Business Litigation Lawyers Helping Commercial and Individual Clients
The Voelker Litigation Group provides aggressive, thorough representation for clients in Illinois and the Chicago area who are involved in commercial litigation and many other forms of disputes. Our business litigation lawyers are familiar with the issues that may arise from trust and estate litigation, real estate and construction disputes, intellectual property litigation, class actions, appeals, and legal malpractice. In virtually any situation, it protects your business over the long term to have an experienced attorney on your side when you are battling through a dispute. Using legal knowledge and skill, as well as financial savvy, we can protect and advance your interests as the litigation proceeds, while you focus on the operations of your entity.
Disputes Related to Legal Agreements
Many of the disputes that we handle arise out of legally binding agreements. In the realm of commercial litigation, for example, we commonly see conflicts related to breaches of contracts, collections, partnership agreements, LLC agreements, and investment agreements. In a typical breach of contract case, whatever is contained within the four corners of the document tends to play a vital role in how a dispute will be resolved. Still, exceptions to this rule may apply depending on the subject matter of the agreement.
Breach of Contract Litigation in Illinois
The Uniform Commercial Code, as adopted through the Illinois Commercial Code, governs breaches of contracts related to the sale of goods in Cook County and elsewhere in Illinois. Either the buyer or seller may recover damages if the other party breaches the sales contract, but the nature of the remedy varies depending on the circumstances of the breach.
For example, if a buyer repudiates the contract or breaches it by refusing to accept goods, the damages available are provided by 810 ILCS 5/2-708. The measure of damages may be the difference between the market price at the time the goods were to be paid for and the unpaid contract price, minus any expenses that are saved due to the breach, but plus incidental damages. If this does not put the seller back in the same position as performance would have, the damages are calculated as the profit made from performance plus incidental damages, with credits for costs reasonably incurred and any payments or proceeds of resale.
Real Estate Litigation
Just as litigation over contract disputes demands knowledge of the area’s legal nuances, litigation over real estate requires a lawyer who understands the rules and regulations surrounding agreements, ownership structure, financing, and secured transactions. These laws relate not only to buyers and sellers but also to other parties in a real estate transaction, such as brokers.
For example, in Illinois, a statute known as the Commercial Real Estate Broker Lien Act (770 ILCS 15/1 et seq.) allows brokers to place liens on property to be fully paid their commissions on sales or leases. This law applies to commercial real estate, which is any real estate other than property containing one to six residential units, property on which there is no building or structure, and land classified as farmland for purposes of assessment. Under 770 ILCS 15/10(d) and (e), a broker’s lien in the case of a lease must be filed within 90 days after the date it was signed and 90 days after a tenant takes possession.
Trust & Estate Litigation
Trust and estate litigation is another of our firm’s practice areas. One of the most common types of disputes in this context is a will contest. A will contest may be based on such common grounds as undue influence, lack of capacity to make a will, and fraud. Undue influence exists when a beneficiary or third party exerts influence that prevented the decedent from exercising his or her own will in preparing or signing the document. A lack of testamentary capacity is an inability to know and remember who are the natural recipients of an estate.
Intellectual Property Dispute Litigation
We also provide representation in litigation involving intellectual property. These are intangible rights like copyrights, patents, trademarks, trade secrets, and publicity rights. They are, in many cases, the most valuable assets of a business, and often both federal and state laws protect a holder of an intellectual property right.
For example, many businesses require employees and third parties to sign confidentiality agreements related to trade secrets. When breached, these agreements can give rise to a breach of contract claim as well as a claim under the Illinois Trade Secrets Act. Under 765 ILCS 1065/3, the actual or threatened misappropriation of trade secrets can give rise to an injunction against the misappropriating party. In some cases, the injunction can condition the future use of a trade secret on payment of a reasonable royalty that lasts no longer than the period of time during which the use could have been prohibited. Damages for misappropriation, including the actual loss and any unjust enrichment, may also be recovered in many situations.
Art Litigation and Law
Dan has extensive experience in the sale of famous paintings. He has just concluded a sale of one of the most famous paintings by Modigliani in the world. Dan is available for consultation in the area of Art Litigation and Law. Read Dan’s article, Modigliani: New Authentication Projects May Explode Global Collecting Market in A Blog to Watch – scroll down to read Dan’s article.
Articles about Dan’s work in art:
New Authentication Technologies Poised to Skyrocket Modigliani Market Says Forensic Historian Daniel Voelker, Business Insider, March 16, 2020
What Authenticating Modigliani Art Tells Us About The Fate Of Counterfeit Rolex Watches At Market, A Blog to Watch, March 7, 2020
The Counterfeiter’s Connection Between Modigliani and Rolex, About Time, March 1, 2020
Entertainment and Copyright Litigation and Law
Dan has represented artist in copyright infringement lawsuits against Creed, Scott Stapp, Elton John, Aretha Franklin, the band Poison, Brett Michaels and Usher. He has also represented Mr. Mister and John Lang.
Dan is very knowledgeable in the area and available for consultations.
Consult a Chicago Business Litigation Lawyer
At the Voelker Litigation Group, our experienced Chicago attorneys are knowledgeable in a wide array of business litigation disputes and other forms of litigation.