Tag Archives: litigation

"Why should you get to know your litigator before the complaint hits your doorstep," Anne Owings Ford interviewed by Smart Business Magazine

If you operate a business, someday you will find yourself in a dispute, or even embroiled in litigation. Whether you receive a complaint from a disgruntled former employee or you find yourself looking for the best way to recover money that your business is owed, you need another player on your team.

“Many business people believe that the litigator, unlike the transactional adviser, is a lawyer to be avoided until the last possible minute, in order to save money,” says Anne Owings Ford, a member with McDonald Hopkins LLC. “My experience tells me that a different model is better.”

Smart Business spoke with Ford about how litigation attorneys can support business owners and improve the business’s bottom line. 

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Davis & Gilbert’s Litigation Newsletter

In this issue, we report on some recent developments in the areas of commercial, employment, and intellectual property law. We also provide practical advice that may help you avoid costly litigation.

Bloggers May Not be Entitled to the “Reporter’s Privilege”  >>

Is There Tolling of Class Action Statutes of Repose? Only Time Will Tell  >>

Limits of Concepcion: Will Class Action Waivers be Upheld by the Lower Courts?  >>

NBA Player’s Broad Publicity Rights Claim Over a Reality TV Show “Rejected”  >>

Download Newsletter PDF  >>

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Steve Malitz successfully represents shareholder in suits brought against his client by a fellow shareholder

Arnstein & Lehr Attorney Steven N. Malitz

Steven L. Malitz

Arnstein & Lehr Chicago Partner Steven N. Malitz successfully represented a shareholder in two separate suits brought against him by his fellow shareholder. The two shareholders were founders and co-owners of a national goods business for many years. Although Mr. Malitz’s client had expanded the goods business into a foreign country to the benefit of both shareholders, the other shareholder accused Mr. Malitz’s client of dedicating his efforts to an unrelated, foreign business, though he had previously authorized such involvement. The other shareholder then denied his client physical and financial access to their business, eliminated his compensation, canceled his benefits, raided the corporate coffers, and sued to dissolve the business to start a competing business. He also sued Mr. Malitz’s client for an ownership interest in and distributions from the foreign business.

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Week of January 9, 2012 on ILNToday – A Roundup

It has been one busy week on ILNToday, with some excellent contributions from our members around the world! My top five posts for this week are:

  • Intellectual Property Bulletin of Kochanski Zieba Rapala & Partners: Our Polish experts at Kochanski Zieba Rapala & Partners delve into IP issues covering the question of whether opposition proceedings in a European patent case would have an impact on the Polish equivalent patent, and single color protection as trademark protection, which considers the details of the Louboutin case in the US.
  • International Litigation in London: Paul Howcroft of Fladgate is best known for his commentary on art law, but here, he gives us his litigation roundup for 2011 in London. 
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International Litigation in London

Arbitrator not an employee

The Supreme Court has reversed the decision of the Court of Appeal in Nurdin Jivraj v Sadruddin Hashwani [2011] UKSC 40, which was reported in the last issue of this newsletter. The Court of Appeal had confirmed a first instance decision that an arbitrator was employed to provide a service and contracted to do the work personally, and that accordingly Regulation 7 of the Employment Equality (Religion or Belief) Regulations 2003 applied.

The case involved an arbitration agreement which had stipulated that the arbitrators had to be members of the Ismaili community and for them to be respected members of the community and holders of high office within it.

To read the full newsletter, please click here.

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ABA Opinion Limits Lawyers’ Ethical Duty To Notify Opposing Counsel Upon Receipt Of Adverse Party E-mail Communications With Counsel

By: Jill Barbarino

When defending a litigation filed by a current or former employee, it is now routine practice for the employer’s counsel to review the employee’s workplace e-mails and computer for information relevant to the employee’s claims or the employer’s defenses.  This, of course, is consistent with the principle that the employer’s e-mail and computer systems are the property of the employer and employees have no expectation of privacy with respect to electronic communications sent or received via their employer’s systems.  If, however, an employee has communicated with his counsel using his work-issued e-mail address or computer, does defense counsel have an obligation to notify opposing counsel of his or her possession of the communications?

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Davis & Gilbert Intellectual Property Litigation Breakfast Seminar

Davis & Gilbert Intellectual Property Litigation Breakfast Seminar
September 21, 2011

Litigating Copyright Claims: Recent Developments and Practical Tips

Wednesday, September 21

This informative seminar will provide an update on recent developments in copyright law. It will focus on federal court cases in New York that highlight the:

  • increased use of motions to dismiss in copyright cases
  • appropriate use of expert witnesses in copyright cases
  • elements of “useful articles” that may be copyrightable
  • analysis of substantial similarity in a variety of contexts
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ILN Today Post

Davis & Gilbert – Litigation Newsletter


Davis & Gilbert LLP - Litigation Newsletter

Don’t let the slower pace of summer keep you from staying up-to-speed on your current business practices, especially those that may help you minimize your risk of litigation. In this issue, we report on recent developments in the areas of employment, commercial and intellectual property law, along with some practical advice to help you avoid costly disputes. 

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Mary Cannon Veed and Richard Hellerman obtain $760,000 jury verdict in favor of client

Arnstein & Lehr attorney Mary Cannon Veed

Mary Cannon Veed

Arnstein & Lehr attorney Richard K. Hellerman

Richard K. Hellerman

Arnstein & Lehr Chicago Partners Mary Cannon Veed and Richard Hellerman recently obtained a jury verdict in favor of one of the firm’s clients last week after a three-day trial in the Circuit Court of Cook County. Our client purchased a prefabricated roof in 2003 in connection with the construction of a stable and arena for horses. After the structure was completed, the roof began to leak, which caused the walls of the structure to rot and required that the entire structure be demolished and rebuilt. Our client sued the manufacturer of the roof for negligent design and breach of express warranty and the seller/contractor for breach of the sales contract and breach of implied warranty for the roof and its work. The defendants contended that the actions of other contractors caused the leaks, and also blamed excess condensation for the water damage. The jury deliberated for under 30 minutes before awarding our client every penny of her construction costs, over $760,000.

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The eighth to be nominated in Quebec, Canada’s sixtieth

RSS is proud to announce that Me Patrick Henry has been named Fellow of the Litigation Counsel of America (LCA). The LCA is a trial honorary society. Fellows are selected based upon excellence, accomplishment in litigation and superior ethical reputation.

Me Henry becomes the eighth Fellow of the LCA who practices law in the Province of Québec.

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