COMMERCIAL LITIGATION
The Clinton Law Firm represents businesses and individuals primarily in Chicago and the Greater Chicago area in a wide range of commercial litigation. Our attorneys have successfully prosecuted and defended claims of all sizes in both Illinois and Federal courts. Clinton Firm attorneys have extensive experience handling sophisticated business issues at trial, arbitration hearings and on appeal.
Breach of Contract
A breach of contract occurs when a party fails to perform under the terms of the contract. A breach of contract can cause the non-breaching party significant damages, including the cost of trying to "cover" or find a substitute to fulfill the contract terms. Depending on the terms of the contract and circumstances of the breach, the non-breaching party may have several options for recovery, including enforcing the contract on its terms (specific performance), cancelling the contract and suing for restitution (repayment of money expended), suing to recover compensatory damages, or suing for liquidated damages as specified in the contract.
Clinton Firm attorneys have litigation experience necessary to recover on or defend against contract claims, including claims arising under the Uniform Commercial Code; the statute enacted in all 50 states that governs certain sales of goods, leases of equipment and other financial transactions. For example, our attorneys have successfully prosecuted and collected on cases involving the sale of goods where the opposing party failed to pay for the products that it either resold or used in its business. We have also defended claims against computer software companies alleging defective software, obtaining favorable outcomes for our clients.
Business Collections
Our firm aggressively pursues delinquent debtors to obtain the money your business is owed in order for it to continue to be profitable. Recently, both the federal and state governments have enacted substantial regulations, including the federal Fair Debt Collection Practices Act, the Illinois Collection Agency Act, and the Illinois Consumer Fraud and Deceptive Practices Act to protect consumer debtors from overly-aggressive collection practices, which can impede on a business's ability to collect on a debt. The Clinton Firm has the experience necessary to effectively and diligently pursue debtors through litigation.
Shareholder and LLC Member Disputes
When a business or its owner has a dispute with a business partner, it is important that the business and its owners obtain legal representation to protect their interests. Frequently, due to the allegations raised, the business will require separate representation from the owner to protect its interest. We handle all aspects of shareholder, LLC member and partnership disputes. Clinton Firm lawyers have experience in defending and prosecuting claims involving breach of fiduciary duty; conflicts of interest and self-dealing; shareholder derivative actions; minority shareholder, LLC and partnership rights; excessive management compensation; unfair buy-out agreements; failure to pay dividends or distributions; deadlocks and freeze-out disputes; and appraisal rights. Whether through litigation, arbitration or mediation, the attorneys at the Clinton Law Firm will aggressively pursue our client's case.
Business Torts
Our firm has represented clients who have alleged business torts, including fraud and fraudulent conveyance, unfair business practices, and breach of fiduciary duty. In general, corporate officers, directors, high-level employees, agents, and brokers all owe fiduciary duties to their principals, or to the corporation and its shareholders. Cases alleging breach of fiduciary duty may involve allegations of conflicts of interest, insider trading, fraudulent conduct, or breach of the duties of care and loyalty.
Another common business tort is the intentional or tortious interference with business contracts or business relationships. This tort recognizes that business relationships are, under certain circumstances, a protected property interest that should be free from a third party's unjustified interference and that any losses caused by this interference may be recoverable. Our firm has recovered from attorneys that interfered with the business relationship between another firm and its clients. We have also prosecuted claims that one business wrongfully and intentionally interfered with the business relationships of another business.
Insurance Coverage Disputes
Clinton Law Firm attorneys have handled many coverage cases against insurance companies on behalf of policyholders, including claims against property casualty insurers, directors and officers' liability insurers, and professional liability insurers. In some circumstances you may be able to make a claim for bad faith failure to provide insurance coverage, pursuant to the Illinois Insurance Act, 215 ILCS ΒΆ 5/155. If you have a dispute with your insurance carrier, it is essential that you quickly obtain competent representation, such as the Clinton Firm to advocate for your interests. Insurance companies often withhold payment as a negotiating tool. Make sure you have effective representation in any dispute with an insurance company.
