Mandell Menkes LLC

Reporters Committee for Freedom of the Press will partner with Mandell Menkes LLC for G-8 Summit in Chicago

dsullivan — Mon, 06 Feb 2012 14:52:50 +0000

The Reporters Committee is working with Mandell Menkes LLC to establish a hotline for journalists from around the world who will be covering the G-8 Summit in Chicago from May 15th through the 22nd. Hotline lawyers plan to work with police and public officials ahead of the political conventions and the G-8 Summit to help anticipate and resolve potential problems for journalists who may be arrested or detained during demonstrations or other disturbances that occur during the conventions.

Mandell Menkes client “The Duke of Earl” “In a Groovy Situation” following jury verdict

jfitzpatrick — Thu, 02 Feb 2012 17:02:20 +0000

In May of 2008, legendary Chicago recording artist Gene Chandler entered into a written contract with Canterbury Productions, a concert promotion company headed by Henry Farag, concerning Chandler’s performance of his greatest hits at an upcoming “Ultimate Doo Wop” concert at the Chicago Theatre. On May 10th, Chandler performed a 20 minute set, closing with his classic number 1 hit “The Duke of Earl”, and received a rousing ovation from the audience. After his performance, the producer’s brother, Robert Farag, angrily confronted Chandler in the upper wings of the theatre outside of Chandler’s dressing room. The situation escalated and led to a physical altercation in which Farag began throwing punches at Chandler. After Chandler’s son separated the two men, producer Henry Farag ordered a security team to evict Chandler from the theater, preventing him from singing in the ensemble finale of “Goodnight Sweetheart” and attending an after-show “Meet and Greet” reception with concertgoers. Farag then refused to pay Chandler’s $4,000 performance fee.

Mandell Menkes filed a lawsuit on Chandler’s behalf in August of 2008, seeking to recover his performance fee and to prevent Canterbury from continuing to use his name and likeness in promoting its business. Canterbury waited until at least June of 2009 to remove Chandler from its website.

On the breach of contract claim, the defendants contended that Chandler did not fulfill his contractual obligations because he did not participate in the Finale or the Meet and Greet. On the claim for violation of the Illinois Right of Publicity Act, the defendants admitted liability (using Chandler’s name and likeness for a commercial purpose without written permission) but asserted an affirmative defense that a 1 year statute of limitations precluded the claim. The defendants further argued that they had not willfully misappropriated the name and likeness and, therefore, the jury should not award exemplary damages.

Following a three day trial commencing on January 17, 2012, the jury entered a verdict for Chandler on both claims and found that Canterbury willfully misappropriated Chandler’s name and likeness. Accordingly, the jury awarded Chandler the full measure of damages sought for breach of contract, $1,000 in pre-set statutory damages for violation of the Illinois Right of Publicity Act, and $20,000 in punitive damages for willful misappropriation under the Act. Chandler is preparing to submit a post-trial petition for attorneys fees and costs which he may recover as a prevailing party under the Act. Mandell Menkes partner John Fitzpatrick served as lead counsel during the trial.

Mandell Menkes Lawyers Obtain Dismissal in CRM Implementation Case

dsullivan — Thu, 26 Jan 2012 18:16:34 +0000

On January 26, 2012, United States District Judge James Holderman issued an opinion granting Oracle’s motion to dismiss a complaint
seeking to collect from Oracle a judgment that the plaintiff received in an unrelated action for breach of contract against one of Oracle’s “business
partners.” The complaint, seeking relief under a single count of “Joint and Several Liability,” attempted to enforce the prior judgment against Oracle because of Oracle’s alleged partnership with the “business partner” without having to prove the underlying breach of contract allegations in the current action. Judge Holderman held that although a partner is liable under Illinois law for partnership debts, an alleged partner cannot be held liable for a judgment against one of its alleged partners when it is neither it nor the alleged partnership entity itself is a party to the underlying proceeding.

Judge Holderman explained that Illinois law “allow[s plaintiff to] recover from Oracle for the breach of contract if it can prove that Oracle and [the alleged partner] were partners. [The law] also would allow [the plaintiff] to recover from Oracle a judgment entered against the alleged Oracle/[business partner] partnership. Unfortunately, [plaintiff] seeks to do neither in the present lawsuit. Rather, it seeks to impose vicarious liability upon Oracle for a judgment to which it was not a party. While [Illinois law] allows [plaintiff] to bring a breach of contract action against Oracle, provided such a claim is timely, it does not allow [plaintiff] to proceed as it has attempted to do through its pending complaint.”

Stephen Rosenfeld and Rebecca Edwards were the Mandell Menkes lawyers representing Oracle in this matter.

Mandell Menkes wins summary judgment in technology licensing dispute

jfitzpatrick — Fri, 21 Oct 2011 21:54:50 +0000

On October 21, 2011, United States District Judge Elaine E. Bucklo issued an opinion entering summary judgment in favor of our client, MDS, Inc. Judge Bucklo found that the plaintiff could not dispute that he had been paid all royalties … Read More »

Defamation lawsuit against two newspaper employees dismissed

jfitzpatrick — Mon, 10 Oct 2011 05:00:22 +0000

Mandell Menkes lawyers prevailed on a motion to dismiss a defamation suit with ancillary claims for invasion of privacy, trespass, battery, assault and stalking on behalf of two central Illinois newspaper employees. The matter involved the newspaper’s report of an incident that ultimately led to plaintiff’s arrest and conviction for multiple criminal offenses.

The subject articles described the heroic efforts of one newspaper employee who noticed plaintiff acting suspiciously one morning on the street corner where he was servicing a newspaper vending machine. The employee reported that plaintiff appeared intoxicated and that he saw a large alcohol bottle on the front seat of plaintiff’s van parked on the street. Plaintiff initiated a brief altercation and then entered his vehicle. The newspaper employee kept watch over plaintiff and followed him in his own vehicle as plaintiff began driving erratically across town. The employee contacted police and followed plaintiff at a safe distance until he was apprehended by police and arrested. After reading the newspaper reports of the incident, plaintiff filed suit against the newspaper employee and the reporter who published the story of the incident. The newspaper employees moved to dismiss the complaint for failure to state any viable claims and on September 28, 2011, the court dismissed the entire complaint with prejudice. On October 14, 2011 the plaintiff filed a Notice of Appeal. Mandell Menkes partner Steven Mandell and associate Natalie Harris prepared the briefs in support of the motion to dismiss which was decided on the papers.

Jury awards our client full measure of damages on counterclaim and denies plaintiff’s claim

jfitzpatrick — Fri, 07 Oct 2011 05:00:34 +0000

A telecommunications provider represented by Mandell Menkes recently prevailed on all issues tried to a Cook County jury following two weeks of testimony and argument. The plaintiff in the case, a national storage company, alleged that our client committed common law fraud and negligent misrepresentation, violated the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFDBPA”), and breached a series of contracts by charging for telecommunications services the storage company did not use or want.

At the conclusion of the plaintiff’s case, the court entered a directed verdict in favor of our client on the common law fraud and negligent misrepresentation counts, and the plaintiff voluntarily dismissed its ICFDBPA claim with prejudice. In our client’s case in chief, we presented evidence of the terms of the parties’ contractual agreements and emphasized that the plaintiff actually owed our client a substantial sum for unpaid telecommunications services and products. After deliberating for five hours, the jury reached a verdict that: (1) denied any recovery to the plaintiff on its breach of contract claim; and (2) awarded our client, the telecommunications provider, all of the damages sought on its counterclaim plus termination fees and interest for overdue payments. Steve Rosenfeld led the Mandell Menkes trial team with assistance from Rebecca Edwards.

Mandell Menkes wins dismissal of defamation claims under Illinois anti-SLAPP statute

jfitzpatrick — Wed, 21 Sep 2011 05:00:40 +0000

Mandell Menkes recently successfully sought dismissal of claims of defamation and false-light invasion of privacy by asserting immunity under Illinois’s anti-SLAPP statute, the Citizen Participation Act (CPA). In Satkar Hospitality Inc. v. Cook County Board of Review, No. 10‑cv‑6682 (N.D. Ill. Sept. 21, 2011), the plaintiffs, who own a suburban hotel, claimed that WFLD, Chicago’s Fox television station, defamed them by reporting on a possible connection between campaign donations to a state representative and favorable results in property tax appeals. The plaintiffs had appealed their property tax assessment and received a substantial savings. After WFLD ran its report, the Cook County Board of Review held additional hearings and rescinded the plaintiffs’ tax reduction.

Mandell Menkes, representing WFLD, argued that WFLD’s reports were immune from liability under the CPA. The CPA provides broad immunity for “acts in furtherance of the constitutional rights to petition, speech, association, and participation in government,” “regardless of intent or purpose,” and requires that courts award attorneys’ fees to a party that wins dismissal.

Judge Matthew Kennelly granted WFLD’s motion to dismiss under the CPA. He rejected the plaintiffs’ argument that the CPA is unconstitutional. He found that the plaintiffs’ complaint was clearly based on WFLD’s reports, which “were directed at the public and addressed possible political corruption, an obvious matter of public concern,” and “were acts in furtherance of” WFLD’s “right to speak freely.” The court rejected the plaintiffs’ argument that the CPA should not protect “major media organizations” or defendants who are motivated by profit. The court further held that the CPA applies because “objective persons in defendants’ shoes could have reasonably expected to procure a favorable government outcome by publishing the reports,” and it rejected the plaintiffs’ argument that the CPA requires that the moving party “reached out directly to a government entity.”

Mandell Menkes attorneys Steve Mandell, Steve Baron, and Shari Albrecht represent WFLD (and related entities and individuals who were also named as defendants).

Steve Baron contributes to a panel on marketing hosted by a national media law committee

jfitzpatrick — Thu, 15 Sep 2011 05:00:00 +0000

On September 15, 2011, Mandell Menkes partner Steve Baron served as a panelist for a program entitled “Do’s and Don’ts of Using Facebook and Other Social Media Sites to Market Your Brand,” presented by the Media Law Resource Center Adverising and Commercial Speech Committee.

Mandell Menkes successfully defends record label against a motion for a TRO

tony — Fri, 08 Jul 2011 05:00:12 +0000

Mandell Menkes successfully represented Green Label Sound, a record label affiliated with PepsiCo, Inc., and Cornerstone Industries, Inc., in opposing a motion for TRO that sought to enjoin the release of an album on the eve of its scheduled release date.

The music group, The Cool Kids, previously had a contract with the label Chocolate Industries. The Cool Kids filed a declaratory judgment action against Chocolate in 2009, seeking a declaration that the contract is no longer in effect; that action remains pending in the Circuit Court of Cook County. In that action, Chocolate unsuccessfully sought a TRO to prevent The Cool Kids from releasing music through entities other than Chocolate.

The Cool Kids first released a single through Green Label Sound in February 2011. Although Chocolate knew about the group’s relationship with Green Label Sound, it delayed until July 8, 2011 – the Friday before a scheduled Tuesday album release – to present its motion for TRO. Judge Michael B. Hyman of the Circuit Court of Cook County denied the motion because Chocolate had failed to file a complaint and properly institute an action against Green Label Sound.

Chocolate then refiled its motion and a complaint alleging tortious interference with contract the following Monday, July 11. Green Label Sound immediately removed the matter to federal court. The same day – just one day before the planned release of The Cool Kids’ album – Mandell Menkes successfully argued that the court should deny the motion for TRO because of Chocolate’s delays and its failure to establish that GreenLabel Sound had been the cause of any alleged breach of the contract between The Cool Kids and Chocolate. U.S. District Court Judge Gary Feinerman denied Chocolate’s motion.

Steve Mandell of Mandell Menkes represented Green LabelSound, with the assistance of Natalie Harris and Shari Albrecht. Also representing Green Label Sound in this matter is the New York law firm of Caplan & Ross, LLP.

John Fitzpatrick elected to Mandell Menkes partnership

jfitzpatrick — Sun, 01 May 2011 05:00:21 +0000

Mandell Menkes is pleased to announce that it elected John Fitzpatrick to its partnership in May of 2011. Since being admitted to the Illinois bar in 2002, Mr. Fitzpatrick has successfully handled a series of complex litigation matters in forums across the country, devoting a significant portion of his time to trial work. The United States District Court for the Northern District of Illinois admitted him to its Trial Bar in 2006 after he met the bar requirements 4 years after graduating from the University of Texas at Austin law school in 2002. While attending law school, Mr. Fitzpatrick participated in the Wilson Mock Trial Tournament and remained active in the community, volunteering with Habitat for Humanity and tutoring elementary school children. He also authored an article published by the State of Texas bar entitled “A Review of Recent Texas Whistleblower Litigation.” Mr. Fitzpatrick regularly counsels clients involved in commercial disputes affecting intellectual property, e-commerce, corporate governance, class action claims and software. The firm looks forward to him continuing his outstanding work as a partner.