We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 71

Illinois court either confirms or limits scope of Illinois sales representative statute

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 14 2014

The Illinois Sales Representative Act (820 ILCS 1200.01 et. Seq.) ("Act") is intentionally very favorable to sales representatives. It protect sales

Freedom of contract goes too far - $4.3 million escrow is not liquidated damages, but unenforceable penalty

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 20 2014

One of the principals courts repeatedly cite is that of freedom of contract. For example, in a recent Risk Management Update, we discussed the case

Claimant loses big jury verdict award of $1.1 million by waiving and not pursuing damage theory

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • January 29 2014

Dr. Aristo Vojdani was the owner of Immunosciences Lab, Inc. In June 2007, Dr. Vojdani and Immunosciences (referred to for convenience as "Vojdani"

"Fiasco" creates "peculiar case" unpaid creditor loses chance for summary judgment

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • December 27 2013

A common scenario in which a bank offered a line of credit based on a daily cash collateral report created a "peculiar case" which the court

Slow creditor loses out on chance to collect $8 million

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • December 13 2013

There are cases when creditors, who are rarely favored with the passage of time, wait far too long to collect their debt. An example of a creditor

Protecting "Cracker Barrel" trademark: Kraft Foods has good week, Starbucks and Cracker Barrel do not

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 26 2013

As was widely reported, on November 12, Kraft Foods won a $2.23 billion arbitration award against Starbucks arising from Starbucks' early termination

Warning to corporate plaintiffs: beware of suing in a state where you are not qualified

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 21 2013

Corporations are created under state law. A corporation created under the law of one state can transact business in another (foreign) state, but only

When does competition become tortious interference?

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 9 2013

It is common for parties who feel injured when the other party breaches its contract to claim damages. Of course, the most likely target is the other

Former NBA star has to take his game to another level appeals court refuses to enforce NBA star's personal guaranty

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • August 1 2013

Tim Grover is a celebrity athletic trainer whose clients have included Michael Jordan, Dwayne Wade, Scottie Pippen and other current and former NBA

Limitation of liability contract provision enforced hotel owner loses $4.1 million

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • July 8 2013

It is common for a contract to include provisions that allocate risks and liabilities among the parties. These could range from a complete exclusion