How to Prove Discriminatory Intent in Employment Discrimination Appeals
In employment discrimination appeals, proving that an employer acted with unlawful intent is often the most challenging hurdle. Federal and Illinois courts don’t reweigh the facts; they review the record for legal or procedural errors. That means any evidence of discriminatory motive must already be in the file. For workers in...
Don’t Skip The Reply Brief
Having the final word in an argument or debate can prove decisive. For litigators, it is thus an opportunity that should not be wasted. Yet, a recent United States Court of Appeals for the Seventh Circuit decision laments that many lawyers do just that. The Seventh Circuit highlighted the disturbing trend...
Over $600,000 Returned to Two Amazon Sellers
Last week, I convinced a federal judge in the Northern District of Illinois to unfreeze two seller’s Amazon accounts in a Schedule A lawsuit. My clients, Amazon merchants, had their accounts frozen for three months. For one store, the revenue for the allegedly infringing items sold was $18,519 while the frozen...
How to Defend Against IP Infringement Claims on Temu
Selling on Temu can open doors to a wide market, but it also means dealing with unexpected challenges—like intellectual property infringement claims. If you’ve been accused of violating someone’s copyright, trademark, or patent, it’s easy to feel overwhelmed. But not every claim is valid, and you do have options. Whether the issue...
How to Protect Your Business Assets During Schedule A Litigation
If you’ve just learned your business is involved in Schedule A litigation, you’re likely facing an unexpected freeze on your assets and scrambling for answers. These cases can disrupt operations quickly and leave you wondering what comes next. The good news is there are steps you can take to protect what you’ve...
Christopher Keleher Speaks At Schedule A Panel Discussion
Yesterday, I had the honor of speaking at Chicago-Kent College of Law about Schedule A litigation. I was on a distinguished panel which included Kent Law Professor Sarah Fackrell. The discussion was entitled "Enforcing IP in the Amazon Era." We took a deep dive into the nuances of Schedule A litigation and...
Publication in Indiana Bar Journal Magazine
I had the honor of being published as the cover article in the latest volume of the Indiana Bar magazine, Res Gestae. The article, "Litigating Speedy Trial Rights In Indiana," examines the difficult balancing act judges must take in ensuring criminal defendants' speedy trial rights are protected while recognizing the realities of litigation...
Federal Court Cites Article Written By Christopher Keleher
A federal district court, the Northern District of Illinois, recently cited an article by Christopher Keleher in an important employment case concerning the Fair Labor Standards Act, Arroyo v. Olde Eng. Gardens, No. 20-cv-2751, 2024 U.S. Dist. LEXIS 212005; 2024 WL 4851523 (Nov. 21, 2024). Keleher's article, The Perils of Unpaid Internships, 101 Ill. B.J....
eBay Intellectual Property Disputes: What Sellers Need to Know
Individuals and businesses who sell on eBay may find themselves the target of an intellectual property violation notice. eBay allows IP holders to report listings that violate their copyright, trademark, or patent. Sellers can protect themselves by learning the steps they can take to respond to a claimed violation.
Common Pitfalls in Criminal Appeals and How to Avoid Them
After being convicted of a crime in Illinois, you talk with your trial attorney and begin to suspect that mistakes were made. Perhaps prejudicial comments were allowed into the record, or the judge allowed unreliable evidence to shape the verdict. Regardless, you start to realize that your trial was not conducted...