely insidious. I’m referring to a recent wave of trademark scams, designed to extract unnecessary payments from unwitting owners of federal trademark registrations. Trademark scams are not new, but like the flu there is a particularly virulent strain going around now. So trademark owners beware: don’t write any checks concerning your federal trademark registration until you talk with your lawy

Program Description: Understand the Nuances of Single Member LLC Veil Piercing. How strong is the single member LLC veil? What are the leading factors courts consider, and when will the single member LLC veil be pierced to find "alter ego" liability? Our knowledgeable faculty will bring you up to speed with case law, recent trends and a walk through the top factors and evidence that lead to the piercing of single member LLCs. You will also learn what can be done on the front