February 8, 2016

Contract rights are assigned fairly often, especially in the mortgage loan and credit card contexts.  In the former mortgage scenario, it’s common for a promissory note to be assigned multiple times during the note’s lifespan.

 

When there’s eventually a note default, it becomes a challenge for the noteholder to trace h...

February 1, 2016

 

The misnomer and mistaken identity doctrines each involve situations where a plaintiff has sued a defendant too late.   Misnomer is basically a spelling error. The plaintiff can correct a misspelled defendant’s name at any time, even after judgment.  735 ILCS 5/2-401(b).  

 

With mistaken identity, the analys...

January 27, 2016

 

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 D...

January 26, 2016

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 th...

January 13, 2016

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 d...

December 27, 2015

 The Illinois’ Wage Payment and Collection Act, 820 ILCS 115/1 et seq. (the “Act”) offers an unpaid employee strong recourse against his former employer.

 

Not only can a corporate employer be liable under the Act to the employee claimant, but so can the individual corporate officer in some cases. See Act, ss. 2, 13.  

 

...

December 11, 2015

 

If there were a Hall of Fame for cybersquatters, John Zuccarini would be the Babe Ruth of that infamous pantheon.  William Purdy might be the Willie Mays or Ty Cobb.  Brian Wick, the Hank Aaron of the group, liked going after the names of large law firms.  Dennis Toeppen, one of the earliest stars, would be the Walte...

December 2, 2015

Recently, Davis McGrath attorney, Paul Porvaznik wrote an article that was published in the Chicago Law Bulletin. Read the story in its entirety, here: http://bit.ly/1PwPgFm

 

November 30, 2015

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...

November 25, 2015

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 (“...

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Copyright Act Doesn’t Pre-empt Shufflin Crew’s Right of Publicity Suit – Northern District of Illinois

August 25, 2015

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