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Commercial Litgation
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Piercing the Corporate Veil to Collect on a Judgment

A business often operates as a separate legal entity, such as a corporation or limited liability company, which protects its individual owners from personal liability for the company’s debts or obligations. The liability shield (called a “corporate veil”) encourages business investment by limiting the investors’ potential losses to the funds they put directly into the Read More

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Resolving Disputes Between Co-owners of a Small Company

Co-owners who had common goals when they started their business may find their paths veering in different directions as time passes. Whether it’s a clash in management styles or business plans, a dispute between co-owners of a small company can interfere with day-to-day operations and possibly imperil the company’s future. Swift and effective resolution of Read More

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Literally Taking the Case

In their December 2020 Illinois Bar Journal article, attorneys Andrew R. Schwartz and John Cerney present the following scenario: Without first consulting its lawyers, your firm’s major client, Hapless Client, LLC, entered into a horrible one-sided contract with Sketchy Business, Inc. To make matters worse, Sketchy just filed a contract claim against Hapless to enforce that contract, Read More

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Business Interrupted? There May be Coverage

Business Interrupted? There May be Coverage By John Cerney On March 15, 2020, Governor J.B. Pritzker declared a public health emergency throughout Illinois closing all “non-essential businesses” to address the COVID-19 pandemic. Many businesses insure against losses incurred due to unforeseen events like the pandemic through “business interruption coverage.” Many businesses have submitted claims for Read More

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Fired Agent Files Suit in Illinois Against Baseball Star’s Financial Adviser

J.D. Martinez of the Boston Red Sox is a Major League Baseball All-Star who earned more than $23 million during the 2019 season. Sports agents battle fiercely to represent players with that level of stature and salary. However, a prominent Chicago agent claims that a third-party financial adviser led Martinez to terminate his contract prematurely. Read More

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Resetting the Statute of Limitations for Breach of Fiduciary Duty?

Generally speaking, a “fiduciary” relationship occurs where one person holds or manages assets for another’s benefit.

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Injunctive Relief for Anticipatory Breach of Contract in the Wrigley Rooftops Lawsuit

Most contract litigation occurs after a breach, when the harm has already occurred. In such cases, the remedy can include monetary damages for losses and equitable relief to prevent future losses.

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When Should Commercial Litigation Go to Federal Court?

Commercial litigants need a litigation strategy before filing suit. Part of that strategy involves targeting the proper court to hear your claim.

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Business Litigation FAQs

What is “business litigation”? We use the broad term “business litigation” to describe any litigation for control of a privately-owned company.  Other terms we frequently see are “freeze-outs,” “squeeze-outs,” “business divorces,” “oppression” and “breach of fiduciary duty.”

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What You Need to Know About Condominium Law

What is a “condominium”? Oddly, Illinois’ Condominium Property Act (the “CPA”) does not actually define the term “condominium.”  

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