Business Litigation

Knowing when to try cases is an art that business litigation attorneys in Chicago hone during years of practice. They have to be practical and able to balance the anticipated effects of a settlement or judgment against the potential cost of litigation. The Chicago business litigation lawyers of the Clinton Law Firm concentrate on our clients’ goals and concerns and strive to minimize costs and promote early resolutions where appropriate.

Litigation should always be a last resort for resolving disputes and our Chicago business contract attorneys make every effort to help clients resolve their differences at an early stage. But a good Chicago business litigation lawyer also knows when a brokered resolution is not in the best interest of the client, as in cases where a Chicago business fraud lawyer must dig deep to find the facts.

Businesses can count on a Chicago business litigation attorney from the Clinton Law Firm to assist them in a variety of types of business disputes:

Disputes are unavoidable in business. But our experienced business litigation lawyers in Chicago can help businesses manage disputes and conduct litigation in an effective and efficient manner so that business owners can concentrate on running their businesses.

The most common type of business dispute is a contract dispute. Contracts are universal and are typically enforced in every state. To recover on a breach of contract claim, your business must prove:

1. The existence of a contract;
2. Performance by your business – did you meet your obligations?;
3. Failure to perform the contract by the other party to the contract; and,
4. Resulting damages to your business

It is possible to allege a breach of contract without a written contract, but It can be very difficult to prove what the parties agreed to. You may have a different idea of what you were promised than the other party does. We have handled cases based on oral contracts, but we really strongly recommend that you use written contracts. Even a confirming email can greatly strengthen your contract claim. If there is an issue with performance, that, too, should be committed to writing. If you have any questions, please let us know.

There are other types of contracts. Which can be described as implied-in-fact contracts and implied in law contracts. An implied-in-fact contract is a contract implied from conduct – such as a person who sits in a barber’s chair. By sitting down and getting a haircut you have agreed to pay for the haircut.

An implied-in-law contract is where a court creates a contract to avoid having one party unjustly enriched. If, for example, a lawyer works on a case and recovers money for a number of people, the court may imply a contract so that the lawyer is properly compensated for his work. An implied in law contract is designed to prevent injustice.

The elements of an implied in fact contract are:

• 64 As this court has explained, contracts implied-in-fact "arise from a promissory expression that may be inferred from the facts and circumstances that demonstrate the parties' intent to be bound. * * * A contract implied in fact * * * is a true contract. [Citation.] The elements of a contract are an offer, acceptance, and consideration. [Citation.] Thus, a contract implied in fact contains all of the elements of a contract, including a meeting of the minds." Trapani Construction Co. v. Elliot Group, Inc., 2016 IL App (1st) 143734, ¶¶ 41-42, 407 Ill.Dec. 754, 64 N.E.3d 132.
• 65 "Consideration is defined as the bargained-for exchange of promises or performances and may consist of a promise, an act or a forbearance." Bishop v. We Care Hair Development Corp., 316 Ill.App.3d 1182, 1198, 250 Ill.Dec. 394, 738 N.E.2d 610 (2000) (citing Restatement (Second) of Contracts § 71 (1981)). "Valid consideration, on the part of both parties, is one of the essential requirements for the formation of a contract." (Emphasis added.) Agrimerica, Inc. v. Mathes, 199 Ill. App.3d 435, 441-42, 145 Ill.Dec. 587, 557 N.E.2d 357 (1990); Moehling v. W.E. O'Neil Construction Co., 20 Ill.2d 255, 265, 170 N.E.2d 100 (1960). 

Whether or not a contract can be implied in a particular fact situation can be complicated. We have experience in such matters and can assist you with them. Please call our Chicago contract lawyers with any questions.

Further information on these topics can be found on our blog:

• You Cannot Recover Emotional Distress Damages In a Breach of Contract Lawsuit
• Former Employee's Commission Claims Dismissed Because of The Provisions of His Written Contract
• Breach of Contract Claim Governed by UCC Statute of Limitations

For further information please review our Breach of Contract page.

Also, if you are attempting to collect a receivable, please visit our Business Collections page.

Any business with an employee may experience litigation. In Illinois, a former employee can make a variety of claims before agencies and the courts, including claims for age race and/or sex discrimination, sexual harassment, and failure to pay wages that were due and owing. We have handled claims in these areas and can assist you in properly and ethically responding to those claims.

Every business should purchase insurance. At a minimum, we advise you to purchase general liability insurance, property insurance. You may also with to purchase Directors and Officers Liability insurance. In Illinois, we encourage you to purchase Workers’ Compensation insurance as well. Should you have a claim, do not hesitate to call us to determine whether or not the claim should be reported to the insurance company.

If the insurance company denies your claim for coverage, please visit our Insurance coverage disputes page for further information.

We have experience in litigating trademark and copyright disputes. Please note that we do not draft or prosecute patent claims and do not do patent litigation. We do not file trademarks for our clients. However, it is quite common for trademark and copyright claims to be raised in a business lawsuit between competitors. We have handed such cases. If you have any questions, please contact us. We can often give you an informed opinion as to whether a proposed course of action will (a) anger a competitor or (b) generate a lawsuit. Our informed opinions are based on experience (Ed Clinton Jr. has been practicing since 1992) and our practice of giving cautious and careful advice.

We have experience in negotiating with franchisors and resolving franchise disputes. If you are considering becoming a franchisee, make sure to hire an experienced lawyer to review the franchise agreement. This needs to be done before you open your new franchise location.

For 20 years, the Clinton Law Firm has been well known in the Chicago business community as a dedicated advocate for small business owners. We understand the practical considerations that are so important to business owners and strive to keep these considerations in the forefront of everything we do. To schedule a consultation and discuss your case with a knowledgeable Chicago business law attorney, call us at 312.357.1515 or contact us online today.