Franchise Terminations: Defenses and Legal Representation
Lubin Austermuehle Blog
by Peter S. Lubin and Patrick Austermuehle
3d ago
In the world of franchising, the termination of a franchise agreement can be a complex and contentious issue. Franchisees facing termination must understand their rights and the defenses available to them. Equally important is choosing the right legal representation to navigate these challenging waters. Defenses to Franchise Termination Breach of Contract by Franchisor: If the franchisor has failed to uphold their end of the franchise agreement, this can be a strong defense. Examples include not providing agreed-upon support or infringing on the territory rights of the franchisee. Lack of Pro ..read more
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What are the Defenses to Libel and Defamation Claims in Ilinois
Lubin Austermuehle Blog
by Peter S. Lubin and Patrick Austermuehle
1w ago
Under Illinois law, various defenses are recognized for libel actions. The first defense is the innocent construction doctrine. This doctrine posits that if a statement could be construed in a non-defamatory way, it cannot be considered defamatory. Another defense is the expression of opinion. Statements of opinion, even if they are defamatory, do not result in a defamation claim if the statement cannot be reasonably interpreted as stating actual facts. The statement must have a precise and readily understood meaning, be verifiable, and its literary or social context should signal that it has ..read more
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Understanding the Freeze Out or Squeeze Outs of Minority Owners in Illinois Closely Held Companies
Lubin Austermuehle Blog
by Peter S. Lubin and Patrick Austermuehle
2w ago
In the business world of closely held companies in Illinois, minority shareholders often find themselves vulnerable to what is known as a “freeze out” or “squeeze out.” This blog post delves into this phenomenon, exploring what it means, how it happens, and the legal backdrop in Illinois that governs such situations. What is a Freeze Out/Squeeze Out? A freeze out or squeeze out occurs when majority shareholders in a closely held company engage in practices aimed at marginalizing, reducing, or eliminating the minority shareholders’ stake in the company. This can be done in various ways, such as ..read more
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Why You Should Choose Lubin Austermuehle for Trade Secret Theft or Non-Compete Matters
Lubin Austermuehle Blog
by Peter S. Lubin and Patrick Austermuehle
2w ago
In the complex world of trade secret theft and non-compete litigation, having the right legal team on your side is critical. Lubin Austermuehle, with its strong online presence at www.thebusinesslitigators.com and www.l-a.law, stands out as a premier choice for handling these intricate legal matters. Here are compelling reasons why they should be your go-to firm: 1. Experience in Trade Secret and Non-Compete Litigation Lubin Austermuehle has a proven track record in successfully handling trade secret theft and non-compete cases. Their deep understanding of the legal complexities in these areas ..read more
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Why Contact Lubin Austermuehle for Your Business Dispute in Illinois? Call Us For A Free Consultation.
Lubin Austermuehle Blog
by Peter S. Lubin and Patrick Austermuehle
2w ago
Extensive Experience in Partnership, LLC Member, and Shareholder Disputes At Lubin Austermuehle, we understand the complexities of business disputes in closely held companies. Whether you are facing a partnership disagreement, LLC member conflict, or shareholder dispute, our experienced attorneys are here to provide you with the guidance and representation you need to protect your interests. Personalized Attention for Closely Held Companies ..read more
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Why Choose Lubin Austermuehle for Corporate Oppression Matters
Lubin Austermuehle Blog
by Peter S. Lubin and Patrick Austermuehle
1M ago
When facing corporate oppression, selecting the right legal representation is crucial. Lubin Austermuehle stands out as a firm capable of effectively handling such complex legal matters. Here’s why you should consider them for your corporate oppression case: 1. Concentration in Corporate Law Lubin Austermuehle possesses a deep understanding of corporate law, including the nuances of corporate oppression. Their experience in dealing with closely-held companies and understanding the dynamics of shareholder relationships positions them well to address the unique challenges of corporate ..read more
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Navigating Fair Compensation in Closely Held Companies: The Legal Implications of Excessive Salaries
Lubin Austermuehle Blog
by Peter S. Lubin and Patrick Austermuehle
1M ago
In closely held companies, particularly LLCs and corporations with a limited number of shareholders, the issue of compensation for owners and shareholders can be a legal minefield. A significant concern arises when majority owners, often also serving as executives, award themselves excessively high salaries or compensation. This practice, while appearing to be a clever business strategy, can veer into illegality, particularly if it’s done with the intent to minimize or avoid distributions to minority owners. Understanding the Legal Framework The legal principles governing such practices are ro ..read more
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Can a Business Sue as a Consumer Under the Illinois Consumer Fraud Act
Lubin Austermuehle Blog
by Peter S. Lubin and Patrick Austermuehle
1M ago
Yes, a business can be considered a consumer under the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) and can therefore file a suit under this Act. The ICFA allows private plaintiffs, including corporations, to file a suit if they can demonstrate damage due to a violation of the Act. The Act is designed to protect consumers, borrowers, and businesses against fraud, unfair competition, and other unfair and deceptive business practices. Importantly, the Act extends its protections to business entities as well. The term “consumer” under the ICFA is defined as any person who p ..read more
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Can I be Sued for Defamation for Posting Internet Reviews
Lubin Austermuehle Blog
by Peter S. Lubin and Patrick Austermuehle
1M ago
In general, you can be sued for posting internet reviews, even if they are truthful and critical, but the likelihood of the lawsuit being successful depends on various factors. Here’s a breakdown of the legal considerations: Truth as a Defense: Truth is a key defense against defamation claims. In most jurisdictions, if the statements you made in your review are true or are your genuine opinion, it’s less likely that a defamation lawsuit against you would succeed. Opinion vs. Fact: Expressing an opinion is typically protected speech, but stating something as a fact that can be proven false cou ..read more
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In Illinois a Minority Member can Bring a Derivative Lawsuit as a LLC Member on Behalf of the LLC
Lubin Austermuehle Blog
by Peter S. Lubin and Patrick Austermuehle
1M ago
In Illinois, the situation regarding LLC minority members bringing a derivative lawsuit for member oppression is quite specific. The Illinois Limited Liability Company Act allows LLC members to file a derivative action to protect the interests of the LLC. This is particularly relevant when the LLC itself has a cause of action, but the managers or members have failed to pursue it. Such a derivative action enables members to enforce the rights of the LLC and recover damages on its behalf. However, it’s important to understand that a derivative action is distinct from a member oppression claim. W ..read more
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