Law Office of Marc N. Blumenthal

Attorneys

History

From 1981-1985, Mr. Blumenthal was corporate counsel for Chart House, Inc. (Diversifoods, Inc.) and, then, Entre Computer Centers, Inc. where he concentrated in franchise, securities and corporate law. Mr. Blumenthal has been in private practice since 1985.

Reported Litigation:

Jensen v. Quik, 213 Ill. 2d 119; 820 N.E.2d 462; 2004 Ill. LEXIS 1675; 289 Ill. Dec. 686, November 18, 2004; 801 N.E.2d 1124, 2003 Ill. App. LEXIS 1494 (1st Dist. 2003), one of the first franchise cases to go to the Illinois Supreme Court. The Illinois Supreme Court reversed the Appellate Court and the Circuit Court, in deciding that the issue of rescission must be submitted to arbitration. In the opinion, the Supreme Court found that the franchisor was not registered, which Illinois franchise law required to sell a franchise, but decided this was not a condition precedent based on its interpretation of the Illinois Franchise Disclosure Act. In doing so, it rejected an appellate opinion rendered more than twelve years ago.

Kissinger, Inc. v. Singh, 2003 U.S. Dist. LEXIS 23265 (W.D. Mich. November 25, 2003), which found that a franchisor was entitled to royalties and attorneys fees, but was not entitled to lost profits.

Hengel v. Hot 'n Now, Inc., 825 F. Supp. 1311 (N.D. Ill. 1993) which made law in Illinois with respect to the Illinois Franchise Disclosure Act's statute of limitations section, and the implied covenant of good faith and fair dealing.

Genin, Trudeau & Co., Limited v. Integra Development International, and Zak Designs, Inc. 845 F. Supp. 611 (N.D. Ill. 1994), which involved issues related to the licensing of a trademark to manufacture and distribute a product.

Collier v. Murphy, 2003 U.S. Dist. LEXIS 4821; 2002 U.S. Dist. LEXIS 23632, which involved right of publicity and privacy issues, decided after a motion to transfer was denied.

Aprile Seafreight v. Global Freight, Inc., 2005 U.S. Dist. LEXIS 32797(N.D. Ill.), which involves issues related to contract, negligent misrepresentation, conspiracy and trade secrets.