Litigation
Today’s legal and regulatory environment is one in which litigation can threaten a company’s very existence. Belongia, Shapiro & Franklin, LLP has extensive experience with such large-scale, “bet-the-company” matters, and we are widely recognized for our ability to handle our clients’ most critical litigation issues. The firm can rapidly assemble a focused, integrated and efficient team to address all important aspects of a client’s problem and to handle numerous cases in multiple jurisdictions and forums.
We represent clients in trial and appellate courts at the federal and state level, before administrative tribunals, and in arbitrations and other dispute resolution proceedings. We also represent clients in connection with proceedings involving government agencies, such as the Securities and Exchange Commission, the U.S. Attorney General’s Office, the National Association of Securities Dealers, the New York Stock Exchange, the U.S. Department of Justice, the Federal Trade Commission, the U.S. Department of Housing and Urban Development, the U.S. Patent and Trademark Office, the U.S. Department of Labor and the Internal Revenue Service.
Our attorneys have experience in numerous industries, including banking, energy, financial services, health care, insurance, manufacturing, mortgage, real estate, retail, technology and telecommunications. We have achieved impressive results for clients in some of the most high-profile cases in recent years, earning a reputation as a go-to firm.
In addition to handling some of the most complex litigation, Belongia, Shapiro & Franklin, LLP’s attorneys represent organizations of limited means in a wide variety of pro bono matters.
Construction Litigation
The Firm represents developers, homebuilders, general contractors, condominium associations, subcontractors and commercial end users in disputes over money and defects. Most of these cases involving the balance owed on the contract, including extras, less set offs to correct any defects or breach of warranties. Although these cases are generally are not complex, there are quite a few factors that increase their complexity.
The overwhelming majority of construction type lawsuits are settled either prior to trial or by the trier of fact, whether judge, jury or arbitrator. Hence, construction disputes are especially suited for alternative dispute resolution. Nonetheless, these types of cases must be handled and the attorney and the client must be prepared to take the case to trial. Our Lawyers represent plaintiffs and defendants in most construction law matters, including:
- Construction Defects Litigation
- Mechanic’s Liens
- Lien Waivers
- Breach of Warranty
- Contract Disputes
- Residential and Commercial Property Claims
- Prepare, prosecute, or defend claims for delay, extra work, cost overruns, non-performance, default, interference and acceleration
- Perfect, resist or enforce construction liens
Employment Litigation
The Firm represents employers and employees in a variety of employment related disputes, including, post termination commissions, large wage claims, covenants not to compete, nondisclosure covenants, nonsolicitation agreements and breach of fiduciary duty. These lawsuits often require immediate action, such as a temporary restraining orders or preliminary injunctions. The tone of the lawsuit will often be set at the hearing on the temporary restraining order, leaving little room for error. Having represented both employers and employees in these kinds of lawsuits for many years, the Firm is in an excellent position to recommend the course of action that most likely produces the best results.
The complexity of the issues increase after a hearing on the motion for temporary restraining order, where the losing party has only two days to appeal under Illinois Supreme Court Rules. The decision to appeal and the assessment of the impact of winning and losing the appeal must be made without delay. The experience the Firm has in actually handling these types of cases including the appeals is critical in deciding on what action should be taken.
Decisions made at the very early stages of the lawsuit may have sweeping impact even where injunctions are not the appropriate remedy. Under Illinois law, the amount set forth in a pre-litigation demand for unpaid wages may affect the right of the employee to collect attorneys’ fees after the litigation is filed. Therefore, the pre-litigation demand may be one of the most significant aspects of the case.
Documents (particularly e-mails) play an important role in employment litigation. Obtaining discovery at an early stage to make sure the documentary evidence is preserved is invaluable in employment related disputes.
The Firm does not claim a monopoly on these tactics or strategy, just the experience to know that these factors must be considered at every stage of the litigation to protect the client’s interest.
Our lawyers have significant experience in the following practice areas:
- Age Discrimination
- Americans with Disabilities Act
- Title VII: Race, Religion, and Gender Discrimination
- Sexual Harassment
- Family Medical Leave Act
- Wage and Hour
- Wrongful Discharge
- Whistleblower actions
Professional Liability Litigation
Perhaps today’s most eye-catching financial and legal headlines involve situations where professionals – accountants, investment bankers, business consultants and lawyers – are under fire for work they do for public companies. Experienced representation is a necessity when professional and personal reputations are on the line. Belongia, Shapiro & Franklin, LLP’s, attorneys have many years of experience representing such firms as well as individuals. Our lawyers have handled all types of professional liability litigation, ranging from malpractice claims and contract disputes to claims for securities fraud and tortious interference with contractual and business relations. We draw on the expertise of lawyers throughout the firm to provide each client efficient and cost-effective representation.
For more information about our litigation practice please contact:
Kelly A. Saindon
312.582.1602
