Litigation

Strauss & Malk LLP has a broad-based civil litigation practice. Our experiences range from handling large and complex cases to small straightforward business disputes to overseeing and managing our clients’ regular litigation needs. Having represented businesses of all sizes as well as individuals, and having been on both sides of many different types of disputes, we bring a seasoned and practical perspective to the representation of our clients that distinguishes us from other attorneys and law firms.

We have substantial experience representing clients at trial and in appeals. Also, we routinely represent clients in administrative hearings and alternative dispute resolution proceedings, including arbitration and mediation. We often encourage our clients to engage in alternative dispute resolution so that their disputes may be resolved in a more expeditious, efficient and cost-effective manner with less disruption to their businesses and personal affairs.

At Strauss & Malk LLP, we do not view our role in providing litigation counsel as being confined to handling active controversies and assisting clients in resolving disputes after they arise. We assist clients in avoiding disputes and litigation as well as preparing our clients for possible litigation. For our business clients, we help them identify areas in which they need protection and work with them to prepare agreements and policies that will prevent them from being sued or put them in the best possible position when a dispute or incident arises that may be litigated. In representing individuals, we counsel them on how to avoid costly litigation and how they can best protect themselves in the event of a dispute.

Some of our substantive experience is highlighted below. For more specific information about our litigation practice and how it can serve you and your business, please contact Brad S. Grayson by telephone at 847-562-1400 or by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. .
 
 
 
Company Loyalty and Business Break-up Disputes
In today’s business world, loyalty has declined. People regularly move from one business to another. Key employees leave for what they believe will be greener pastures. In closely held companies, long-time partners often find that their interests, goals and objectives change over time. They may have conflicting ideas about how they want to run their businesses, how much time and effort they want to devote to their businesses, what they want to get out of their businesses or how they want to plan for succession in their businesses, including whether to hand the business down to children and future generations or otherwise involve family members in the business.

Strauss & Malk LLP litigation attorneys regularly advise companies and individuals in these situations and litigate claims that arise from these situations. We counsel companies and individuals concerning permitted conduct and conduct which may give rise to a claim, when an individual is considering leaving or actually departs a company as an officer, director, shareholder, partner, member or key employee. We advise business owners and managers as to how to best protect the company against such departures. We also prepare and consult with clients concerning shareholder agreements, partnership agreements, employment agreements and benefits programs that address these issues. Finally, we handle the litigation of these issues when they arise.

Some of the actual cases and disputes in which we have represented clients are generally described below.

• Prevailed at trial on behalf of an individual sued by his former employer after he left his employment to work for a competitor. The client had been sued for breach of non-competition and confidentiality provisions of an employment agreement, breach of fiduciary duties and misappropriation of trade secrets.
 

• Successful representation of an employer in litigation where two key employees set up a competing company and solicited business for their new company while still employed by our client. The former employees were barred from soliciting business from our client’s customers for a period of two years.
 

• Prevailed in arbitration on behalf of two one-third owners of a closely held business against claims brought by the other one-third owner for breach of an employment agreement, breach of fiduciary duties, fraud, corporate oppression and waste.
 

• Successful representation of a family that owned one-third of a closely held business against the company and other family members who owned the other two-thirds of the business for fraud, corporate oppression, waste and freeze-out. The clients eventually received tens of millions of dollars from the company for their stock in the company as the “fair value” of their stock.
 

• Successful representation of an individual who owned 50% of a closely held business in an action asserting dissenter’s rights, fraud, corporate oppression, waste and freeze-out. The client eventually was paid the fair value of his stock and indemnified by the company against any future actions against him by third parties.
 

• Successful representation of a bank holding company in a dissenter’s rights action filed by minority shareholders opposed to a squeeze-out merger in which their shares were purchased by the holding company at a price lower than that which the effected shareholders claimed was fair. The court upheld the purchase price.

Bank and Financial Institution Litigation
Strauss & Malk LLP attorneys regularly represent banks and other financial institutions in litigation. Our clients include large national banks, community banks and other lenders and financial institutions.

There are two components of our bank and financial institution litigation practice. The first involves efficient, cost-effective, aggressive and responsible handling of loan default collection cases, foreclosure actions, loan workouts and bankruptcy claims.

The second aspect of our bank and financial institution litigation practice involves prosecution and defense of more complex cases and actions involving banks and financial institutions. That experience includes, but is not limited to:

• Successful defense of claims of improper or illegal lending practices, such as alleged racial discrimination in lending and alleged violations of consumer lending laws.
 

• Successful prosecution and defense of claims arising under the Uniform Commercial Code, including claims for wrongful dishonor of check and claims arising from forgeries or unauthorized signatures on checks and other negotiable instruments.
 

• Successful representation of clients in lien priority contests.
 

• Successful defense and prosecution of fraudulent transfer claims.
 

• Successful defense of claims arising from refusals to fund loans pursuant to commitment letters.
 

• Successful defense of claims against bank officers and directors arising from loan committee decisions and board actions or alleged oversights.

Real Estate and Construction Litigation
Strauss & Malk LLP litigation attorneys have substantial experience representing companies and individuals in the full spectrum of real estate and construction disputes. We have represented developers and owners of real estate, landlords and tenants, purchasers and sellers, real estate brokers, condominium associations and unit owners, major construction companies, small construction contractors, subcontractors and individuals in their real estate and construction disputes.

The matters we have handled for our clients include litigation of claims arising from real estate purchase and real estate sales contracts, litigation of land use issues, disputes concerning restrictive covenants and easements, title disputes, lease and landlord-tenant disputes (including eviction actions), construction litigation (including mechanic’s lien actions), and litigation involving condominium associations and condominium unit owners.

The following is a small sampling of the cases and disputes that we have handled:

• Obtained dismissal of suit filed to attempt to force a below market sale of a large parcel of commercial real estate based upon a letter of intent.
 

• Obtained several judgments and arbitration awards in favor of contractors and subcontractors on claims arising from non-payment for work.
 

• Successfully defended slander of title action arising from filing of a lis pendens notice.
 

• Successfully litigated disputes involving shopping center developments, including disputes concerning parking and leases to competitors of existing tenants.
 

• Prevailed in numerous cases on behalf of condominium associations against unit owners for non-payment of assessments and violations of condominium declarations, by-laws, rules and regulations.
 

• Prevailed at trial in a case involving a claim for payment of a real estate sales commission arising from the sale of a hotel.
 

• Obtained summary judgment in defense of a claim for interference with the right to earn a commission on the sale of real estate.
 

• Successfully litigated and resolved numerous claims on behalf of homeowners against sellers and contractors arising from undisclosed defects or construction defects in homes.

Trusts and Estate Litigation, Will Contests and Guardianship Proceedings
Strauss & Malk LLP attorneys have assisted numerous clients in disputes involving trusts and estates, will contests and guardianship proceedings. Frequently, these cases pit family members against each other and involve very sensitive and personal issues. We bring a determined and professional approach to our handling of these matters.

Some examples of our work in this area include:

• Prevailed in a jury trial, upholding the provisions of the decedent’s will, which was contested by several family members.
 

• Prevailed in a case in which we were able to prove that our client’s sister forged a will and deed to attempt to deny our client an interest in his deceased mother’s house.