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LitigationSchwartz Cooper’s trial and appellate attorneys have extensive experience in complex business litigation in state and federal courts in Illinois and throughout the country. We recognize litigation as a powerful tool for achieving business objectives, preferably through negotiation, but in the courtroom when necessary. Antitrust, Business Torts & Unfair Competition Our antitrust experience includes cases arising under the Sherman Act, Clayton Act, Robinson-Patman Price Discrimination Act, and applicable state laws. Our unfair competition trial work includes litigation under the Uniform Deceptive Trade Practices Act and claims of trade secret theft, intellectual property infringement and commercial disparagement. Class Actions Schwartz Cooper attorneys have played an active role in recent years in defending consumer and financial services industry class action claims—and avoiding class certification at both the state and federal level. Our litigators have defended numerous mortgage lenders in putative RESPA and Truth-in-Lending Act (TILA) class actions, succeeding in defeating class action certification or settling claims inexpensively on an individual basis. Construction Our trial lawyers have ample experience both prosecuting and defending construction and construction-related claims. We have handled claims for commercial landlords, tenants and single owners-users, developers, general and subcontractors and design professionals. Among the matters we have handled are construction defect claims, delay-related claims, mechanic's lien claims, and claims against government entities which implicate land use, zoning and constitutional issues. Contract & Commercial Claims for breach of contract are the core of commercial litigation. We are experienced in a wide variety of contract cases including sales litigation under the Uniform Commercial Code including warranty litigation; common law contract claims, including both written and alleged oral contracts; claims based upon the "implied covenant of good faith and fair dealing" that is implied by law in Illinois and most jurisdictions; insurance coverage claims; surety litigation arising from construction projects; real estate contract disputes; license agreement disputes; and related claims for fraudulent inducement. In the franchise area, we have prevailed on "good faith and fair dealing" claims in the United States Court of Appeals and in the Illinois Appellate Courts. Eminent Domain Our attorneys have extensive experience in the area of eminent domain. We represent property owners in condemnation matters involving residential, commercial, industrial and vacant properties. We have defended full takings, partial takings, permanent easements and temporary easements, and have pursued claims for damages. Our attorneys also have represented public bodies in condemnation matters. Employment Schwartz Cooper attorneys have represented both plaintiffs and defendants in employment contract disputes involving senior management and other key employees, and we have litigated numerous employment agreements including both hiring and severance agreements. We represent both plaintiffs and defendants before the federal and state courts and before administrative bodies including the U.S. EEOC and the Illinois Human Rights Commission, in claims of employment discrimination on the basis of race, gender, age and disability, and claims of sexual harassment, retaliation, and wrongful termination. We also have significant trial and appellate experience in litigating covenants not to compete and claims for alleged theft of trade secrets or confidential information involving former employees, and in drafting enforceable contract language in these areas. Environmental Schwartz Cooper’s lawyers have over twenty years of public and private sector experience in the field of environmental law, including substantial litigation. We represent clients on a wide range of contested environmental matters and have defended government enforcement actions under state and federal environmental laws, including CERCLA (the federal “Superfund” law), RCRA, the Clean Air Act, and the Clean Water Act. We have defended clients in matters ranging from tickets issued for alleged violations of county environmental ordinances to prosecutions by the U.S. Department of Justice for alleged violations of federal asbestos abatement laws. We also have experience in the prosecution of environmental claims. Intellectual Property & Technology Our attorneys have prosecuted and defended claims of patent infringement, as well as trademark and copyright infringement. Our cases have covered a broad continuum of areas from the Internet to sporting goods to telemarketing. We also have represented franchisors and franchisees in connection with trademark infringement claims and have handled trademark dilution claims and related unfair competition claims. Schwartz Cooper has represented both plaintiffs and defendants in numerous trade secrets misappropriation lawsuits, in industries ranging from the life sciences and medical technology to basic manufacturing to the service economy. Frequently these disputes arise out of failed joint venture or supplier-customer relationships or in the context of employee non-competition and breach of confidentiality agreement claims. We also have been involved in litigation over software and other intellectual property licenses. In IP and technology litigation, the claims usually are based on breach of contract, and often seek injunctive relief as well as statutory damages under state law (e.g., trade secret theft) or federal law (e.g., the Patent Act, the Copyright Act and the Lanham Act). Real Estate, Including Leasing, Foreclosure & Land Use Real estate litigation includes commercial mortgage foreclosure cases, commercial landlord-tenant disputes, land use and zoning matters, brokerage commission cases and workouts, among other matters. Schwartz Cooper has represented lenders foreclosing on commercial retail and office properties, apartment buildings, farms, partially-completed residential developments, industrial, and specialty and mixed-use properties. We have successfully had receivers and mortgages-in-possession appointed who were able to lease and complete the development of commercial property as it was being foreclosed and collect money during the foreclosure, thereby preserving the value of the collateral. We also have assisted in matters involving receivers and mortgagees-in-possession, and receivers' right to seize rents and other assets held by owners/borrowers. Trust & Probate Our attorneys have handled significant "fiduciary duty" litigation on behalf of, and against, trustees as well as executors and administrators in probate court proceedings. We also have litigated claims for undue influence over a testator's estate plan and related claims for lack of testamentary capacity. Representative Matters
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