Business Litigation
Corporate law is a necessarily expansive practice area, touching myriad business and legal issues with extraordinary nuance. An excellent corporate law practice requires both thoroughgoing knowledge of every matter at hand and an adamantine desire to optimize the client’s standing. We have both.
Gardiner Koch Weisberg & Wrona’s top-shelf reputation in corporate law has been well-earned in the trenches. We serve as outside counsel to more than 180 closely held companies, engaging all legal matters–transactional and litigation alike.
Our litigation practice is aggressive and very, very effective. When challenges arise, we litigate on our corporate clients’ behalves. These matters cover every imaginable theme, from contract disputes to complex commercial, employment, restrictive covenant and intellectual property cases.
GKWW’s attorneys reliably provide solid advice across the full breadth of the corporate practice area. We’re proud to support our clients with the knowledge and experience to ensure their business success–often serving as a sounding board for company executives regarding general business decisions as well as legal matters.
We’d love to partner with your business, too. We invite you to contact us for a free consultation.
Scroll down to see our focus areas within business litigation: Contract Disputes & Fraud Claims, Shareholder Disputes & Corporate Governance; Partnership Disputes; Employment Discrimination Claims; Sexual Harassment Litigation; Restrictive Covenants & Non-Compete Agreements; Negligence Claims; Regulatory & Administrative Litigation; and Real Estate Litigation.
Since our establishment in 1992, Gardiner Koch Weisberg & Wrona has brought a sophisticated, well-knit mosaic of expertise to bear in several practice areas. We are aggressive, ethical advisers who get things done.
To reach our office, call 312.362.0000
For after hours calls, dial 312.371.6279
Contract Disputes & Fraud Claims
Contract Disputes
In the United States, businesses run based upon a framework of contracts–with business partners, with vendors, with key employees, with independent contractors, with developers, and others. Our firm has handled hundreds of disputes involving every kind of legal document that a business might enter into. We determine the claim’s risk/reward balance early in the process, identifying the most effective method to pursue a resolution and acting accordingly.
Fraud Claims
These claims are divided into two categories: survival claims and wrongful death claims. A survival claim compensates the deceased person for the pain and suffering he or she experienced before death. A wrongful death claim compensates the deceased person’s family members for the loss of financial and relational support and security caused by the death. Our firm handles both survival and wrongful death cases, and we have a proven track record across a wide scope of situations in which these tragedies may occur.
Shareholder Disputes & Corporate Governance
Our attorneys have represented shareholders and members in every type of shareholder, corporate, and limited liability company dispute.
Over the years, we’ve handled every permutation of shareholder dispute: between partners, relating to partnership agreements; between members, relating to the operating agreements of limited liability companies; between shareholders, involving shareholders’ agreements on corporate bylaws and so on. We’ve handled disputes involving cram-downs, sales to third parties, breaches of fiduciary duty, embezzlement, claims under the Illinois Business Corporation Act, cases involving corporate law of Delaware and other states, clashes over executive authority, and challenges involving restrictive covenants, non-competes and trademark disputes.
We’re sensitive to the fact that, often, this is “bet the farm” litigation that involves our client’s life’s work. With that firmly in mind, we put our experience to work to make appropriate strategic decisions in preparing the case. We keep our clients meticulously informed of our progress as this crucial litigation unfolds.
In the process of settling this type of litigation, we often use mediators to facilitate. We’re extremely knowledgeable regarding the mediators available, and we use our tax lawyers to advise executives as to the financial impact on the scope of issues involved.
Partnership Disputes
Over the years, our attorneys have handled nearly every permutation of partner dispute. We have handled litigation relating to partnership agreements, informal agreements, and operations. We’ve handled disputes involving sales to third parties, breaches of fiduciary duty, embezzlement, claims under the Illinois statutes, cases involving corporate law of Delaware and other states, clashes over executive authority, and challenges involving restrictive covenants and non-competes.
We’re sensitive to the fact that, often, this is “bet the farm” litigation that involves our client’s life’s work. With that firmly in mind, we put our experience to work to make appropriate strategic decisions in preparing the case. We keep our clients meticulously informed of our progress as this crucial litigation unfolds.
In the process of settling this type of litigation, we often use mediators to facilitate. We’re extremely knowledgeable regarding the mediators available, and we use our tax lawyers to advise executives as to the financial impact of the scope of issues involved.
Employment Discrimination Claims
At GKWW, we are well-versed in every aspect of–and perspective on–the delicate, often emotionally-charged sphere of employment discrimination. We have represented both sides, helping to eventuate a fair, respectful, watertight closure of the matter.
Sexual Discrimination
Our firm has handled claims involving harassment by one municipal employee against another. We have also handled cases involving claims that employees were fired or demoted based upon failure to provide sexual favors (or based upon the employee’s sexual orientation). We have represented municipalities and individuals relating to claims of hostile work environments (in which sexual banter or activities were allegedly pervasive). We have represented parties in cases involving claims involving sexual comments, sexual touching, consensual relationships (involving off duty and on-duty conduct) and terminations based upon new marriage or family relationships.
Racial Discrimination
We have represented parties in practically every type of discrimination matter involving race. Sometimes, these cases involve overt racial comments and actions; more commonly, they are alleged to involve subtle discrimination or discrimination.
National Origin Discrimination
While it’s a less frequent claim than race or sex discrimination, national origin discrimination clearly exists. In the post-9/11 world, certain stereotypes have unfortunately led to an increase in this type of discrimination. GKWW’s attorneys have successfully represented parties involving such claims.
Religious Discrimination
While religious discrimination may also be related to national origin or race discrimination, it occupies a distinct space and must be treated as a unique entity. We have successfully litigated these matters on behalf of our clients.
Sexual Harassment Litigation
GKWW’s attorneys have represented both employers and employees in disputes involving sexual harassment and related hostile work environments. We have litigated Title VII and other federal suits–including retaliatory discharge and whistleblower cases–involving sexual harassment, and have represented parties in connection with similar state law claims and other claims (such as battery, intentional infliction of emotional distress and defamation).
Covenants & Non-Compete Agreements
GKWW’s attorneys demonstrate significant experience in handling cases brought under the Family and Medical Leave Act–both from the employer and employee perspective. As such, we can provide vital advice from both perspectives.
We help companies to ensure that their policies are in compliance with the Act. We have represented employers who are accused of violating its provisions. We have also represented employees who believe that their requests for leave under the Act were wrongfully denied, or that their employer has retaliated against them for exercising their rights under the Act.
Negligence Claims
Gardiner Koch Weisberg & Wrona has handled thousands of negligence cases: situations within which person who owes a duty to another has breached that duty and, in so doing, caused damages. Our attorneys have litigated, negotiated and settled negligence matters involving hundreds of millions of dollars.
Negligence cases occur across the spectrum of law. These include, for instance: automobile accidents, medical malpractice, nursing home liability, product liability and slip-and-fall injuries while visiting the property of a responsible person (or business). In the business world, negligence can also occur in a wide variety of commercial contexts in which one party is alleged to have breached a duty to another company or person.
We regularly litigate negligence cases in both the state and federal courts of the Chicago metropolitan area, as well as its surrounding suburban and exurban communities. We’ve also handled matters in northwest Indiana and southern Wisconsin (as well as federal courts throughout the country).
Regulatory & Administrative Litigation
Over the years, we’ve built a reputation for our expertise, experience and achievement on behalf of our clients in cases involving regulatory matters before administrative and regulatory bodies. James B. Koch has particular expertise in this area, because he served as a lawyer for a regulatory organization before founding GKWW.
We have successfully represented our clients before the National Futures Association, the Commodities Futures Trading Commission, the Securities and Exchange Commission, the Merit System Protection Board, the Equal Opportunity Commission, the Illinois Department of Human Rights, the Attorney Registration and Disciplinary Commission, the Department of Professional Regulation and various other agencies, plan commissions, zoning boards and municipal entities.
Real Estate Litigation
The practice of real estate litigation is key to what we do at GKWW, and requires sophistication and a wide breadth of expertise.
Our team has represented businesses, developers, municipalities, and individuals before federal and state courts in Illinois, Wisconsin, and elsewhere. We’ve also frequently appeared before zoning boards, planning commissions, municipal boards and condominium associations.