Express Trusts and Bankruptcy Discharge: some Quick Hits

Adas v. Rutkowski, 2013 WL 6865417 (N.D.Ill. 2013), illustrates the confluence of Federal bankruptcy law and state law fiduciary duty and express trust principles in a case involving a failed construction partnership. The plaintiff and bankrupt debtor (defendant) formed a partnership to buy real estate, build a house  on it and split the profits once the house was sold. …

Building Owner’s Lawsuit Against Security Firm Rejected in Chicago Jeweler Building Damage Case

This post involves a storied building in Chicago’s Diamond District.  St. Paul Mercury Insurance v. Aargus Security Systems, Inc., 2013 IL App (1st) 120784, examines the nature and scope of an independent contractor’s liability in a multi-million dollar property damage case. Facts: The Mallers Building (see 1993 article here) is a nearly century-old, 21-story building in downtown Chicago that primarily houses jeweler tenants.  In the …

Illinois Lawyer’s Practice Management Software Qualifies for Trade Secret Protection

Geraci v. Amidon, 2013 IL App (2d) 120023-U, exhaustively analyzes Illinois trade secrets law in the context of a pitched battle between two competing law firms and their respective practice management software programs.  The plaintiff, a bankruptcy attorney whose ubiquitous television presence is likely familiar to most Chicagoland viewers, sued a former employee and competing bankruptcy firm under the Illinois Trade …