Employee Wellness Company’s Trade Secrets Claim Against Business Partner Fails – IL Appeals Court Sa

The plaintiff workplace wellness program developer sued under the Illinois Trade Secrets Act in Destiny Health, Inc. v. Cigna Corporation, 2015 IL App (1st) 142530, after it accused a prospective business partner pilfered its confidential data. Affirming summary judgment for the defendants, the First District appeals court asked and answered some important questions that often arise in trade secrets litigation. The impetus for the suit was the plaintiff’s hoped-for joint venture with Cigna, a global health insurance firm. After the parties signed a confidentiality agreement, they spent a day together planning their future business partnership. The plaintiff provided some secret actuarial a

Should There Be a Presumption Favoring Awards of Attorney’s Fees in Copyright Litigation?

Abstract (As seen in The John Marshall Review of Intellectual Property Law) Section 505 of the Copyright Act allows courts to award attorney’s fees to the prevailing party in a copyright case. Almost twenty years ago, the Supreme Court in Fogerty resolved a split among the circuits over the interpretation of that statute. First, it held that courts should apply several nonexclusive factors when determining if the prevailing party, whether defendant or plaintiff, should be entitled to recover attorney’s fees. Second, the Court refused to apply a presumption that the prevailing party will automatically recover attorney’s fees, opting instead for the districts courts to apply “equitable discret

The Charging Order: Enforcing a Judgment Against An LLC Member in Illinois

Section 30-20 of the LLC Act (805 ILCS 180/30-20) states that a creditor’s exclusive remedy is to obtain a “charging order” against the LLC member’s “distributional interest.” Illinois cases describe Section 30-20 as a special remedy designed to allow a creditor of an LLC member to realize the value of the debtor’s distributional interest in the LLC and also protect both the LLC’s ability to function and the other members’ LLC interests. The LLC Act defines “distributional interest” as a “member’s interest in distributions by the limited liability company.” A distributional interest is not salary, wages, draws or reimbursement. To reach an LLC member’s wages, for example, a creditor should

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