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 bgrayson@straussmalk.com.
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.
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