Commercial litigation in Illinois law involves legal disputes between businesses or individuals relating to business transactions. It is a complex and multifaceted area of law that encompasses a wide range of issues. If you need legal assistance in commercial litigation, contact an experienced lawyer today to get the help you need.

Assisting in Contract Disputes

One of the most common types of commercial litigation involves contract disputes. These disputes may arise from breach of contract claims, where one party fails to fulfill their obligations under a contract. Commercial litigation attorneys play a crucial role in analyzing the terms of the contract, gathering evidence, and presenting arguments to support their client’s position. Resolving contract disputes may involve negotiations, alternative dispute methods such as mediation or arbitration, or litigation in court. 

Business Tort Claims 

Commercial litigation also frequently involves business tort claims. These claims arise when one party alleges that another party has caused them harm through wrongful acts such as fraud, defamation, interference with contractual relations, or unfair competition. Business tort claims often require intensive investigation, discovery, and the presentation of evidence to establish liability and damages. Settlement negotiations or court trials may be necessary to resolve these disputes, with potential remedies including monetary compensation, injunctions, or other equitable relief. 

Alternative dispute resolution methods, such as arbitration and mediation, have gained popularity as more efficient and cost-effective alternatives to traditional litigation. Both arbitration and mediation offer different ways of resolving conflict outside the courtroom. While they share similarities, they are fundamentally different. Arbitration involves a neutral third party making a binding or non-binding decision, while mediation focuses on facilitating discussion and negotiation between parties without imposing a binding resolution. Please remember that arbitration can be binding or non-binding, depending on the situation.

If you are interested in pursuing mediation or arbitration for a legal matter in Illinois, contact a lawyer today to better understand what each option has to offer and which option will be best for you. 

Further Explaining How Each Arbitration and Mediation Differ 

• Role of a neutral third party – In arbitration, known as an arbitrator or a panel of arbitrators, who act as neutral third parties, are the decision-makers. The arbitrator(s) review the evidence and arguments presented by both parties and render a decision that can be either binding or non-binding. In cases where it is binding, the decision is enforceable in a court of law. On the other hand, in mediation, the neutral third party called the mediator, facilitates communication and negotiation between the parties but does not have the authority to impose a resolution. The mediator helps the parties reach a mutually satisfactory agreement, which is not legally binding.
• Adversarial vs. collaborative approach – Arbitration follows an adversarial approach, resembling almost a mini-trial. Each party presents its case, and the arbitrator(s) listens to arguments and evidence before making a binding decision. In contrast, mediation takes a collaborative approach. The mediator assists the parties in finding common ground and encourages them to communicate and negotiate directly. The goal is to reach a mutually agreeable resolution that satisfies all parties involved.
• Level of formality – Arbitration proceedings are generally more formal, resembling a courtroom setting, with formal rules of evidence and procedure. The process often includes written submissions, witness testimonies, and cross-examinations. Meanwhile, mediation is typically less formal. While some structure and guidelines may be followed, the process is more flexible and informal, allowing for open discussions and creative problem-solving.

Contact a Chicago Dispute Resolution Attorney

Understanding these differences between arbitration and mediation is crucial when considering the most appropriate dispute resolution method for a particular situation. For professional help in your legal matter, contact the experienced Cook County dispute resolution lawyers with Teller, Levit & Silvertrust, P.C.. Call 312-922-3030 for a private consultation. 

Imagine that you have put your expertise and time into a job, only to find out that you are not being paid as agreed upon. That can get anyone’s blood boiling. But remember that getting paid for your hard work is not just fair—it is your legal right. For the successful collection of professional fees, you need the help of an Illinois attorney with a proven track record of success to resolve your case quickly.

What Are Some Terms I Can Include in an Agreement?

Anyone from a certified tax accountant to a freelancer is considered a professional and under Illinois law, there are protections for these professionals seeking to recover fees. To limit problems it is a good idea to address these concerns in advance. When you first establish a business relationship with someone, professionals need to make sure they include terms in the payment agreement and what will happen if a client does not pay within a specified time. These terms should detail some of the following points:

• Make sure you talk about how and when a client is going to pay you.

  ...

Most landlords do not want to initiate the eviction process unless they truly need to. Evictions can be expensive, and you still may not be able to collect past due rents from a tenant who has stopped paying. As a commercial landlord, you have special concerns that a residential landlord may not. Most or all of your clients are likely business entities. Members of the public are often invited into commercial buildings for business purposes, meaning that you have special concerns regarding keeping your building or unit in good repair. Evicting a business entity that has violated its lease may be as complex as evicting a resident in some cases. However, commercial tenants are not necessarily protected by the same laws that residential tenants are. For some types of lease violations, evicting the tenant and attempting to collect a past-due balance or damages may be the best way to protect your property and yourself. It is important to speak with an attorney before initiating the eviction process. 

Lease Violations and Evictions in Commercial Properties

When your commercial tenant violates the terms of their lease in a major way, you may have the power to evict them. Common types of lease violations commercial landlord may experience include: 

• Nonpayment of rent is a primary cause of commercial eviction - Nonpayment of rent is likely the most common violation of a commercial lease that ends in eviction. Often, a business entity that is failing will become unable to keep up with rent payments. When a tenant falls too far behind on rent, you may have little choice but to evict them. Because the eviction process can be long and arduous, many landlords will make efforts to establish a repayment plan with their tenants before starting an eviction. An attorney can advise you if you are considering this alternative. 

  ...

In today's competitive business environment, it is essential to have trust and confidence in the people you work with. This is particularly true for business owners, partners, shareholders, and others who rely on executives and employees to act in the best interests of a company. Unfortunately, breaches of fiduciary duty can occur, and they can result in severe financial and reputational damage to companies. In these situations, it is important for a company's stakeholders to understand how breaches of fiduciary duty may be addressed through commercial litigation.

Understanding Fiduciary Duty

It is essential for a business's stakeholders to understand what fiduciary duties are and when these duties apply to different parties. A fiduciary relationship exists when one party (the fiduciary) has a legal obligation to act in the best interests of another party (the beneficiary). In the context of a commercial business, a company's executives, directors, and officers owe multiple types of fiduciary duties to the company and its shareholders, including the duty of loyalty, duty of care, duty of confidentiality, and duty of disclosure. These duties require fiduciaries to act with honesty, integrity, and prudence while making informed decisions, protecting confidential information, and disclosing material facts when required.

If a fiduciary breaches their duties, they may be subject to a lawsuit seeking to address these issues. A breach of fiduciary duty occurs when a fiduciary fails to act in the best interests of their beneficiaries, acts with self-interest or conflicts of interest, deceives or misleads beneficiaries, or breaches a duty of confidentiality or disclosure. Breach of fiduciary duty claims can arise from a variety of situations, such as misappropriation of company assets, self-dealing transactions, insider trading, or disclosure of confidential information.