In Carhart v. Carhart – Halaska International, LLC, (http://law.justia.com/cases/federal/appellate-courts/ca7/14-2968/14-2968-2015-06-08.html) the plaintiff LLC member tried to shield himself from a lawsuit filed against him by the LLC by (1) taking an assignment of a third-party’s claim against the LLC; (2) getting and then registering a default judgment against the LLC; (3) seizing the LLC’s lone asset: its …
Tag Archives: breach of fiduciary duty
Company Exec Who Bilked His Employer Hit With Multi-Million Salary Forfeiture Judgment
The First District affirmed an almost $10M bench trial judgment in favor of a publishing company against one of its former officers in ICD v. Gittlitz, 2014 IL App (1st) 133277. The defendant engaged in a multi-year course of fraudulent conduct against his employer by issuing bogus expense reports and writing himself company checks for “advances” …
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 …
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