The Corporate Opportunity Doctrine: An Illinois Primer

I typically encounter a corporate opportunity issue (a claim that a defendant usurped a corporate opportunity) in situations where a former employee goes to work for a competitor and the ex-employer claims the employee is exploiting a business opportunity he learned of solely through his association with the employer. The employer will usually sue for …

Illinois Agency, Ratification and Alter-Ego Basics: Case Snapshot

Photo credit: passionateproject.blogspot.com Several recurring commercial litigation issues are examined in Saletech, LLC v. East Balt, Inc., 2014 IL App (1st) 132639, a case that chronicles a dispute over a written distribution agreement for the sale of bakery products. The plaintiff entered into the agreement with a Ukranian subsidiary  of various U.S. companies.  The plaintiff sued these …

Serving the Elusive Tenant: The Illinois Forcible Statute’s ‘Posting’ Rules

In Equity Residential v. Nasolo, 364 Ill.App.3d 26 (1st Dist. 2006), the Court held that four unsuccessful Sheriff service attempts over a six-day period didn’t qualify as “due and diligent inquiry” under the service by posting section of the Illinois forcible statute. Vacating the possession order, the Court stated the key service of process rules: …