Business Litigation

We are adept at working with business owners and in-house counsel not only to achieve success in the courtroom, but to accomplish objectives that make business sense for the client. One of the ways we do this is through innovative and flexible billing arrangements tailored to the client's needs, including partial or total contingency fee agreements.

Siprut PC attorneys have substantial experience with emergency injunctive relief proceedings (representing both plaintiffs and defendants), restrictive covenant litigation, and large commercial contract disputes. Firm partners have contributed to the following matters:

  • NewSub Magazine Servs. LLC v Heartland Direct, Inc. (Case No. 02-C-4949, N.D. Ill.): Pierced an entity's corporate veil to obtain a seven figure judgment against related corporations and individuals.
  • In re Estate of Edith-Marie Appleton (Case No. 00-P-103, Cook County, IL): Successfully defended an estate, throughout a three-week jury trial, from a claim brought by Florida State University involving a $2,000,001 alleged charitable pledge.
  • Edison Mission Energy v Mirant Corp (Case No. 02-CC-0059, Orange County, CA.): Defended and settled $750 million breach of contract case involving the purchase of a foreign power facility.
  • Johnson v. Sample & Cross Capital Mgmt. (Case No. 07-L-929, Lake County, Ill):  Secured dismissal with prejudice of counts brought against a hedge fund by eleven investors in three separate actions, including claims for violation of the Illinois Securities Law Act, violation of the Illinois Consumer Fraud Act, breach of fiduciary duty , and negligence.
  • American Insurance v. Ingram (Cook Co., Ill.):  Obtained preliminary and permanent injunctions against former employee who opened competing business and used previous employer’s confidential information.
  • Veal v. James and 7-Eleven (Cook Co., Ill.):  Obtained judgment following bench trial in favor of employee accused of wrongful conduct.
  • Des Plaines Office Equipment Co. v. Nicolin et al. (Cook Co. Ill.):  Represented hiring company and former employee in lawsuit brought by prior employer to enjoin employee from working.  Successfully opposed motions for TRO, preliminary and permanent injunctions.
  • In re Confidential Arbitration (JAMS Chicago, IL): Following week-long trial before retired federal judge, successfully defended breach of fiduciary duty and shareholder dilution claims in excess of $7 million.  Claims arose from issuance of capital call and allocation of distributions and management fees.
  • In re Confidential Arbitration (AAA St. Louis, MO):  Following trial before a three-member arbitration panel, recently obtained a $1.7 million award, including recovery of all attorneys' fees and costs. Claims arose from purchase of multiple nursing home facilities.
  • Delaware Superior Court and Illinois Chancery Court Litigation.  Defended industrial equipment company in case brought by hedge fund investor concerning hedge fund's investment in $75 million secured lending loan facility.  Claims involved financing and dissolution of business issues.
  • Real estate arbitration (AAA Minneapolis, MN).  Obtained $100,000 award, including all attorneys' fees and costs, on behalf of commercial real estate buyer in breach of contract action with seller.
  • Trilegiant v. Sitel Corporation (S.D.N.Y.).  Represented Trilegiant in breach of contract action seeking $34 million in liquidated damages from vendor.
  • Confidential purchase price adjustment arbitration (AAA Chicago).  Represented plastics manufacturer in arbitration.  The Panel found in Client’s favor on claims for breach of asset purchase agreement entered into as part of reverse spin-off transaction and public offering.  In addition, the Panel denied the Opposing Party’s counterclaim for breach of a related real estate sublease and awarded judgment to Client on its counterclaim concerning the same sublease.
  • Advertising Arbitration (AAA Chicago).  Arbitrated dispute on behalf of professional sports team relating to advertising sales and contracts; obtained favorable result.
  • Confidential arbitration for aviation company (ICC Chicago). Represented aviation manufacturer in contract dispute arising from purchase of company.  Following evidentiary hearings, obtained arbitration award in favor of client.
  • RW Capital v. Haesemeyer et al. (N.D. Ill.):  Represented bank and investment company against claims of breach of contract arising from $7 million private investment.
  • Lakeshore Drive Entertainment v. Prestige Films et al. (Cook Co. Ill):  Obtained dismissal of claims brought by movie production company over distribution rights.
For guidance on litigating commercial cases authored by our attorneys, see the following works:

Federal Civil Practice:  Discovery IICLE (2015). 

Federal Civil Discovery:  Motion Practice IICLE (2015, 2012 Supp, and 2010) 

Pleading Under the Federal Rules of Civil Procedure IICLE (2015, 2012 Supp.) 

Illinois Civil Practice:  Preparing for Trial-Proof of Facts in Civl Cases IICLE (2012) 

Illinois Civil Practice: Evidentiary Motions at Trial IICLE (2012 Supp.) 

How You Can Settle Your Lawsuit Quickly Smart Business (Nov. 2012) 

Illinois Civil Practice:  Motions at the Close of Evidence IICLE (2012 Supp. and 2009)

The Perils of Protective Orders CBA Record (April 2011) 

Avoiding the Innocent Spoliation of Evidence CBA Record (May 2010) 

When Can You Defend Both a Corporation and Its Officers? 97 Ill. B.J. 618 (Dec. 2009) 

TROs: A Guide to Winning Emergency Relief in Illinois 93 Ill. B.J. 530 (Oct. 2005)