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” …
Author Archives: PaulP
Forum Selection Clause Dismissal Not ‘On the Merits’ – Plaintiff Can Refile in Another State
A forum selection clause is a contract term that specifies where (as in what state) a lawsuit must be filed if there is a future dispute. In Fabian v. BCG Holdings, 2014 IL App (1st) 141576, Plaintiff sued his ex-employer (a spin-off of the Cantor Fitzgerald security firm whose NYC office was decimated in the …
The Attorneys’ Retaining Lien: Dealing With Client Property Amid Unpaid Fees
When a lawyer-client relationship implodes, the lawyer is usually left with unpaid fees. And since Rule 1.16 of the Illinois Rules of Professional Conduct requires a fired (or firing) lawyer to return all client papers and property, the lawyer owed fees often has no leverage to secure payments due him. Enter the common law retaining lien. This lien allows …
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