Litigation

Litigation

Our litigation group is comprised of highly skilled trial attorneys who have achieved excellent results for clients in jury and bench trials, arbitrations and appellate proceedings. We love trying cases and our opponents know we aren’t afraid to take a case to trial. But trials can be expensive, and we view them as only one tool in the dispute resolution tool kit to be used when an acceptable resolution is unattainable by other means. When a dispute arises, we have found that our clients prefer an early and objective evaluation that allows them to decide when to litigate and when to explore alternatives to litigation, including mediation. We pride ourselves on seeking creative and aggressive means to achieve successful results for clients at the earliest possible stage, including through motion to dismiss and summary judgment proceedings.

The Litigation Group at Fox Swibel represents clients ranging from Fortune 500 and middle market companies to startups and individuals in trial and appellate courts, administrative agencies and alternative dispute resolution matters. Our approach to dispute resolution is creative, aggressive, and, above all, focused on achieving the best possible result for the client taking into account both the outcome achieved and the cost incurred to arrive at that outcome.

Our experience includes litigation matters involving commercial disputes, contracts, fraud, fiduciary duty, negligence, shareholder and partnership disputes, real estate, restrictive covenants, trade secrets, trust disputes, unfair competition, white collar investigations and litigation, and many other areas of the law.

Experience
  • Defended a bank against a multi‐million dollar claim by a title insurer that the bank and eight other banks had violated the Uniform Fraudulent Transfer Act related to collateral they had received from loans entered into with borrowers who separately had engaged in a massive fraudulent mortgage escrow scheme. Our motion for summary judgment was granted dismissing the title insurer’s claims and that decision was affirmed on appeal
  • Represented the trustee of a commercial mortgage‐backed securities trust in $13 million case against (1) borrower’s principals on “bad boy” guarantee carve‐outs, (2) the loan originator for breach of warranty and fraud, and (3) the engineering company that prepared erroneous property condition report
  • Successfully represented a Midwest chain of restaurants in a trade secrets and breach of contract case brought by its competitor. The suit sought millions of dollars in royalties and damages. Our motion for summary judgment was granted and our client was completely exonerated from all claims of wrongdoing at both the trial court and appellate levels
  • Successfully argued before the Wisconsin Supreme Court a case involving a commercial real estate leasing dispute in which our client was awarded all damages sought and attorneys’ fees
  • Defended a leading insurance company in a class action complaint brought by individuals claiming to have been defrauded of millions of dollars by our client and several other insurance companies who employed an agent that had set up a Ponzi scheme. The case ultimately settled for an amount less than the projected cost to defend the case
  • Successfully represented a national wholesale floral company in a suit brought against its former officer and his new company on breach of contract and breach of fiduciary duty claims. The defendants ultimately agreed to pay substantial damages to our client
  • Defended a national real estate investment firm from claims of fraud and breach of contract alleged by a brokerage company resulting from the sale of a multi‐ million dollar property in Chicago. Our client’s motion for summary judgment was granted with no damages paid to the plaintiff
  • Successfully prosecuted to verdict a claim by a real estate development client against a bank regarding a dispute involving a large loan prepayment penalty
  • Recently represented a large title insurance company in a case against an entity that was involved in fraudulently obtaining title to residential properties from unsuspecting homeowners and obtained a judgment restoring title to the rightful owners along with a judgment that included an award of punitive damages against the wrongdoers
  • Represented a Fortune 500 company with respect to numerous breach of contract and real estate disputes involving leasing issues and condemnations in Illinois
  • Represented a Fortune 500 company involving issues of breach of employment contracts and restrictive covenants. Successfully tried to verdict enforcement of a former officer’s non‐competition agreement