Chicago Practices

Although practicing in a wide range of legal areas, our Chicago office attorneys have particular depth of experience in several areas of law including:

• Corporate and Securities
• Banking and Commercial Finance
• Construction and Real Estate Litigation
• Business Bankruptcy, Restructuring and Creditors’ Rights
• Government Relations, Zoning and Licensing
• Intellectual Property
• Labor and Employment
• Business Litigation
• Real Estate
• Real Estate Tax Assessment
• Private Client

Corporate and Securities
The attorneys in this practice have substantial experience representing all types of organizational entities, including corporations, limited liability companies, limited liability partnerships and general and limited partnerships, and their respective shareholders, directors, officers, partners, members, and third-party claimants. These attorneys are respected leaders in their fields, recognized for their knowledge, judgment, practicality, innovation and results. Examples of matters handled by these attorneys include:

Transactions

• Domestic and international acquisitions, divestitures, mergers and consolidations
• Structuring and maintaining business entities, including corporations, partnerships, joint ventures, limited liability companies and limited liability partnerships
• Business-related real estate investments
• International business entities and transactions
• Negotiation and documentation of a wide variety of contracts, including domestic and international distribution and supply agreements, employment agreements, restrictive covenants, confidentiality agreements, international outsourcing agreements, and agreements relating to the purchases and sales of goods and services
• Organizational and operational dispute resolution
• Ownership and management succession planning

Financing

• Creative financing of new ventures and expanding existing businesses
• Public and private securities offerings and other corporate financing matters
• Municipal and industrial development financing services, including representation of underwriters, lenders and borrowers
• Securities regulation

Banking and Commercial Finance
The attorneys in this practice are actively involved in all facets of negotiating, drafting and enforcing lending and credit transactional documentation. They successfully represent a broad base of clients, including institutional lenders, borrowers, finance companies, manufacturers, distributors, lessors and lessees, and purchase money secured sellers in the following matters:

• Asset-based and secured financing programs
• Commercial real estate and construction financing
• Consignment and bailment arrangements
• Debt restructurings and workouts
• Equal Credit Opportunity Act
• Equipment leasing
• Fair Credit Reporting Act
• Fair Debt Collection Practices Act
• Financing and credit transactions
• Foreclosure and enforcement of creditors’ rights
• Letters of credit
• Leveraged buyouts
• Purchase money security arrangements
• Syndicated loan transactions
• Trade credit documentation, including credit applications, security agreements, guarantees, notes, invoices and mortgages

Construction and Real Estate Litigation
The attorneys in this practice have experience that covers the entire spectrum of the construction industry. From drafting and negotiating contracts to litigating in the courtroom, our lawyers’ intimate knowledge and experience set them apart from other law firms. Because of the risks associated with construction projects, our lawyers pride themselves in not only helping our clients identify potential problems they may face on a job, but also advising clients on avoiding the problem or shifting the risk. From hospitals to major universities, theatre renovations to high-rise condominiums, major league sports stadiums to airports, our construction attorneys have successfully represented owners, developers, lenders, sureties, contractors, subcontractors, architects and engineers in the following areas:

• Bankruptcy issues
• Bid disputes
• Change order disputes
• Defense of property damage and personal injury matters arising in the construction context
• Drafting and negotiating contracts
• Insurance issues
• Labor and employment matters
• Mechanics’ lien claims
• Mediation, arbitration and trial work at both the state and federal levels
• Payment and performance bond disputes
• Prosecuting and defending breach of contract claims, including delay and impact claims
• Risk management/allocation counsel
• Troubled project workouts

Business Bankruptcy, Restructuring and Creditors’ Rights
The attorneys in this practice have represented the interests of secured and unsecured creditors, bankruptcy trustees and creditors’ committees in the following matters, among others:

• Advice to vendors on maximizing their realization upon pre-petition claims, extensions of post-petition credit, participation in trade lien programs, and opportunities to purchase assets as a means to achieving enhanced recovery on their claims
• Bankruptcy litigation, including, but not limited to, preference and fraudulent conveyance claims, automatic stay, and cash collateral disputes
• Creditor representation in workouts and insolvency proceedings
• Out-of-court restructuring and workouts, compositions, assignments for benefits of creditors, non-bankruptcy liquidations, and sale of assets
• Purchase and sale of assets in bankruptcy proceedings and out-of-court workouts
• Reclamation enforcement under the Uniform Commercial Code
• Representation of businesses regarding their relationships with ventures and partnerships now involved in insolvency proceedings
• Representation of creditors’ committees in reorganization proceedings
• Representation of real property and equipment lessors in bankruptcy proceedings to assure the payment of charges, the assumption or rejection and assignment of respective leases
• Secured transactions and documentation
• Representation of financial institutions as secured lenders in complex reorganization and pre-negotiated transactions during insolvency or bankruptcy proceedings, including new extensions of secured credit and agreements for restrictive use of cash collateral from prior financial accommodations

Government Relations, Zoning and Licensing
This practice rounds out our Chicago office’s commitment to providing a complete range of services across the legal, business, political and governmental landscape. We use our knowledge and understanding of local, state and federal governments to advocate effectively for our clients before legislators, regulators and policy makers on a variety of matters. Our services in this practice include:

• Developing and implementing advocacy strategies for clients with matters under consideration by legislators, regulators and policy makers
• Government relations work with respect to real estate tax assessments and appeals, tax increment financing, tax abatements, special tax classifications, sales tax sharing agreements, special service areas, enterprise zones, and industrial revenue bonds
• Representation before local, state, and federal agencies, boards, councils, regulatory agencies and commissions
• Representing clients in all aspects of zoning matters at the local and state levels
• Obtaining licensing and permit approvals from local governments

Intellectual Property
Our Intellectual Property attorneys are focused on counseling businesses—including nonprofits such as universities—with respect to their intellectual property needs.

• Intellectual property services, including securing, registering, protecting and enforcing domestic and international trademarks, service marks, copyrights and other intellectual property rights, the transfer and license of all types of intellectual property rights, including the acquisition and protection of trade secrets
• Information systems and technology law, Internet law, and computer-related matters, such as software license and development agreements, electronic on-line commerce and facilities outsourcing

Labor and Employment
The attorneys in this practice provide employers with complete representation in employment law counseling and litigation.

Employment Counseling. We work with union and non-union employers in a wide range of industries, including manufacturing, distribution, retailing, healthcare, banking, software and multimedia development, systems integration, and consulting. Our services include preventive counseling, preparing agreements, manuals, policies, forms and releases, management training, and prosecuting and defending employment-related litigation. Examples of typical services in this area are as follows:

• Counseling to prevent and resolve discrimination and harassment claims
• Designing and implementing force reduction plans, severance pay plans, employee retention agreements, change in control agreements, releases, and notices required under the Worker Adjustment and Retraining Notification Act (WARN)
• Developing and advising on leaves of absence policies and problems, including those under FMLA, ADA, USERRA, and workers’ compensation
• Legal compliance in hiring, disciplining, and terminating employees
• Negotiating with unions, responding to union organizing efforts, developing and implementing union election campaigns, representing employers in election challenges, and defending against unfair labor charges filed with the NLRB
• Wage and hour counseling, including proper classification of employees and required pay practices, as well as Department of Labor investigations

Employment Disputes. We have substantial experience in trial and appellate work in employment cases. Examples include:

• Defending claims of discrimination, harassment and retaliation filed before the EEOC, state and local agencies, and state and federal courts
• Defending ERISA claims
• Prosecuting and defending breach of employment, non-compete, non-solicitation, and confidentiality agreements, as well as employment tort claims
• Wage and hour disputes, defending both in court and before federal and state agencies

Business Litigation
The attorneys in this practice excel in aggressively prosecuting and defending a broad range of actions before federal and state courts, administrative agencies and alternative dispute resolution forums in a manner consistent with the amounts in dispute. Our established trial lawyers have extensive national and international business experience, which they use in their approach to dispute resolution. Clients are encouraged to participate actively in the planning and decision-making process in each matter and are actively involved in litigation developments. Keenly aware of the high costs of litigation, our trial lawyers monitor expenses, use paralegals efficiently and recommend alternative dispute resolution when warranted.

• Breach of contract, including disputes involving contracts for goods or services, promissory notes, and equipment and real estate leases
• Business torts, including fraud and tortious interference with contractual relationships and expectancies
• Claims for violations of federal and state securities and antitrust acts
• Construction disputes, including claims based upon mechanics’ lien and performance bonds
• Contract disputes and agreements between various parties
• Creditor representation in lender liability and other commercial litigation
• Defense and prosecution of claims against corporations and corporate directors, officers and shareholders in third-party suits and derivative suits involving breaches of fiduciary duty, self-dealing, fraudulent conveyances, corporate waste and RICO
• Defense of personal injury, product liability, and property claims, including those of self-insureds
• Disputes under the Uniform Commercial Code
• Foreclosure and enforcement of creditors' rights
• Employee benefits governed by ERISA
• Employment discrimination and retaliatory discharge
• Environmental litigation, including "superfund" cases
• Equal Credit Opportunity Act
• Fair Credit Reporting Act
• Fair Debt Collection Practices Act
• Insurance coverage disputes
• Intracorporate shareholder disputes
• Post-acquisition and divestiture disputes, including breach of representations and warranties
• Unfair competition, including theft of trade secrets, deceptive trade practices and trademark infringement
• Violations of restrictive employment covenants and non-solicitation agreements

Real Estate
The attorneys in this practice provide legal services in a wide range of transactions on a local, national and international basis involving commercial, retail, and industrial real estate. Our lawyers bring with them extensive business, environmental and tax experience to facilitate successful real estate transactions. The attorneys in the real estate practice are responsible for handling routine to complex transactions in the following types of matters:

• Acquisitions, sales, leasing, and financing of all types of property, including commercial and industrial real estate
• Annexation and development agreements, zoning map and text amendments, disconnections, planned developments, variances and special use permits, plats of subdivision, building permits, and business licenses
• Building code compliance and appeals
• Compliance with municipal, state and federal laws and regulations pertaining to environmental laws, land use, zoning, restrictive covenants, licensing, and tax assessment matters
• Condominium documentation
• Covenant, condition, restriction and easement agreements
• Liquor license and business permit applications (in conjunction with Government Relations Department)
• Negotiation and documentation of construction, architectural and material supply contracts
• Negotiations with and appearances before all governmental regulatory agencies
• Preparation and perfection of construction lien and bond claims
• Tax increment financing, tax abatements, special service areas, enterprise zones, special tax classifications, industrial revenue bonds, and special assessment districts

Real Estate Tax Assessment
This practice covers a variety of properties, including commercial office buildings, retail properties, hotels, hospitals, restaurants, industrial properties, leasehold interests, apartment buildings, condominium complexes, vacant land and/or ongoing construction projects in need of interim relief. Our services include representation, evidence compilation and negotiations before Cook County and surrounding area Assessors and Boards of Review, the Illinois Property Tax Appeal Board and/or the Circuit Court of Cook County, as may be necessary. Other focus areas for this practice include:

• Advice pertaining to real estate tax allocations on multi-parcel property acquisitions
• Analysis of potential real estate tax obligations on currently owned, leased or prospective properties
• Applications and renewals for properties entitled to relief through the Cook County incentive or abatement programs
• Exploration of temporary tax relief for properties suffering from financial hardship
• Land parcel divisions
• Market value analyses in relation to current tax assessments
• Pursuit of tax exemptions on properties owned by churches, schools and hospitals, from the application process through hearings before the Illinois Department of Revenue

Private Client
The attorneys in this practice have significant experience providing tax advice, employee benefits’ consulting, estate planning, wealth preservation and transfer techniques, as well as trust and probate administration, and litigation support services in both federal and state forums. Many of our Chicago lawyers have combined their vast business experience with advanced tax degrees, thereby enabling them to better serve our clients in the wide variety of business and personal matters to achieve maximum tax benefits permitted under the law. Specific areas of experience include:

• Advance ruling requests from the Internal Revenue Service and state administrative agencies prepared and secured
• Charitable and educational tax-exempt organization creation and planning
• Corporate, partnership, limited liability company, and individual advice and counsel in federal and state income, payroll, sales and use tax issues
• Elder and disability law counsel
• Employee health and fringe benefit plans design and administration
• Estate administration
• Estate and trust contests
• Executive compensation employment agreements, deferred compensation agreements, executive separation agreements, and non-qualified supplemental retirement plans design and creation
• Gift, estate and generation-skipping transfer tax planning and consultation
• Guardianship appointment, administration and contests
• Litigation support in the United States Tax Court, District Court, and Court of Claims
• Mergers, acquisitions, divestitures, reorganizations, recapitalizations, spin-offs and other corporate, partnership and limited liability company tax planning and restructuring
• Shareholder, partner, member and individual advice and counsel in federal and state income, payroll, sales and use tax issues
• Succession planning, including shareholder agreements, recapitalizations, and restrictive covenants
• Taxpayer representation in disputes before the Internal Revenue Service, Illinois Department of Revenue, and other state agencies
• Transfer tax savings techniques using multiple classes of ownership interests in corporations, partnerships, limited liability companies, charitable trusts, and private foundations
• Wealth preservation techniques, including the use of trusts, limited liability entities and insurance, and maximizing available homestead and other bankruptcy exemptions
• Wills, revocable (living) trusts, and irrevocable trusts design and preparation