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 toolkit 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.

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.

Representative Matters:

Representation of Defendant(s)

 

  • 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 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.
  • 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.
  • Defended CEO of asset management firm against securities and investment claims brought by former employees against the company and certain board members. Along with co-counsel for the company and other board members, successfully obtained dismissal of all claims with prejudice at motion to dismiss stage.
  • Defended investment fund manager and individual director/principal against investor’s claims for breach of contract, breach of fiduciary duty and fraud, resolved through favorable settlement in mediation.
  • Defended company against Telephone Consumer Protection Act (TCPA) claim by obtaining partial summary judgment ruling in its favor, which decision was one of the first in the country to apply a Federal Communications Commission (FCC) agency waiver as a matter of law to dispose of claims based on improper opt-out notices appearing on fax advertisements.
  • Obtained dismissal with prejudice of claims against accounting firm alleged to have committed professional malpractice by arguing that the firm did not owe a legal duty to the plaintiffs under the Illinois Public Accounting Act and Illinois common law.
  • Defeated class certification under Rule 23 at the pleadings stage based on a Motion to Strike the proposed class definition, after which the class action was voluntarily dismissed.
  • 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.
  • Obtained dismissal at pleadings stage of a shareholder derivative claim brought by a disgruntled minority interest holder based on lack of standing.
  • Successfully defeated Petition to Vacate judgment based on allegations of fraudulent concealment in case involving the breach of a settlement agreement by a commodities trading firm’s former executive.
  • Resolved a closely held business dispute over a two-day settlement conference, wherein members of an LLC divided in excess of $20 million in real estate held across multiple corporate entities, each with different operating agreements and ownership structures.
  • Defending 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.
  • Representing insurers with respect to the handling of potentially covered claims and in coverage disputes with their insureds.
  • Represented multiple former employees and new employers in defending against claims arising from the attempted enforcement of post-employment restrictive covenants, including non-competition, non-solicitation, confidentiality and trade secrets provisions. Among other representations, the Firm represented an international airline in action brought against it and one of its officers by the officer’s former employer (another international airline who alleged breach of his non-competition agreement and sought to prohibit the officer from working for our airline client); after successfully defeating the plaintiff’s motion for a temporary restraining order, the plaintiff ultimately dismissed its case without receiving any compensation from our clients.

Representation of Plaintiff(s)

 

  • Obtained summary judgment on behalf of a plaintiff in a false advertising case filed under the Lanham Act based on a competitor’s false and misleading statements about his client’s products.
  • Represented minority shareholder in closely-held LLC dispute and obtained trial verdict requiring majority beneficiaries to purchase client’s interests at fair market value, which verdict was affirmed on appeal.
  • Represented aviation company in action against former officer related to his embezzlement of funds and usurpation of corporate opportunities, resolved through a favorable settlement prior to trial.
  • Obtained multi-million dollar judgment in contract dispute and defeated multiple post-judgment challenges while simultaneously navigating cross-border enforcement proceedings.
  • Prevailed in argument 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.
  • Obtained intervention in Illinois chancery proceeding on behalf of minority shareholders in Delaware corporation for purposes of asserting individualized, direct harms suffered due to misappropriation by dominating shareholder.
  • Represented a national wholesale floral company in a suit brought against its former officer and his new company for breach of contract and breach of fiduciary duty claims. The defendants ultimately agreed to pay substantial damages to our client.
  • Prosecuted to verdict a claim by a real estate development client against a bank regarding a dispute involving a large loan prepayment penalty.
  • 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 commercial landlords in connection with numerous commercial eviction and rent collection actions.
  • Represented multiple companies in the enforcement of post-employment restrictive covenants, including non-competition, non-solicitation, confidentiality and trade secrets provisions. Among other representations, the Firm has represented a Fortune 500 company involving issues of breach of employment contracts and restrictive covenants, including in the successful trial to verdict for enforcement of a former officer’s non‐competition agreement.
  • Represented receivers in multiple foreclosure proceedings, handling multiple eviction and lease negotiations. In one such matter, successfully obtained multiple TROs against the borrower for interference with receiver’s rights and duties.

Our Litigation Attorneys

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