Litigation

Recent court proceedings demonstrate the extent courts may go to authorize alternative means of service. When service methods by process server or mail, whether certified or express, are unsuccessful, you should consider the other alternative means courts have allowed. In In re Three Arrows Cap., Ltd., No. 22-10920 (MG), 2022 WL 17985969 (Bankr. S.D.N.Y. Dec. 29, 2022), after an insolvency proceeding…

HMB recently issued a Client Alert following the Illinois Supreme Court’s decision in Tims v. Black Horse Carrier, 2023 IL 127801, where the Court held that all Illinois Biometric Information Privacy Act (BIPA) actions would be governed by a 5-year statute of limitations period. Since then, the Illinois Supreme Court has dealt another blow to Illinois BIPA defendants. Cothron v.…

Background on BIPA Illinois employers collecting biometric information for timekeeping purposes have been assaulted by class action lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA). Typically, plaintiffs in these actions seek five years of damages for claims that employers collected biometric information through fingerprinting or face screening without issuing a public policy declaring the use and retention of…

In the new year, cryptocurrency bankruptcies will be breaking new ground over the ability to recover customer deposits. An understanding of the ruling in the Bernie Madoff SIPC liquidation could provide guidance for such recoveries. Bankruptcy Code sections 548 (a) and 550 (a) give chapter 11 debtors, appointed trustees and post-confirmation liquidating trustees the power to sue and recover money…

Trusts are popular for various reasons to hold assets, and the Nevis International Exempt Trust is indicative of the reason for such popularity as an asset protection device. A settlor looks for a safe and stable jurisdiction to hold assets and to be able to access and control such wealth. Nevis provides such security. As important, settlors consider protection from…

Recent decisions from courts in Illinois offer guidance in lending transactions and handling of bank accounts. Amos Financial LLC. v. Szydlowski The Illinois Court of Appeals in the First District recently created precedent with implications for lenders dealing with guarantors and assignees. In Amos Financial LLC. v. Szydlowski, 2022 IL App (1st) 210046-U, the court affirmed the lower court’s decision…

While cryptocurrencies have increasingly become more mainstream, they are still relegated to the edges of financial systems because they are still not widely accepted as legal tender and are limited to private transactions between individuals online. Cryptocurrencies are global, and bad actors that use them to perpetrate fraud may be located in various jurisdictions around the globe. Not all countries…

As cross-border restructurings grow, especially in the wake of the global COVID-19 pandemic, global companies filing for insolvency relief in foreign countries may utilize chapter 15 of the Bankruptcy Code to facilitate the protection of assets located in the U.S. In Chapter 15 proceeding, assistance is available upon recognition of the foreign proceeding under Section 1521 (a) (4) of the…

The Supreme Court of Canada in H.M.B. Holdings Ltd. v. Antigua and Barbuda, recently considered whether foreign judgment creditors can seize assets in Canada when the party does not have an actual presence in Canada. There, the connection in British Columbia (B.C.) contracted with businesses in B.C. that were to pay a finder’s fee to the judgment debtor. The judgment…

On August 13, 2021, Illinois Governor J.B. Pritzker signed into law an amendment to the Illinois Freedom to Work Act, which will impact the enforceability of some non-competition and non-solicitation restrictive covenants in Illinois. Although the new law will not impact all restrictive covenants in Illinois (the amendment excludes from its scope restrictive covenants entered into ancillary to the sale…

This overview is offered to provide a structured analysis of how enforcement measures can be implemented in civil law jurisdictions such as France and common law jurisdictions such as the UK and Germany. Creditors need to adapt their approach given the options provided by local law for recovering a debt and assets. The conditions for application of interim collection measures…

The Letter of Request Procedure is the main means of evidence gathering under the Hague Convention. This process begins with a request made to the U.S. court where the action is pending to issue a letter of request seeking the production of specified documents or the taking of testimony from a particular witness. The court transmits the letter of request…

In 1998, The U.S. Supreme Court in Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, 527 U.S. 308, held that the District Court had no authority to issue a preliminary injunction preventing petitioners from disposing of assets pending adjudication of the respondents’ contract claim for money damages. Subsequently, courts have interpreted Grupo to carve out exceptions for equitable actions…

On August 30, 2021, the Second Circuit decided in Irving Picard, trustee for the Liquidation of Bernard L. Madoff Investment Securities, LLC v. Citibank N.A., 20-1334, on “appeals of the latest installment in the long-running litigation arising from Bernard Madoff’s Ponzi scheme” whether the District Court properly dismissed actions brought against initial and subsequent transferees, to avoid and recover transfers,…

With the recent rise in popularity of special purpose acquisition companies (“SPACs”), expect an uptick in SPAC related litigation to follow. SPAC’s are referred to as “blank check” companies because they are shell companies formed by a sponsor group to raise funds in an initial public offering (“IPO”) for the purpose of acquiring a yet-to-be-identified privately held target company. After…

It is no secret that the rapid development of cryptocurrencies and sudden surges in their popularity presented challenges to victims trying to recover their losses. Cryptocurrencies are a secure, decentralized and anonymous way to conduct transactions outside the customary banking channel. Criminals flocked to cryptocurrencies as a way to conduct illicit business without revealing their names or locations. But, the FBI’s recovery of Bitcoins paid to Colonial Pipeline in the ransomware attack reveals that cryptocurrencies are not as hard to track as criminals think.

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.

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.

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...

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

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.

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”.

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.

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.

On January 25th, Rick Rein will join an esteemed panel of cross-border and international litigation professionals for a webinar hosted by ABI. They will share their experiences and insights on how to best approach cross-border disputes involving collection issues and venue considerations.

HMB’s litigation team, led by David S. Ruskin, and State and Local Tax attorney, David A. Hughes, began their representation of PACCAR in late 2019 when RN Acquisition, LLC filed a complaint alleging breach of contract and seeking a declaratory judgment arising from PACCAR’s alleged failure to pay the Chicago Lease Transaction Tax.

In this article, Rick S. Rein discusses how an equity receivership can be an effective tool to address financial fraud related to a business's mismanagement or improper use of assets.

Join HMB's Rick Rein for a 45-minute Q&A session that gives attendees the opportunity to ask our international asset recovery expert specific questions.

HMB is pleased to announce that Matthew R. Barrett, Jenna E. Stein and Raymond J. Jacobi III have been elevated to Partner. “We are delighted to have Matt, Jenna and Ray as Partners at HMB,” said Jeff Hechtman, HMB's Managing Partner. “I am very proud of each of them and all they have accomplished, and know they will do great…

HMB assisted its client, Central National Gottesman, Inc. d/b/a Lindenmeyr Munroe ("LM") in obtaining a judgment against J.S. Paluch, Inc. in the amount of $1,013,476.19 plus 5% prejudgment interest per annum. HMB initiated litigation on behalf of Lindenmenyr Munroe in late 2019 seeking judgment in its favor for unpaid invoices and breach of a promissory note. The complaint alleged two…

On October 23, 2018, Innvision Hospitality ("the defendant") obtained a judgment against Snowhite Textile ("Snowhite") for $250,000. The judgment became final on February 2, 2021. HMB's Litigation team, led by Rick S. Rein, was brought onto the case on March 30, 2021, because the defendant's company and assets were located in Illinois. The judgment was registered in state on April…

It is with great sadness that we inform you of the untimely passing of our dear friend and colleague, John Guzzardo. John passed away on Friday, June 4th at the age of 49 due to a car crash while on vacation with his family in California. John was a Partner at HMB, the Chair of the firm’s Litigation Group, a mentor to many and a friend to all.

6/15/21 Cannabis cultivation is an industry with great economic promise, but the potential environmental cost of Illinois’ most recent economic boon needs to be acknowledged. Join David S. Ruskin and James M. Jennings (Illinois Environmental Protection Agency), Cary J. Shepherd (Bluhm Legal Clinic, Northwestern Pritzker School of Law) and Kaitlin Urso (Colorado Department of Public Health & Environment) for this in-depth look…

Illinois Craft Cannabis Association (“ICCA”) v. The State of Illinois, Governor J.B. Pritzker, the Illinois Department of Agriculture and its director, Jerry Costello II, Case No. 2020 CH 06247 Since our last update on the ICCA’s lawsuit against the State of Illinois, much has happened, but unfortunately nothing has changed. The delays continue for the hundreds of Craft Grower, Infuser…

A year ago, during the initial stages of the COVID-19 pandemic, it seemed timely to explore force majeure provisions and legal theories that would permit a party to suspend its contractual obligations under certain circumstances.  At the time, it was unclear how courts would interpret force majeure provisions that did not expressly include a pandemic or epidemic within its list…

The Supreme Court’s decision effectively means that a company can utilize devices that automate calls and texts, as long as that device cannot use a random or sequential number generator to either store or produce the telephone number.

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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 dollar oral pledge towards…

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 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 have? What…

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. David W. Machemer David is a member of the firm's State and Local Tax (SALT) 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…