Chicago, IL Business Litigation Lawyers
Commercial and Business Litigation
The Roth Fioretti legal team has extensive experience representing individuals and corporations in commercial- and corporate-related disputes and litigation. We exercise both dispute resolution techniques and litigation to resolve our clients’ business issues swiftly and economically. With decades of experience, our firm has litigated matters to the United States Supreme Court, Federal Circuit Court of Appeals, Seventh Circuit Court of Appeals, Illinois Supreme Court, Illinois Appellate Court, and District and Bankruptcy courts throughout the country.
Our attorneys have won millions of dollars for our clients. We have successfully obtained multi-million dollar jury verdicts in federal and state court. We have also successfully defended our clients against against against such claims in federal court and state court litigation, including through trial and appeal.
Your Chicago, IL Attorneys for All Areas of Commercial Litigation
Roth Fioretti has years of expertise representing clients in business disputes and litigation. Our practice areas include:
Bankruptcy Litigation – Representing Creditors Rights
In bankruptcy litigation, debtors seek the assistance of the courts to eliminate debt or establish a plan to repay creditors. When a debtor files bankruptcy, the creditor stands to lose the moneys owed to the creditor. Further, the debtor or trustee may seek to recoup money paid to the creditor, claiming that the payments were “preference payments” or that the payments were fraudulent transfers. The debtor or trustee files an adversary lawsuit in the bankruptcy litigation seeking repayment of these preference payments or alleged fraudulent transfers.
Our firm has represented creditors in bankruptcy litigation across the country. We have successfully defended preference payment claims and fraudulent transfer claims.
To minimize losses due to bankruptcy, a creditor should retain the services of a knowledgeable bankruptcy attorney. Roth Fioretti represents creditors in bankruptcy litigation, helping our clients navigate the complex issues surrounding bankruptcy matters.
Breach of Contract Disputes
A common type of business dispute, a breach of contract means that a written or oral contract existed between two parties and that some provision of it was violated by one or both parties, resulting in damages. For example, a breach occurs when a customer fails to pay a purchase order or one party violates the terms a complex joint venture agreement. We assist clients with resolving breach of contract disputes quickly through both litigation and alternative dispute resolution.
Breach of Fiduciary Duty
Breach of fiduciary duty requires the existence of a fiduciary duty toward another and a breach of that duty resulting in damage. “Fiduciary duty” means a situation in which one has an obligation to protect the best interests of another. For example, business partners have such duties towards one another and corporate board members have duties toward shareholders. A breach of such duties may involve fraud, undisclosed conflicts of interest, or acting against the needs and interests of the beneficiary or exclusively in one’s own self-interest. We frequently represent corporate clients, helping to resolve issues related to the breach of fiduciary duty.
A “business tort” causes harm to a business in some manner. A business tort may be based on a statute, such as misappropriation of trade secrets under the Uniform Trade Secrets Act. A business tort may also be based on breach of a common law duty, such as a duty not to tortuously interfere with a business’ existing contract or its business expectancy. The damages that can be recovered for business torts may exceed “actual damages” by including an award intended to be punitive. Further, a court may award the successful party attorney’s fees as allowed by statute under certain circumstances. Our experience Chicago attorneys have many years of practice representing clients seeking to recover damages in business tort cases, as well as defending those accused of tortious interference.
Commercial and Residential Real Estate Disputes
Commercial and residential real estate disputes are generally based on contract or tort. A buyer may, for example, claim that certain relevant information about purchased property was falsified or wrongfully withheld, resulting in damage to him, or landlords may become engaged in rent disputes with tenants. Large development projects are also often a source of real estate litigation. Roth Fioretti frequently represents clients involved in real estate disputes, handling breach of contract claims, development disputes, and lease disputes.
Construction litigation usually refers to problems such as delay claims, failure to pay, use of defective material or faulty workmanship. With expert help from our legal team, these disputes can often be resolved short of litigation, through settlement negotiation or mediation (using an expert to help guide a settlement). We have successfully obtained multi-million dollar recoveries for our clients in construction and real estate litigation matters.
Corporate and Director & Officer Litigation
Corporation may encounter challenging litigation claims related to a variety of issues, including breach of fiduciary duty, breach of contract, shareholder suits, employment agreements, commercial real estate, and shareholder oppression lawsuits. Our firm has litigation, through trial, corporate shareholder and director and officer litigation lawsuits. Our lawyers represent and advise both for-profit and not-for-profit corporations in corporate and director & officer litigation matters.
Employment Disputes, Discrimination Actions and Litigation
Employment laws are designed to protect employees from issues of discrimination, harassment and discrimination. Our firm has gained national attention employment disputes. We have sued large, medium and small businesses for employment-related issues, netting our clients large recoveries. We understand employment laws and employment litigation. Therefore, we have successfully also defended our employer clients in employment litigation.
Insurance Policy Coverage and Exclusions Litigation
We regularly represent insured in insurance coverage disputes and lawsuits. In fact, we have recovered multi-millions of dollars in our work in representing insurers suing their insurance carriers for coverage. Our attorneys understand the intricacies of insurance policies. We are further talented litigators who actually take cases to trial. Our firm provides unparalleled services in insurance coverage litigation.
Intellectual Property Litigation
Trademarks, patents, and copyrights offer a company protection of its intangible intellectual property. When a competitor infringes on a business’ exclusive right to use these assets, the business with legal ownership of the intellectual property may act to enforce its rights. Our intellectual property lawyers have extensive experience in intellectual property matters, representing both clients seeking enforcement and protection and those accused of infringement. We have tried complex patent, trademark and copyright infringement actions in cases throughout the country. We also regularly represent clients at trademark opposition proceedings before the Trademark Trial & Appeal Board.
Shareholder Derivative Suits
Officers and directors of a corporation owe a fiduciary duty to the shareholders to act in the best interests of the corporation and to protect the rights of minority shareholders. Our firm has represented corporations and shareholders in litigation. We have taken these derivative lawsuits to trial, and through appeal to the appellate court and Illinois Supreme Court.
Commercial and Corporate Litigators Chicago, IL
With an extensive background in commercial and corporate law, our Chicago lawyers have the expertise to handle a variety of business dispute and litigation matters. Our experienced litigators have a proven record of getting results, whether we are protecting the legal rights of creditors in bankruptcy litigation or representing an insured business in an insurance coverage dispute matter. We have represented clients in courts at both the state and federal level, so whatever commercial dispute or litigation your business encounters, our practice is ready and able to assist.