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Johnson & Bell’s Business Litigation group is comprised of attorneys with extensive experience in handling a variety of commercial disputes. Our attorneys have successfully litigated cases involving contract disputes, trade secret disputes, intellectual property infringement, violations of restrictive covenants, RICO claims, consumer fraud claims, class action claims, and director and officer liability claims.
Our attorneys have represented clients before various state and federal courts as well as administrative agencies and arbitration panels. The Business Litigation group’s success over the years has attracted a variety of clients, ranging from individuals and small businesses to Fortune 500 companies and government entities.
In addition to litigating disputes, we provide service and counseling to clients regarding the formation, maintenance, and dissolution of any business enterprise. Our attorneys draft commercial contracts, including real estate contracts and contracts for the purchase and sale of stock, supervise the formation of employee stock ownership plans, and counsel clients on dealer termination and franchise distributorship issues. We also counsel clients regarding wealth management and estate planning issues.
Representative Cases
- Represented former president of golf equipment manufacturer in shareholder derivative action against former officers and accountants.
- Obtained preliminary injunction on behalf of manufacturer of computer networking equipment enjoining its former employees from using its trade secrets in a new competing enterprise.
- Represented national manufacturer of football helmets and shoulder pads in suit seeking to prevent competitor from illegally using technology contained in manufacturer’s pending patent application.
- Represented a manufacturer of insulated cargo blankets in an unfair competition and trademark infringement claim in federal court that resulted in a substantial settlement in favor of the manufacturer and trademark holder.
- Received a directed verdict in favor of real estate appraisers charged with overvaluing an office building in a suit by a national bank. The bank charged that the allegedly faulty appraisal caused it to issue a loan that was in excess of the property’s value. The bank further contended that the loan later defaulted, causing the bank more than $2 million in damages. After six days of trial before a jury, the judge granted a directed verdict in favor of the real estate appraisers.
- Successfully defended law firm charged with malpractice stemming from its representation of former client in the sale of an internet business. The former client charged that the law firm failed to provide for a “cashless exercise” of securities that were given in exchange for the business, thereby triggering a one-year holding period under applicable securities laws before the securities could be sold. After a two-week trial, a jury returned a “not guilty” verdict that was later upheld on appeal.
- Represented property owners in a dispute with national advertising company regarding lease of commercial property.
Recent Opinions
- Obtained sanctions award on behalf of a small business whose former employee copied and downloaded business’ confidential and proprietary information. The employee later attempted to discard evidence of his efforts. Legacy, Inc. v. Tekserve POS, LLC, 2007 WL 772958 (N.D. Ill. March 12, 2007).
- Appellate court affirmed judgment on jury verdict obtained on behalf of law firm sued for malpractice. Weisman v. Schiller, DuCanto & Fleck, Ltd., 368 Ill.App.3d 41, 856 N.E.2d 1124 (1st Dist. 2006).
- Successfully argued that summary judgment was inappropriately granted in a suit brought by a client against his former accountants. Accountants had sought summary judgment on issue of statute of limitations, but appellate court held that summary judgment was not appropriate under the circumstances of the case because damages had not accrued to the client at the time the accountants contended the statute of limitations began to run. MC Baldwin Financial Co. v. DiMaggio, Rosario & Veraja, LLC, 364 Ill.App.3d 6, 845 N.E.2d 22 (1st Dist. 2006).
- Successfully argued that trial court abused its discretion in not granting preliminary injunction against former employees who attempted to use trade secrets obtained during course of their employment with a manufacturer of computer equipment. The former employees had downloaded customer lists, bids, and sales quotations. The appellate court found that an injunction was appropriate and necessary to protect the manufacturer’s interests. Liebert Corp. v. Mazur, 357 Ill.App.3d 265, 827 N.E.2d 909 (1st Dist. 2005).
- Obtained dismissal of complaint on basis of improper venue in action filed by international machine tools manufacturer against insurer and law firm. Hyundai v. Illinois Nat’l Ins. Co., 2005 WL 1229740 (N.D. Ill. May 12, 2005).
- Defeated summary judgment on behalf of inventor alleging tortious interference with prospective advantage, defamation, and fraudulent misrepresentation, allowing case to be tried to successful verdict. Kikson v. Underwriters Laboratories, Inc., 2005 U.S. Dist. LEXIS 6269 (N.D. Ill. March 31, 2005)
- Obtained summary judgment on behalf of mortgage broker in suit alleging claims under Fair Housing Act and Equal Credit Opportunity Act. Dumas v. Sentinel Mortgage Corp., 2003 WL 22859807 (N.D. Ill. Dec. 2, 2003).
Business Litigation Attorneys |