Goldberg Kohn - Attorneys at Law Goldberg Kohn Ltd
Goldberg Kohn

Business disputes are an unfortunate but inevitable byproduct of business activity. Serious disputes can be an extraordinary drain on management's time and on an enterprise's capital. Accordingly, each dispute must be dealt with effectively and efficiently. When you engage our litigators to assist in the resolution of a business dispute, we determine your goal, gather the facts, evaluate the legal issues and then focus our efforts on achieving your goal efficiently.

If the objective can be achieved by settlement, we are skilled negotiators. If a matter can be resolved by summary legal disposition, we go after that result. If you wish to avoid courtroom litigation, we guide the matter through mediation, arbitration or other conflict resolution processes. However, when matters must be tried, we deliver.

We have a history of prevailing in difficult cases. After another firm received an unfavorable result for a Midwest utility company in a major property tax dispute, we were given the unenviable challenge of handling a virtually identical case in another county. We developed a new approach to the facts and a new legal theory, and we prevailed at trial and on appeal, ultimately winning the largest annual tax reduction in Illinois history. We also have extensive experience defending major consumer class actions for clients in a variety of industries, including financial services and telecommunications. In all of our litigation work, our touchstone is solving client problems through aggressive and creative advocacy.

For more information on our Litigation & Alternative Dispute Resolution Group, please contact:

Fred Klein
312.201.3908
frederic.klein@goldbergkohn.com

Representative Matters

Banking and finance law. We represent banks and other financial institutions in matters involving venture capital disputes, fraudulent conveyance, lender liability, consumer credit, bankruptcy and foreclosure, and indenture trustee litigation.

  • After an adverse decision by the Circuit Court of Cook County, the firm was engaged by a major bank to intervene in litigation in which the issuance of $1 billion worth of state agency bonds was challenged and found unconstitutional. The validity and enforceability of the bonds were at risk. The firm took the matter directly to the Illinois Supreme Court and obtained a reversal of the trial court decision. This issue was resolved within nine months of the firm's engagement and has become a leading case on the use and propriety of special purpose state agency financing techniques.

Bankruptcy and creditors' rights litigation. We have extensive experience in the bankruptcy court representing creditors in all types of claims arising out of complex insolvency proceedings.

Construction disputes. We have mediated, prosecuted and defended numerous commercial construction disputes.

Constitutional challenges and tax matters. We have defended states in constitutional challenges to statutes attacked under the Commerce Clause. We have also defended state agencies in constitutional challenges to their right to issue bonds.

Class action defense. We defend banks, credit card and finance companies, debt collectors, attorneys in the collection industry, and consumer product companies in courts around the country in class actions brought under both state and federal law.

  • In defending our client in a class action, we learned, through discovery and independent investigation, that the plaintiff and plaintiff's counsel had filed at least seven similar class actions in the past year, drawing into question the plaintiff's fitness as a class representative. The plaintiff offered to forfeit the class members' claims in exchange for a settlement with the named plaintiff only. Instead, we insisted on a voluntary dismissal and filed a motion for fees and costs against the plaintiff and counsel. (The six other class actions, defended by other law firms, proceeded.)

Copyright, trademark and patent matters. We enforce our clients' trademarks and copyrights, and defend companies in infringement suits.

  • Fender Musical Instruments Corp., the manufacturer of some of the most famous brands of guitars and amplifiers in the world. In one action, we brought suit against a corporation and its officers who were violating Fender's trademark rights by selling illegal gray market and counterfeit goods, and representing the corporation's stores as authorized dealers of Fender products. See Fender Musical Instruments Corp. v. Unlimited Music Center Inc., 1995 WL 241990 (D. Conn.). We obtained a summary judgment on Fender's behalf, resulting in a seminal ruling on the enforceability of certain of Fender's rights.

General commercial. We handle disputes involving contracts, partnerships, trade secrets, environmental issues, corporate control and commercial fraud.

Insurance coverage disputes. We represent companies seeking to recover claims from their insurers under their comprehensive general liability policies.

Labor and employment disputes. We defend companies in matters involving allegations of discrimination, sexual harassment, wrongful discharge, and violations of wage and hour laws, and we litigate other employment-related issues.

  • We were engaged by a publicly held financial institution that was the victim of employee raiding by a competitor in a critical line of our client's business. We sought and obtained emergency relief for tortious interference with our client's contractual relationships with its employees. Afterward, the matter quickly settled.

Product liability and toxic torts. We have extensive experience litigating a wide variety of product liability cases for industrial and high-tech manufacturers. We have served as national and regional counsel and have counseled corporations on litigation prevention and on litigation management. We also have experience representing companies in a wide range of toxic tort cases, including those involving mass torts and catastrophic injuries.

Real estate disputes. We represent owners, developers, REITs, institutional investors and end users in insolvency proceedings, commercial lease and landlord/tenant disputes, partnership disputes, and environmental matters.

  • Our firm was engaged by a REIT that had a controlling interest in a valuable piece of oceanfront property. Our client was not in a financial position to develop the property. A minority owner sought to take advantage by tendering a very low offer and threatening litigation. We developed a preemptive first-strike strategy and brought a declaratory judgment action, resulting in an $8 million increase in the sale price.

Securities litigation and SEC matters. We have extensive experience litigating matters involving securities fraud, shareholder rights, venture capital transactions, corporate bonds and other debt instruments.

Taxation. We represent companies in property tax appeals, and we have represented state governments in constitutional challenges to various types of taxes.

Representative Clients

  • AAR Corp.
  • Abbott Laboratories
  • Bank of America, N.A.
  • Career Education Corp.
  • CDW, Inc.
  • Chevron Corporation
  • Chicago Sun-Times
  • Chicago Tribune
  • Commonwealth Edison Co.
  • CT Corporation
  • Dell, Inc.
  • DePaul University
  • Dollar Tree Stores Inc.
  • Dresser, Inc.
  • Edelman Public Relations
  • Exelon Corporation
  • Fender Musical Instruments Corp.
  • Harris, N.A.
  • HomeEq/Barclays
  • Huron Consulting, Inc.
  • Interpublic Group of Companies
  • JPMorgan Chase
  • LaSalle Bank, N.A.
  • Mesirow Financial
  • Mesirow Insurance Services, Inc.
  • Navigant Consulting, Inc.
  • Omron Corporation
  • Paris Presents, Inc.
  • Salvagnini America, Inc.
  • S.C. Johnson & Son, Inc.
  • Seko Worldwide
  • Senario LLC
  • Sprint Nextel Corporation
  • TCF National Bank
  • The University of Chicago
  • U.S. Bank National Association
  • U.S. Trust Company of New York
  • Urban Outfitters Inc.
  • Wells Fargo, Inc.
  • Wolters Kluwer North American Shared Services
 

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