Champaign Commercial & Business Litigation Attorneys

In this article, our Champaign commercial litigation lawyers explain how motions to dismiss can be used to dispose of unmeritorious business lawsuits. The first step in initiating business litigation is to file a complaint that states facts leading to a cause of action that would entitle the plaintiff to damages. If the defendant can show that the complaint fails to state facts leading to a cause of action or if there is another affirmative matter that would cause the case to be dismissed without a trial, the court will grant the motion to dismiss, potentially terminating the litigation in the early stages. 

In this article, our Champaign business litigation lawyers explain written discovery in commercial litigation. Written discovery consists of interrogatories (written questions), requests for production of documents, and requests that the other party admit or deny certain facts. The purpose of written discovery is to reduce the number of issues at trial and allow the attorneys to understand the other side's position, paint the other side into a factual corner, and prepare for depositions. 

In this article, our Champaign commercial litigation attorneys explain the Business Judgment Rule for corporate officer and director liability in Illinois. When it comes to shareholder derivative lawsuits for breach of fiduciary duty, the Business Judgment Rule provides an important defense to Illinois corporate officers, providing a legal basis on which to dismiss such suits at the pleading stage.  It is wise for all corporate officers and directors to familiarize themselves with this rule, its exceptions, and its application. The Business Judgment Rule, also referred to as the Business Judgment Presumption, is a case law-derived doctrine in corporate law that creates a defense against personal liability for corporate officers, directors, managers, and other agents of a corporation. According to the business judgment rule, corporate agents cannot be held personally liable for actions that they take in the ordinary course of business if they are using their best business judgment and acting in good faith. It is a standard of judicial review of corporate director conduct; it is not a standard of conduct in itself.