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Litigation

BETTER SOLUTIONS Result when creativity meets intelligence

HMB’s litigators are successful trial lawyers who are adept at resolving disputes efficiently. We are business risk advisors and bold problem-solvers: practical in nature, aggressive when necessary, creative always.

Your Business is Our Business

We act as true business partners, getting to know your goals and operations to help define better solutions and strategies. We proactively look for the right avenues to prevent costly litigation, but when a dispute must move forward, we vigorously pursue your interests.

Trial Lawyers – From Start to Finish

Our attorneys know what it takes to try a case. From the beginning, we position your case and implement strategies with success at trial in mind. If your case does go to trial, your team will include the same attorneys who prepared the case from the start. By understanding how to successfully try a matter, we can position your case for success, whether that be through trial or settlement.

Comprehensive Team, Global Reach

As a mid-sized, business-focused law firm, we leverage our considerable strengths to your advantage. Our team is lean and within a cost-effective platform that also ensures efficient and effective partner-level involvement. We are integrated with HMB’s other practice groups to ensure your matters can draw on additional subject matter perspective at a moment’s notice. While rooted in Chicago, we litigate cases throughout the country and our network spans the globe through the Law Firm Alliance, allowing us to handle matters wherever they may occur.

Leveraging Sophisticated Technology and Value-Driven Fee Arrangements

Collaboration, communication and forward-thinking solutions are hallmarks of our service. Count on us to address your most difficult legal challenges by listening and taking the time to fully understand how a matter will impact your business and personal interests before developing a path to resolution. We know managing litigation costs is an ever-present concern, so we work with you to implement value-driven fee arrangements whenever possible.

Current Trends to Hide AssetsJanuary 7, 2021

With the economy on troubling grounds, there is a greater desire to protect assets. But, there is a difference between hiding and protecting assets. Hiding assets is a form of protection, but done for illicit purposes to keep away from current creditors.

Consideration for Creditors During Current Economic Upheaval When Confronting Cayman Islands Trusts and Foundation CompaniesDecember 18, 2020

The economic upheaval caused by the pandemic has forced persons to focus on asset preservation. The desire to protect wealth and business assets in a well-run, regulated and safe jurisdiction has led to a marked increase in business for the financial sector in places such as the Cayman islands.

The New Illinois Cannabis Regulation and Tax Act and a Preview of Upcoming LitigationFebruary 26, 2020

As you undoubtedly know by now, on January 1, 2020, Illinois became the 11th state to legalize the possession and use of adult-use cannabis. The new law, the Cannabis Regulation and Tax Act, 410 ILCS 705, et seq., (the “CRTA”) – all 610 pages of it – establishes the framework of one of the most regulated industries today. More than just laws about personal possession and use, the CRTA includes numerous provisions regarding the new business opportunities in Illinois, including retail operations (dispensaries), cultivation/processing facilities, infusing “kitchens,” and product transportation...

Current Treatment of Mareva Injunctions in CanadaJanuary 29, 2020

A Mareva injunction freezes a defendant’s assets to avoid their dissipation and to enable a judgment to be later satisfied. 

Developments Offshore In Third Party Disclosures in Wrongdoings (Norwich Pharmacal Relief)January 6, 2020

In the last several years to assist tracing of assets and discovery of perpetrators, courts in English common law countries have shown a willingness to assist victims by ordering third parties to disclose information through discovery about wrongdoings under Norwich Pharmacal relief.

Recent Circuit Court Decisions Extend The Breadth of Section 1782 U.S. Discovery in Foreign ProceedingsOctober 31, 2019

A federal district court may order discovery under 28 U.S.C. Section 1782 “for use in a proceeding in a foreign or international tribunal” upon application by any “interested person”.

BVI Scales Back Stand-Alone InjunctionsJune 12, 2019

In 2009 in Black Swan Investment ISA v. Harvest View Limited BHVC (Com) 2009/399, the court established the principle that a court can act in aid of foreign proceedings where it can be shown that there is property situated in BVI which belongs to the defendant in the foreign proceedings and which may be enforced against in the event the foreign proceedings are successful.

Second Circuit in Madoff Enables Trustee To Recover Under Bankruptcy Code For Fraudulent Transfers Initially Sent Offshore from the U.S.February 28, 2019

On February 25, 2019, the Second Circuit in the Madoff liquidation decided that Sections 548 and 550 of the Bankruptcy Code can be applied extraterritorially to recover fraudulent transfers. There, offshore feeder funds were recipients of investors' fraudulent transfers and contended that U.S. fraudulent transfer law did not apply abroad. Read more here.

New Supreme Court Decision Regarding the Telephone Consumer Protection Act of 1991April 14, 2021

In a recent decision (Facebook, Inc. v. Duguid et al.), the United States Supreme Court has clarified what constitutes an “automatic telephone dialing system” under the Telephone Consumer Protection Act of 1991 (TCPA). This ruling provides private companies with more certainty about their ability to text or call their own customers and will likely reduce the uptick in lawsuits against…

Karl E. Analo Chosen as a 2021 National Employment Law Council Academy FellowMarch 29, 2021

Karl E. Analo is one of just 30 attorneys nationwide to be chosen as a 2021 National Employment Law Council (NELC) Academy Fellow. Fellows are selected based on demonstrated excellence in the practice of management-side labor and employment law, demonstrated leadership potential, and stellar references. The NELC’s mission is to enrich the minority bar that represents management in the field…

David S. Ruskin Presents a Webinar, "Banking in the Marijuana Industry" for the Seminar Group - 3/4/21March 3, 2021

3/4/21 1:30PM ET Join David S. Ruskin as he presents a webinar with Christopher Pippett of Fox Rothschild LLP for the Seminar Group. This presentation will cover the challenges of banking in the cannabis industry, as part of a bigger seminar on Illinois and Michigan. This seminar will cover topics directly related to medical and adult use cannabis laws and regulations under…

Aaron L. Hammer Discusses Gencanna's $1.2M Lawsuit Against Pillsbury Winthrop with Law360February 4, 2021

In this article by Law360, Aaron L. Hammer discusses GenCanna filing an adversary proceeding seeking $1.2 million back that the company paid to law firm, Pillsbury Winthrop Shaw Pittman LLP ("Pillsbury"). Read the full article by Law360 here (paid subscription required). GenCanna, now known as OGGUSA Inc. after the company sold its assets as part of its Chapter 11 bankruptcy, paid…

Marla M. Izbicky Presents Award to Hon. Jorge Alonso at the Women's Bar Association of Illinois 22nd Annual Virtual Judicial Reception - 3/5/21February 1, 2021

On March 5, 2021, Marla M. Izbicky, a member of HMB’s litigation and technology practice groups, will be speaking at the Women’s Bar Association of Illinois’s (WBAI) 22nd Annual Virtual Judicial Reception. As a Director of the WBAI and chair of the Judicial Reception, Marla will present the Mary Heftel Hooton award to the Honorable Jorge Alonso of the United…

Business Owners with COVID-19/Government Shutdown Orders File Business Insurance Claims: A New Wave or Just a Ripple?November 10, 2020

HMB’s Insurance Advisory Practice is continuing to monitor developments on hundreds of cases filed nationwide by business owners against insurers over denials of business interruption COVID-19 and government shutdown order related claims. HMB is tracking how courts are deciding these novel claims and reporting on these observations. This update contains some highlights of recent favorable decisions of potential significance for…

David S. Ruskin Provides Overview of Illinois Cannabis Regulation for Practical LawNovember 9, 2020

In less than a decade, Illinois went from treating cannabis as a criminal issue to developing a heavily-regulated legal medical and adult use cannabis industry. Illinois law uses cannabis as a blanket term covering regulated products, including cannabis-infused products, such as edibles. Medical cannabis is a term that covers the same types of product as cannabis, but refers to products…

Rick S. Rein Published in "Cross-Border Strategy to Recover on Claims Against Foreign Parties and Assets" by the American Bar AssociationNovember 3, 2020

Read the full article by ABA here. Pursuing legal relief against foreign parties and assets is a complex task that requires a well-developed plan to achieve a cross-border recovery. Globalization has created new challenges for parties threatened by, or involved in, cross-border disputes. Internet communication has made electronic transactions seamless and easy to operate anywhere in the world. Tax havens…

HMB Welcomes Loan K. Tran and Elysa J. ChewNovember 2, 2020

11/2/20 Chicago, IL HMB Legal Counsel, a preeminent provider of legal services in business and finance, litigation, trusts and estates, real estate, state and local taxes and corporate reorganization, bankruptcy and creditor's rights, announced that Loan K. Tran joins the firm as an associate in the Business and Finance group and Elysa J. Chew joins the firm as an associate…

David S. Ruskin Moderates a Virtual Presentation, "Securing State Licenses: Application, Process and Best Practices" for the INCBA - 10/22/20October 21, 2020

10/22/20 David S. Ruskin will moderate a panel discussion for the Cannabis Law Institute as a part of the INCBA month-long program on cannabis legalization topics. The panel will include Dr. Chanda Macias of Ilera Holistic, Scheril Murray Powell of Scheril Murray Powell P.A., Sarah Lee Gossett Parrish of Sarah Lee Gossett Parrish PLLC and Dina Rollman of GTI. In…

David S. Ruskin and Julianne M. Dailey Represent Illinois Craft Cannabis Association in Lawsuit Against the State of IllinoisOctober 15, 2020

The Illinois Craft Cannabis Association ("ICCA") filed suit against the State of Illinois and Illinois Department of Agriculture on Monday, October 12 to compel the defendants to issue overdue licenses and provide injunctive relief to the cannabis craft grower, infuser and transporter applicants that were expecting licenses to be issued on July 1, under the law, but are now racking…

Marla M. Izbicky Elected as Director of the Women's Bar Association of IllinoisOctober 7, 2020

In a unanimous vote, Marla was elected as the newest Director of the Women's Bar Association of Illinois for the 2020-2021 executive leadership year. The WBAI, one of the oldest and largest bar associations in the state of Illinois, was first established in 1914 and was founded to promote the interests and welfare of women lawyers and also to aid…

Marla M. Izbicky Joins HMB's Litigation and Technology PracticesOctober 2, 2020

10/2/20 Chicago, IL HMB Legal Counsel, a preeminent provider of legal services in business and finance, litigation, trusts and estates, real estate, state and local taxes and corporate reorganization, bankruptcy and creditor's rights, announced that Marla M. Izbicky joined the firm’s growing Litigation and Technology Practices. Marla is a member of HMB’s Litigation group and concentrates her practice on commercial…

David S. Ruskin Presented a Webinar, "Illinois Social Equity Legal Analysis With Cannabis Industry Lawyer David Ruskin" for the Medical Cannabis Community - Watch Now On DemandSeptember 17, 2020

David S. Ruskin presented a webinar for the Medical Cannabis Community about the Federal Court hearing regarding the lawsuit filed by multiple Illinois companies to contest the highly flawed cannabis dispensary license scoring process implemented by the state and their vendor, KPMG. Register here to watch the webinar on demand.…

Virtual Depositions During the Pandemic – 6 Tips for AttorneysSeptember 3, 2020

The COVID-19 Pandemic has changed the landscape of taking and defending depositions.  Due to social distancing guidelines and travel restrictions, almost every deposition is taken remotely, and will be for the foreseeable future.  Below are a few considerations and suggestions for preparing for and taking your deposition in this new era: You cannot see non-participants in the room.  Depending on…

Rick S. Rein Presents a Webinar with Strafford- "Enforcing U.S. Judgments Outside the U.S" - 9/2/20July 9, 2020

9/2/20 1:00PM-2:30PM ET Join Rick, with a panel of experts, for this CLE webinar that will discuss how to locate and seize offshore assets with which to satisfy a US obligation or judgment. The panel will also address tools to prevent the removal of assets to other countries. The panelists will address issues such as: What countries are the hardest…

Rick S. Rein and Karl E. Analo Secure $4.6 Million Victory in Breach of Commercial Guaranty DisputeJuly 8, 2020

HMB litigators Rick S. Rein and Karl E. Analo secured a complete victory in a recent breach of guaranty dispute.  The team obtained summary judgment in their client’s favor on all counts resulting in a total judgment of over $4,600,000 as well as attorneys’ fees. HMB’s client leased certain equipment to a hospital pursuant to a commercial equipment lease.  The…

Stavros S. Giannoulias and John R. Wiktor Win Trial to Enforce $1M Oral Pledge to Non-Profit CongregationJuly 1, 2020

Stavros S. Giannoulias and John R. Wiktor filed claims on behalf of a non-profit Congregation to enforce two oral pledges made by one of its prominent and beloved members, who died suddenly before fulfilling his pledges. The Congregation filed claims in the probate proceedings in the Circuit Court of Cook County, Illinois asserting that its member made a $1 million…

Procedures of the United States District Court for the Northern District of Illinois During the Coronavirus CrisisMay 30, 2020

Actions Taken by the District Court On Tuesday, May 26, the United States District Court for the Northern District of Illinois updated, for the fourth time, its General Order 20-0012 in response to the COVID-19 pandemic. The District Court’s original General Order extended all deadlines, whether set by the court or otherwise, by 21 days. On March 30, an Amended…

Insurance Claims & Related Issues Due to COVID-19 - What Every Business Should KnowMay 12, 2020

May 12, 2020 As COVID-19 presses state and local governments to continue their shutdown orders, some businesses are incurring extensive expenses and losses. Whether the business is open with limited capacity, allowing employees to work from home, or closed until the orders are lifted,  businesses are asking if and how insurance can provide relief. This article provides information on the…

Out-of-Court Distressed Asset Purchases - What You Need to KnowMay 1, 2020

Out-Of-Court Distressed Asset Purchases, a Primer The COVID-19 pandemic has impacted businesses and commercial relationships worldwide, cutting wide swaths of through entire sectors of the economy.  The current government regime of subsidizing whole industries and individual businesses is still evolving.  Commercial lenders have been incentivized to forbear and defer defaults – but the piper must eventually be paid.  Enterprises that…

Aaron L. Hammer, Sean D. Auton, Bill Katris and Matthew R. Barrett Present a Webinar "Contract Rights and Insurance Claims Under COVID-19" to the Young Presidents' Organization - 4/8/2020March 30, 2020

4/8/2020 12:00pm CST Sean D. Auton, Aaron L. Hammer, Bill Katris and Matthew R. Barrett will discuss COVID-19 and its impact on Contract Rights and Insurance Claims. This webinar for the Chicagoland Chapter of the Young Presidents' Organization will address questions such as: Contract Rights under COVID-19 I can’t perform under my contract or leases - what remedies do I…

Non-Performance of Contractual Obligations During the COVID-19 PandemicMarch 23, 2020

The economic uncertainty caused by the outbreak of the COVID-19 pandemic has impacted businesses and commercial relationships worldwide.  As COVID-19 continues to spread, businesses may experience disruptions that make it difficult or impossible to fulfill their contractual obligations.  Under certain circumstances, those disruptions may justify non-performance.  One such escape hatch is a force majeure clause, which is a provision contained…

Hal J. Wood and Matthew R. Barrett Secure Victory in Highly Contested Post-Transaction DisputeFebruary 26, 2020

HMB litigators Hal J. Wood and Matthew R. Barrett secured a complete victory in a recent highly contested post-transaction dispute. The team obtained summary judgment in their clients’ favor on all counts, including an award of 100% of the clients’ attorneys’ fees, resulting in a total judgment of over $9,000,000 in favor of HMB’s clients. HMB’s clients were the sellers…

Rick S. Rein Presents "Litigation Finance: A Conversation about the Basics and Latest Complexities" at HMB's Office - 3/3/20February 26, 2020

3/3/2020 HMB's Office 500 W Madison Suite 3700 Chicago, IL Rick will discuss, with other industry panelists, the following emerging topics in litigation finance: The best candidates for litigation finance Litigation funding in bankruptcy How a party secures financing How attorneys and claimholders can engage with funders The latest developments in litigation finance in 2020 This seminar is hosted at…

Rick S. Rein Presents "What's New for Receivers Around the World?" at the NAFER International Offshore Conference - 3/5/20February 12, 2020

3/5/20 Miami, FL Rick Rein, with a panel of experts comprised of professionals both foreign and domestic, will discuss new developments in statutory and case-law that impacts US receivers as they deal with actions and assets abroad. The session will focus on important new developments in the field around the world including topics concerning Brexit, China and more. Other challenges…

Four Attorneys from the Litigation Group Named to 2020 Illinois Super Lawyers and Rising Stars ListsFebruary 3, 2020

One attorney from HMB's Litigation Group has been named as a 2020 Illinois Super Lawyer. Additionally, three attorneys were named to the 2020 Illinois Rising Stars list. Super Lawyers is a rating service of outstanding attorneys from over seventy practice areas who have attained a high degree of peer recognition and professional achievement. The following HMB attorney was selected for…

HMB Elevates Grant Hendricks, David Machemer and Tim Rybicki to PartnerJanuary 8, 2020

Chicago, IL December 12, 2019 HMB Legal Counsel, a preeminent provider of legal services in Business and Finance, State and Local Tax, Trusts and Estates, Bankruptcy, Reorganization and Creditors' Rights, Real Estate and Litigation announced that three associate attorneys were elevated to partner. Grant R. Hendricks Grant is a member of the firm's Private Client, Trusts and Estates Group. He…

Watch Aaron Hammer and Rick Rein Present "Hot Topics in Cross Border Restructurings" On DemandOctober 14, 2019

On 9/17/19 Aaron Hammer and Rick Rein presented "Hot Topics in Cross Border Restructurings" at the Offices of Gowling WLG LLOP in Toronto, Canada. Aaron and Rick discussed the role of chief restructuring officers and other turnaround professionals in Canadian restructuring, flash points in today's cross border insolvencies, and the cannabis space. This program was intended for lenders, turnaround professionals…

Illinois Appellate Court Holds Entities Must Be Represented By an Attorney At Administrative HearingsApril 25, 2014

Illinois Appellate Court Holds Entities Must Be Represented By an Attorney At Administrative Hearings A recent decision by the Illinois Appellate Court held that corporations may not represent themselves at administrative hearings, but instead must be represented by an attorney. In Stone Street Partners, LLC v. The City of Chicago Department of Administrative Hearings, Case No. 12 M1 450026, Stone…

Mortgage Foreclosure Alert - Alternative Means to Sell Property Under Illinois Mortgage Foreclosure ActMarch 28, 2013

For many foreclosure sales, the typical sale process - selling the property at a court-ordered auction - is sufficient.  The result of most such sales is the bank "credit bidding" against its debt.  In certain cases, however, a traditional judicial auction may not be appropriate.  For example, the bank may not want to take title to the property or the…

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