Commercial disputes are inevitable, and when they occur, companies in a diverse array of business sectors – banking, manufacturing, finance and insurance, pharmaceuticals, professional services, real estate and retailing – rely on Shaw Fishman to assess the risks and develop the strategies for litigation. We understand their business interests, the issues at stake and the best strategy for resolution. Our objective in any commercial dispute is to resolve it in the way that works best for our client, whether that involves settlement, arbitration, mediation or trial.
Many commercial disputes settle before cases go to court, but our lawyers’ experience as first and second chairs in jury and bench trials around the country provides a distinct advantage against “litigators” who have never actually tried a case. Such trial experience gives us the best perspective to advise clients on whether to avoid, commence, settle, try or mediate a dispute. A number of our litigators have practiced at large national firms before joining Shaw Fishman, which means we serve major corporations and small businesses alike with a combination of sophisticated case management practices and personalized, responsive counsel.
At trial, in dispute resolution proceedings or during settlement negotiations, each Shaw Fishman litigator is actively involved in every aspect of case management: risk assessment counseling, preliminary injunctions, discovery and trial proceedings. With an effective appellate practice which includes the Illinois Supreme Court and the Seventh Circuit Court of Appeals, we are frequently able to preserve decisions in favor or reverse decisions against our clients on appeal. As one of the top bankruptcy firms in the country, we have exceptional strengths at resolving disputes that involve such issues as financial fraud, default and foreclosure.
In recent cases our lawyers have secured multi-million dollar judgments – including jury verdicts – in cases involving disputes over contracts, distribution agreements, insurance coverage, trade secret misappropriation and deceptive trade practices. We have litigated cases in state and federal courts throughout the country, and are familiar with the full range of remedies available under the Uniform Commercial Code. Because experienced trial lawyers directly handle every case from start to finish, our clients get creative yet pragmatic strategies that other, less focused firms often overlook. For any matter we help clients analyze the risks and benefits of litigation. Our litigators understand the financial and practical costs of litigation, and develop cost-effective solutions to resolve the dispute as client needs require.
- Litigation risk counseling
- Bench and jury trials
- Arbitration and mediation
- Negotiation and settlement
- Appeals in state and federal courts
- Proactive advice on contract and employment matters