Business Litigation —

Figliulo & Silverman, with its extensive experience in all facets of commercial litigation, has won important victories for its clients. In a broad range of matters, the firm has skillfully represented businesses and individuals in trials, arbitrations and mediations concerning complex business disputes.

The business litigation handled by Figliulo & Silverman covers all types of commercial disputes, including partnership and corporate disputes, securities litigation, class actions, bankruptcy, and employment litigation. The following is a representative sample of recent matters handled by the firm:

• Successfully petitioning Court of Appeals for panel rehearing, and obtaining reversal of summary judgments that had been entered by the trial court against our clients, a group of former employees of a bankrupt company who had been sued on unpaid promissory notes evidencing bank loans, the proceeds of which had been used to finance investments in company stock.  The Court of Appeals held that the trial court had erroneously rejected our clients’ defenses that the promissory notes were unenforceable by reason of multiple violations of federal securities laws committed by the company and the bank.
• Successfully defending at trial a construction company against claims of single employer liability for unpaid union dues, delinquent contributions and other damages that were owed by a subcontractor to trust funds.
• Successfully petitioning Court of Appeals for a writ of mandamus ordering the trial court to dismiss our client, a Hungarian bank, from a $75 billion putative class action suit brought by a group of Holocaust survivors, and by the heirs of other Holocaust victims, alleging that our client and other Hungarian banks had participated in expropriating property from Jews during the Holocaust.
• Representing an insurance industry provider in complex class action relating to PPO payments.
• Successfully representing an attorney for governmental body in RICO claim dismissed by Court.
• Obtaining a $41.7 million jury verdict relating to breaches of warranty under a purchase and sale agreement for a chemical plant outside Joliet, Illinois.
• Representing antitrust plaintiff in a matter involving an alleged discriminatory pricing policy by a Japanese supplier of a US company.
• Representing a former CEO in multi-billion dollar litigation where plaintiffs alleged that CDO investment vehicle violated state qui tam statute.
• Representing a financial services firm against former employee’s claim that firm improperly valued stock appreciation rights.
• The defense of a Big Four accounting firm in various matters, including defense of lawsuits alleging securities fraud and defense of lawsuits commenced by bankruptcy trustees alleging breach of contract and accounting malpractice.
• Dismissal of a legal malpractice action against a major Chicago law firm by showing in a motion for summary judgment that the plaintiff’s claim was barred by a prior indemnification agreement.
• Representing the owners of a prestigious Michigan Avenue property in the multi-million dollar arbitration to determine the value of the property and rent to be paid by the hotel operated on the site.
• Representing a medical care provider in a trial involving allegations of malpractice, resulting in a jury verdict of no liability against the provider.
• Representing a company against former employees who breached their fiduciary duties by soliciting customers on behalf of a competitive business, which included successfully obtaining a preliminary injunction and a finding of contempt against the former employees.
• Representing a major company as a claimant in a multi-million dollar fraud and breach of contract lawsuit.
• Representing a national healthcare management services firm in class actions alleging breach of contract and consumer fraud in Madison County, Illinois.

In every business dispute handled by Figliulo & Silverman, the client’s case is zealously advocated in order to realize the desired result.