Arlington Heights Commercial Litigation

Reputable Commerical Litigation Lawyers In Illinois

Navigating the complex legal landscape of commercial litigation can be daunting, but with the right law firm on your side, your company will have a better chance of achieving success. At Dickler, Kahn, Slowikowski & Zavell, Ltd., we provide experienced and knowledgeable representation for clients involved in all types of commercial litigation cases. Our attorneys are well-versed in handling these matters effectively. We understand that every case is unique, so we strive to provide personalized solutions tailored specifically to meet each client's needs while maintaining an ethical approach throughout the process. With more than 150 years of combined legal experience among our attorneys and a track record of successfully resolving even the most complicated issues related to commercial litigation, you can trust us as your reliable partner when handling business disputes.

Commercial Litigation Overview

There are a variety of situations in which legal disputes may arise that involve two or more parties who have encountered conflicts related to business issues. Commercial litigation may be used to address multiple different types of business disputes. These may include contract disputes involving disagreements between parties over the terms of a legal agreement; shareholder disputes in which shareholders, members of a board of directors, or other parties with a financial stake in a company disagree about how to manage the company's affairs; disputes related to deceptive business practices which a company is accused of committing illegal acts that misled consumers, clients, or partner businesses about products or services offered for sale; or collections cases involving attempts by creditors to recover money owed from debtors who have failed to make payments according to agreed upon terms.

Commercial litigation is a complex area of the law, and it is important to have experienced legal counsel on your side when determining how to resolve legal disputes either in the courtroom or through the negotiation of out-of-court settlements. Our attorneys are prepared to provide strong, effective representation in these matters, and in addition to pursuing or defending against lawsuits, we can help our clients determine when it may be beneficial to use methods of alternative dispute resolution such as mediation or arbitration.

Contract Disputes

A contract dispute occurs when two parties disagree on the terms of a contract or when a party fails to fulfill its obligations. To prove that a breach of contract has occurred, the non-breaching party must show that there was an agreement between both parties, that the contract is legally enforceable, and that one party failed to meet its obligations. If the non-breaching party can demonstrate that a breach occurred, they may ask the court to award certain types of remedies.

The most common types of remedies for breach of contract are compensatory damages and specific performance. Damages may be awarded by a court to compensate the non-breaching party for any and all losses it experienced because of the breach. Specific performance is an order from a court requiring the breaching party to perform their contractual duties as outlined in the original agreement.

Our experienced attorneys can help the parties involved in contract disputes understand their rights under the applicable state laws and determine what types of remedies are appropriate in a specific situation. We can also provide guidance on how best to resolve disputes without going through litigation if possible, and we can assist with filing any necessary paperwork and representing clients during negotiations or at trial if needed. Contract disputes can be complex and time-consuming to resolve, but by understanding the applicable laws and the available remedies, the parties to a contract can ensure that they will be able to address these matters correctly.

Shareholder Disputes

There are a variety of situations in which disagreements may arise between shareholders in a company or corporation. These disputes may be related to issues such as mismanagement, fraud, or breach of fiduciary duty. Shareholders may also disagree on the direction of the business or how profits should be distributed. Some common cases involving shareholder disputes include:

• Derivative action lawsuits - One shareholder may sue another on behalf of the company for damages caused by the shareholder's actions. For example, if an officer has engaged in fraudulent activities that have harmed the company's finances, other shareholders may bring a derivative action lawsuit against them to recover losses suffered by the company due to their misconduct.
• Class-action lawsuits - Multiple shareholders may join together to sue either another individual or group within the organization for damages they have incurred collectively due to wrongful conduct or negligence. For example, shareholders may believe that they were misled about certain aspects related to investing in a particular stock, and they may have lost money as a result. To address this issue, shareholders may band together and file suit against those responsible for providing false information about that stock investment opportunity.
• Minority oppression lawsuits - Majority owners may take advantage of minority owners by denying them access to important financial information regarding their investments or refusing them voting rights within the organization. In these cases, minority owners are often able to seek legal recourse through court proceedings in order to protect their interests and obtain compensation for any losses incurred as well as punitive damages awarded against those who oppressed them financially and/or denied them voting rights without cause or justification beyond self-interests alone.

Deceptive Business Practices

A business or may be accused of engaging in illegal acts that deceive consumers or other businesses for financial gain. Those who have suffered losses or damages due to deceptive business practices may be able to take legal action to hold a business or its officers responsible for wrongdoing. These cases may address issues such as:

• False advertising: Companies may make false claims about their products or services in an effort to lure customers into buying them. Examples include exaggerating the benefits of a product, making misleading statements about its performance, and using fake testimonials from "satisfied" customers.
• Bait-and-switch schemes: These schemes involve luring customers with attractive offers only to manipulate or coerce them into purchasing higher-priced goods or services. For example, car dealerships may advertise low prices on certain models, but they may then try to upsell buyers on more expensive options.
• Misrepresentation of products/services: A company may make false claims in order to convince people to purchase products or services that do not actually provide what was promised. Illegal actions could include lying about quality, durability, or safety standards, which can lead unsuspecting consumers into purchasing products or causing a business to pay for services that it did not actually receive.

Victims of deceptive business practices have legal remedies available through consumer protection laws such as the Federal Trade Commission Act (FTCA). Under this law, victims may be able to seek damages for losses incurred due to fraudulent activities, including restitution payments and reimbursement for attorney fees and court costs associated with filing suit against the offending party or parties. Additionally, state laws may provide additional protections for consumers while addressing unfair competition and other illegal business practices. With the help of an attorney, businesses can pursue lawsuits against other companies that have acted illegally, or they can defend against claims that they have engaged in deceptive practices.

Collections

Creditors will often need to take action to collect unpaid debts or receivables. Creditors may take a variety of collection actions, such as sending letters demanding payment or initiating legal proceedings. Debtors have several strategies for dealing with collections, including negotiating a settlement with the creditor or filing for bankruptcy protection.

It is important for creditors to follow the correct procedures during the collections process. Failure to comply with applicable laws and regulations governing commercial collections can result in significant legal consequences. Under the Fair Debt Collection Practices Act (FDCPA), consumers are protected against unfair practices like harassment and false statements used by creditors during collection efforts against them. Under FDCPA guidelines, consumers can file complaints against debt collectors who engage in prohibited behavior and seek damages if appropriate relief cannot be obtained through negotiation alone. Creditors may be held liable for damages awarded by the court if they violate state or federal debt collection laws. Additionally, creditors may face civil penalties from regulatory agencies such as the Federal Trade Commission (FTC) for illegal debt collection tactics.

Commercial litigation may provide creditors with a number of options for collecting what is owed. If a creditor secures a legal judgment against a debtor, they may be able to garnish wages, place a lien on property, or seize assets to satisfy the debt. A commercial litigation attorney can help creditors file liens, collect judgments from other states, and pursue other legal remedies to recover what is owed.

When taking action to collect debts or payments, an experienced commercial litigation attorney can provide guidance on how best to protect a creditor's rights while collecting debts and avoiding potential legal pitfalls. An attorney can also represent creditors in court or negotiate settlements that will protect a creditor's financial interests, and they can help to resolve disputes as efficiently and effectively as possible.

UCC Claims

Under the Uniform Commercial Code (UCC), businesses may be able to pursue claims to recover money lost due to commercial transactions that were not performed as agreed upon. The UCC is a set of laws governing commercial transactions involving the sale of goods and services. It provides a framework for resolving disputes between parties involved in business transactions.

In many cases, commercial litigation involving the Uniform Commercial Code will address UCC sales of goods claims. Issues addressed in these claims may include the assumption of risk by either the buyer or the seller, the right of inspection that applies to buyers, and the seller's right to cure defects that are discovered. Determining how the UCC applies in these situations can often be a complex matter, and buyers and sellers will need to work with an attorney who has a strong understanding of the laws that will affect them.

When recovering debts under the UCC, creditors will need to follow certain procedures. They will usually be required to provide written notice to debtors of their intent to collect the amounts owed. These notices are known as UCC-1 statements, and they must meet certain requirements to be legally valid, including identifying the collateral that was used to secure a debt. Our attorneys can assist with multiple types of UCC-1 statements, including specific collateral statements and blanket liens.

Commercial Litigation FAQs

What Is a Commercial Lawsuit?

A commercial lawsuit is a legal dispute between two or more parties, usually involving money or property. These cases may involve contract disputes, product liability claims, negligence actions, and other matters related to business law. Commercial lawsuits are typically heard in civil court, and the outcome of a case may result in an award of damages to one party or another. Depending on the complexity of the case, it may take months or even years for a resolution to be reached.

How Is Commercial Litigation Different From Other Types of Litigation?

Commercial litigation involves disputes between two or more parties, usually businesses, over contractual agreements and other matters related to commerce. This type of litigation differs from other types of lawsuits in that cases will typically involve complex issues such as breach of contract, fraud, intellectual property rights violations, antitrust claims, or unfair competition. Commercial litigation often requires attorneys to have extensive knowledge about the industry involved in order to effectively resolve disputes. Commercial lawsuits are often high-stakes cases with large amounts of money or other valuable assets at stake for both sides, and they require experienced attorneys who understand how to navigate through the complexities of these cases.

Contact Our Chicago Commercial Litigation Attorneys

Commercial litigation is a complex area of the law that requires experienced legal representation. Our firm has the legal knowledge and experience needed to provide effective counsel in contract disputes, shareholder disputes, collections, and cases involving deceptive business practices. We understand the nuances of commercial litigation, and we can help you protect your rights and interests. Contact us today at 847-593-5595 for more information about how we can assist with your commercial litigation needs.

We provide legal help to business owners, investors, real estate developers, and others, and we assist with litigation related to all areas of business. Our firm serves clients across Illinois, including Cook County, Winnebago County, McHenry County, St. Clair County, DuPage County, Boone County, Kane County, Sangamon County, Will County, Rock Island County, Kankakee County, Champaign County, and Grundy County. We also work with national and international businesses, helping them address legal issues in Illinois, nationally, and internationally.