Business Disputes

Partnership/Corporate Disputes

Mr. Fish has extensive business lawyer experience representing individuals and businesses in partnership, corporate and family disputes. Disputes with family members, business partners, customers, or other companies can be daunting. It is important to know when to fight, when to settle, and how to avoid getting into these disputes in the first place.

Examples of cases Mr. Fish has handled:

  • Representing franchisors and franchisees. These disputes often involve the violation of non-compete agreements, the non-payment of franchisee fees, the violation of terms of a franchise agreement, and intellectual property issues.
  • Representing family members in disputes over inheritances, jointly held property, jointly owned businesses, officer and employee wrongful termination disputes, and jointly owned investments.
  • Represented partners and shareholders in disputes over how profits are being shared, accounted, allocated, and distributed.
  • Representing companies in disputes with creditors, debtors, shareholders, employees, officers, and directors.
  • On behalf of two international clients, we sued a seller of a nearly $2 million airplane who refused to honor an oral commission agreement. The airplane–which was housed at the Aurora Municipal Airport in Aurora, Illinois–was being sold to a large foreign medical company from Argentina. We filed a lawsuit against the Illinois seller/leasing company in the Circuit Court of Kane County, Illinois. Within months of filing suit, the case was resolved. (Judge Brawka, Kane County, Geneva, Illinois)
  • Went to trial in the Circuit Court of Cook County in a partnership dispute over a real estate company. Our client had provided a substantial sum of money towards what she thought would make her 50/50 partners in an Illinois LLC. Unfortunately, no written agreements were executed and the defendants took the position that the money was an investment that could be kept. The trial court dismissed our oral breach of contract claim in pre-trial proceedings so went to trial on an unjust enrichment theory. At trial, the judge ruled in our client’s favor, the defendants withdrew their appeal before the Illinois Appellate Court, and our client received 100% of the judgment that was awarded.
  • Defended a large rental company in a lawsuit brought by a doctor who alleged violations of The Fair Debt Collection Practices Act (FDCPA), intentional infliction of emotional distress, defamation, and public disclosure of private facts. The doctor alleged that the rental companies had violated state and federal law in retrieving their property. Approximately 11 months after the case was filed, the court granted our motion to dismiss the federal claim and declined to exercise jurisdiction over the state law claims, which brought the litigation to an end against our clients. (Northern District of Illinois, Chicago, Illinois, Judge Gottschall.
  • Defended a physician who purchased a medical practice in Cook County, Illinois after he was sued for not paying for the medical practice. We filed counterclaims against the seller of the medical practice alleging that the sale was tainted by fraud. Prior to any depositions taking place in the case, we were able to achieve an outstanding settlement for our client. (Judge McDonald, Cook County, Chicago, Illinois)
  • Defended a not-for-profit company against allegations of defamation, invasion of privacy, and false light after a posting was made by one of its employees on the company’s Internet site. We removed the case from the Circuit Court of DuPage County (Wheaton, Illinois) to the Northern District of Illinois in Chicago and filed motions asking that the lawsuit be dismissed in its entirety. Within 60 days of the lawsuit’s filing, Federal Judge Blanche M. Manning dismissed the case with prejudice.
  • We were retained to enforce the provisions in a will and trust in a dispute between siblings. For years, our client’s brother had unilaterally used and benefited from valuable real estate and refused to distribute hundreds of thousands of dollars to our client. We filed suit in the Circuit Court of DuPage County, Illinois and filed an emergency motion to have our client’s brother removed as the trustee. Shortly thereafter, the case was resolved favorably for our client. (Judge Wheaton, DuPage County, Illinois)
  • Defended hotel franchisee against foreclosure claims and asserted counterclaims based upon conduct of bank in approving loan.

Click here for our July 2008 Newsletter which discusses minority shareholder rights in corporate disputes.

Click here for our November 2009 Newsletter which discusses family business disputes.