Litigation

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...

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…

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…

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…

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…

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 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…

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…

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, 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…

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…

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…

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…

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…

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…

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…

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…

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 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…

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…