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Conan Doyle's Estate's quixotic efforts to prevent publication of Sherlock Holmes book

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • June 30 2014

A recent case from the 7th Circuit Court of Appeals illustrates the time and expense required to respond to even a non-meritorious claim of

Case again illustrates importance of terms and conditions especially choice of law seller may lose chance to claim interest and attorneys' fees

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

VLM Food Trading International, Inc. (VLM) was a Canadian agricultural supplier. One of its customers was Illinois Trading Company (Illinois Trading

Borrower escapes, but guarantor does not, on $17 million debt

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • May 2 2014

In a recent Risk Management Update, we reported on an Illinois case in which Michael Finley, former NBA star, avoided liability on his personal

Another case where freedom of contract goes too far a perpetual contract

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • April 15 2014

In an earlier Risk Management Update, we reported on a case in which a court refused to enforce what it perceived as an unenforceable liquidated

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