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General & Commercial Litigation

Our Practice

Following the philosophy of one of our founders, Phil C. Neal, we continue to believe that candid advice and a true understanding of our clients’ businesses, coupled with an unwavering commitment to excellence in our craft, will drive success, which we always measure through meeting our clients’ goals.

Our Team

We have more than 30 attorneys who focus only on litigation. Our diverse team includes former federal and state prosecutors and regulators, law professors, and CPAs, to name a few. Our attorneys are recognized as leaders by Chambers USA, The Best Lawyers in America, The American College of Trial Lawyers, and U.S. News-Best Lawyers’ “Best Law Firms” survey for general commercial litigation.

Our Clients

We represent public and private companies, as well as individuals, located throughout the world and spanning countless industries.

  • Six of the Fortune 25 call on us to represent them in litigation and investigations.
  • We have handled matters pending in numerous states, including Alabama, Arizona, California, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Louisiana, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Washington, West Virginia and Wisconsin.
  • We recently handled matters for clients based in Australia, Canada, South Korea, the United Kingdom, and the UAE.
  • Our trial lawyers regularly appear as counsel in sensitive matters, including as counsel for the Governor of Illinois, the Government of Canada, one of the Emirs in the UAE, the Supreme Court of Illinois, and as a court-appointed receiver in SEC enforcement proceedings.

Success Short of Trial

In many matters, we successfully direct our efforts toward dismissal on the pleadings or on summary judgment. A few examples include:

  • Obtained dismissal for lack of jurisdiction for a Fortune 25 company in a qui tam action under the False Claims Act.
  • Persuaded the federal government to dismiss an indictment against our client, a CFO, before trial, at which the government obtained a jury verdict against others named in the indictment.
  • Obtained dismissal, with prejudice, under the First Amendment on behalf of prominent newspapers in a defamation and invasion of privacy matter.

We Try Cases

Success short of trial is not always feasible. In those instances, our clients and adversaries recognize that we try cases. In addition to a collection of arbitrations and multi-day trials, our trial teams represented clients in three separate multi-week federal jury trials.

  • Prosecuted claims for fraud and breach of fiduciary duty seeking more than $550 million in a five-week jury trial in federal court.
  • Obtained complete defense verdict in a two-week jury trial on behalf of a Fortune 25 bank accused of participating in the embezzlement scheme of a fiduciary.
  • Following two visits to the Seventh Circuit and one to the Supreme Court, served as defense counsel in a four-week jury trial in a civil RICO action involving property tax sales.

Appeals

We handle appeals throughout the United States. The majority of our appeals arise from matters we handle from inception, though many are as counsel for amicus curiae or as appellate counsel. A few examples include:

  • The Seventh Circuit affirmed and accepted our argument, on behalf of a Fortune 25 institution, that the Fair Credit Reporting Act completely preempts common-law claims against credit information furnishers.
  • Bypassing the district court, the Seventh Circuit affirmed the bankruptcy court and accepted our argument that the cram-down provisions of the Bankruptcy Code could not be used to avoid our client’s $40 million mortgage interest in a debtor’s commercial property.
  • The Illinois Appellate Court affirmed summary judgment and agreed with our Fortune 50 client that federal change tax liabilities did not constitute “tax liabilities eligible for amnesty,” which could have triggered more than $2 million of double interest under the Illinois Tax Delinquency Amnesty Act of 2003.

Other Significant Matters

Throughout the last several years, we have handled some of the most complex, sophisticated matters:

  • Successfully defended a nationwide antitrust class action seeking $4.5 billion in damages. 
  • Through partial summary judgment and a jury trial, defeated a multi-claim lawsuit against the three national credit reporting agencies that asserted the agencies violated antitrust and intellectual property laws by developing a competing credit score.
  • Successfully defeated claims for hundreds of millions of dollars relating to auction rate securities.

Please click any of the practice areas to the left to learn more about the individual groups and services of the firm.