News | Mandell Menkes LLC | Chicago-based Litigation and Transactional Law Firm

Mandell Menkes Brings a Potentially Devastating Medical Data Breach to a Successful Conclusion

March 21, 2012

On March 7, 2012 the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) issued notice to Mandell Menkes that it had concluded its investigation of a security breach involving protected health information (PHI) maintained by Mandell Menkes’ client, and did not intend to take any further action. The letter marked the end of a series of events which were set in motion six months earlier when the OCR, acting on a third party complaint, found medical records of thousands of the client’s patients allegedly abandoned in the garage of a residential building. Mandell Menkes represented the client in every stage of the process, from forming its strategy and its initial response to the OCR to the successful conclusion of the investigation. During the process, Mandell Menkes worked with the client to revise its documents and procedures to prevent a similar situation from recurring in the future.

Elizabeth Morris joins Mandell Menkes

March 21, 2012

Ms. Morris is a 2008 graduate of the University of Chicago Law School. Before joining Mandell Menkes, Ms. Morris clerked for the Honorable Rita Novak of the Circuit Court of Cook County, Chancery Division, where she worked on a broad variety of equitable matters that included insurance coverage cases, administrative reviews, non-competes, injunctions, property disputes, and trusts. Before her clerkship, she was a litigation associate at a large firm in Chicago and worked in a number of different areas, including intellectual property, securities, and internal investigations, and pro bono matters, including a habeas corpus case.

Social Media, Data Privacy, Online Gambling, and Other Hot Topics in Advertising & Promotions

March 15, 2012

Steve Baron will be one of the experts discussing what you should know about ads and promotions in 2012 and beyond.

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

February 6, 2012

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

February 2, 2012

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 Lawyers Obtain Dismissal in CRM Implementation Case

January 26, 2012

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.”

Mandell Menkes wins summary judgment in technology licensing dispute

October 21, 2011

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 owed to him under a technology licensing agreement.

Defamation lawsuit against two newspaper employees dismissed

October 10, 2011

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.

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

October 7, 2011

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.

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

September 21, 2011

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.

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

September 15, 2011

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

July 8, 2011

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.

John Fitzpatrick elected to Mandell Menkes partnership

May 1, 2011

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.

Case dismissed against financial institution represented by Mandell Menkes

April 11, 2011

On April 11, 2011, Mandell Menkes attorneys obtained a dismissal of a counterclaim filed against its client, a banking institution, in a foreclosure action pending in the Circuit Court of Cook County, Illinois. The Defendant first appeared in the foreclosure case in September 2010 and filed an answer which he later amended to include 12 affirmative defenses and a 7 count counterclaim. Our attorneys successfully moved to dismiss all of the defenses and counterclaims.

Mandell Menkes lawyer speaks at a seminar on publishing law

April 9, 2011

A Mandell Menkes lawyer recently presented a lecture entitled “Fact and Fiction: Defamation and Rights of Privacy/Publicity” to a trade association.

Steve Baron led the panel through a discussion outlining the various tort claims that publishers and authors commonly face, including defamation, privacy, publicity, and related actions, as well as providing tips on minimizing the risks of such claims.

Magazine wins motion for preliminary injunction and the plaintiff dismisses its trademark infringement claims

December 22, 2010

Mandell Menkes lawyers forced the voluntary dismissal of a suit for trademark infringement, dilution, unfair competition and palming off filed against a popular culture and entertainment magazine for parents in Chicago. Plaintiff, a free publication for Chicago parents, claimed that the magazine’s use of a phrase that included the publication’s title violated, among other things, the publication’s state trademark rights.

Mandell Menkes wins summary judgment on behalf of major insurance company

November 30, 2010

Mandell Menkes successfully argued that no coverage extended to a claimant because, at the time of the decedent’s death, a required medical examination had not been completed. In addition, Mandell Menkes maintained that even if coverage began before the decedent’s death, material misrepresentations on the insurance application voided any coverage. The district court agreed, granting summary judgment in favor of the insurer on all plaintiff’s claims.

Newspaper and reporter prevail on motion to dismiss a defamation lawsuit

October 4, 2010

Mandell Menkes lawyers prevailed on a motion to dismiss a defamation suit on behalf of a Rockford newspaper and reporter. The matter arose following publication of an article detailing a public meeting of the Winnebago County Board Economic Development Committee.

Mandell Menkes successfully challenges foreign claimant’s eligibility to recover statutory damages under the Copyright Act

December 10, 2009

The U.S. District Court for the Northern District of Illinois issued multiple motion rulings which advanced Mandell Menkes’ successful effort to insulate a Chicago-based radio station from statutory damages in a copyright infringement lawsuit.

The plaintiff, a foreign news correspondent, alleges in the lawsuit that the station infringed his copyrights by airing without his authorization a series of news dispatches originally broadcast in Europe. The parties have disputed a number of novel legal issues during the course of the litigation concerning whether the plaintiff can recover statutory damages afforded by the Copyright Act (the “Act”).

Rebecca Edwards joins Mandell Menkes

October 1, 2009

Ms. Edwards is a 2003 graduate of Tulane University College of Law. Her practice focuses on advising clients on business organization, governance and long-term strategies in addition to commercial litigation. Before joining Mandell Menkes, Ms. Edwards dedicated the majority of her time to assisting public companies with U.S. Securities and Exchange Commission reporting obligations, securities offerings and compliance matters. As a law student, Ms. Edwards was a judicial extern for the United States District Court, Eastern District of Louisiana. Before receiving her law degree, Ms. Edwards worked for two years as a publisher’s assistant for a New Orleans-based newspaper. Ms. Edwards is admitted to practice in Illinois and Louisiana. Mandell Menkes is pleased that Ms. Edwards joined its team and anticipates she will be an asset to the firm and its clients.

Mandell Menkes attorney presents program on copyright law to graphic arts institute

May 13, 2009

On May 13, 2009, Mandell Menkes partner Steve Baron served as a panelist for a program entitled “Copyrights and Copywrongs for the Graphic Designer,” addressed to the American Institute of Graphic Arts in Chicago.

District Court dismisses copyright infringement case against publisher represented by Mandell Menkes

August 18, 2008

Mandell Menkes successfully defended publisher Mira Books in a copyright infringement suit. The plaintiff originally submitted a manuscript to Mira Books for consideration. Mira Books rejected plaintiff’s submission, and plaintiff alleged that Mira Books later published a similar novel that copied portions of her manuscript.

Mandell Menkes wins Motion to Dismiss on behalf of major insurer

August 18, 2008

A federal magistrate entered judgment in favor of Mandell Menkes client Metropolitan Life Insurance Company after granting a motion to dismiss all counts of an amended cross claim. Sharp Electronics Corporation filed the amended cross claim against MetLife in connection with underlying ERISA disability benefits litigation. In the amended cross claim, Sharp alleged that defenses MetLife raised during court supervised mediation in the underlying disability benefits litigation amounted to, among other things, a breach of fiduciary duty under ERISA.

Mandell Menkes Fortune 500 client prevails in federal Jury Trial

June 20, 2008

Following a four-day trial, a jury returned a defense verdict in favor of Mandell Menkes client Federal Signal Corporation and against Plaintiff Kim Wehrenberg. Plaintiff alleged that, after his termination as the company’s general counsel, Federal Signal breached an agreement to provide him unimpeded access to funds it held in a trust reserved for top company executives.

The controversy began in February of 2004 when Federal Signal terminated the Plaintiff and the parties entered into a separation agreement. As part of the agreement, Federal Signal agreed to provide Plaintiff “full access” to deferred compensation, which had largely been awarded in the form of Federal Signal stock. Plaintiff claimed he did not have full access because Federal Signal refused to pay him the cash value of the stock. Plaintiff also claimed that Federal Signal prevented him from selling the stock by giving him material, non-public information, thereby making him a “tippee” who had to hold his stock for a period of time. He alleged that, by the time he could liquidate his stock, he had lost several hundred thousand dollars.

Steve Baron moderates program on intellectual property issues at Illinois State Bar Association seminar

May 5, 2008

On May 5, 2008, Mandell Menkes partner Steve Baron spoke to approximately 50 people attending the Illinois State Bar Association’s full-day seminar “What Every Lawyer Should Know About Intellectual Property.” Mr. Baron moderated the program and also spoke on the topic “The Basics of Privacy and Publicity Law.” If you would like to learn more about their presentations, please email Mr. Baron at sbaron@mandellmenkes.com.

Mandell Menkes lawyers win summary judgment in newspaper defamation suit

February 4, 2008

Mandell Menkes lawyers prevailed on cross-motions for summary judgment in a defamation suit on behalf of a north suburban Chicago newspaper. The matter involved the newspaper’s publication of an advertisement for an imported household appliance popular in the Chicago Korean and Korean-American community. The advertisement, placed by a local business authorized to sell the appliance, warned potential consumers against purchasing the appliance from unauthorized retailers. The plaintiff, an unauthorized retailer specifically referenced in the advertisement, sued the newspaper for defamation and violation of the Uniform Deceptive Trade practices Act. On cross-motions for summary judgment, the court found for the newspaper, holding that the advertisement language was not defamatory as a matter of law. In addition, the court found that the plaintiff could not establish the falsity of the advertisement and that the newspaper submitted evidence sufficient to demonstrate that the advertisement was substantially true. Mandell Menkes associate Natalie Harris drafted the summary judgment briefs and argued the motion with the assistance of partner Steve Mandell.

Mandell Menkes on NPR

July 18, 2007

When NPR ran a story about an advertising agency’s complaint that the makers of the The Simpsons Movie stole the agency’s idea to turn the real world into the Simpson’s fictional world of Springfield, NPR turned to Steven Baron for legal advice.

Mr. Baron was interviewed by Elizabeth Blair on National Public Radio’s “Morning Edition” about the legal claims that may arise out of theft of ideas. To listen to the segment, click here.

Mandell Menkes Lawyers win ERISA cases on summary judgment.

September 21, 2006

Mandell Menkes lawyers secured grants of summary judgment in favor of one of the nation’s leading providers of insurance in two unrelated cases in the Northern District of Illinois.

In the first matter, Brown v. Metropolitan Life Ins. Co., 463 F. Supp. 2d 847 (N.D. Ill. 2006), the court affirmed the plan administrator’s determination that the plaintiff did not qualify for long term disability where plaintiff failed to submit proof of continuing disability. The court stressed the importance of the plan administrator’s reliance on the job description provided by plaintiff’s employer, which was reviewed by the independent physician consultant and incorporated into his conclusions regarding plaintiff’s condition.

Mandell Menkes lawyers present commercial lending seminar

May 1, 2006

Mandell Menkes attorneys in the commercial lending practice gave a full day seminar at the Hyatt Regency Hotel in Chicago to an audience of bankers, banking attorneys and corporate financial officers. The Mandell Menkes lawyers were joined on the speaker’s platform by two prominent bankers whose institutions are clients of the firm.

Candelario Martinez, Senior Vice President and Director of Originations with Wells Fargo Bank opened the program by discussing analytical tools for solid commercial lending decisions. Candelario and Bruce Menkes of Mandell Menkes then focused on the initiation of the loan process and the commitment stage.

Mandell Menkes lawyer speaks at intellectual property conference

May 1, 2006

A Mandell Menkes LLC partner served as a panelist at a seminar sponsored by the Illinois State Bar Association in Chicago entitled “What Every Lawyer Should Know About Intellectual Property.” Steven Baron presented a segment on the basics of privacy and publicity law, focusing on how to identify and protect clients against potential claims for invasion of privacy and misappropriation of right of publicity. For more information about the seminar or to receive materials from the program, please contact the Illinois State Bar Association.www.isba.org

Mandell Menkes lawyers win Jury Trial

April 20, 2006

Mandell Menkes lawyers won a jury trial in Illinois state court for a firm client that is a Fortune 500 financial services company.

The case involved an allegation of anticipatory breach by a company (and its owner) that had borrowed money to purchase a chain of medical clinics. The lender, Mandell Menkes’ client, counterclaimed for the unpaid principal on the loan as well as interest and collection costs.

The jury returned a verdict against the plaintiffs on the plaintiffs’ claims and on behalf of the lender on its counterclaim. Mandell Menkes’ client was also awarded attorneys fees and costs. Mandell Menkes partner Steve Rosenfeld was the lead trial attorney on the case.