When clients face complex multifaceted litigation, they rely on Roeser Tanner & Graham’s litigation team, which boasts Northern District of Illinois trial bar membership for each litigation partner as well as earned recognition for the team’s litigation and dispute resolution achievements from Illinois Super Lawyers® and other leading peer review organizations.
With experience litigating in jurisdictions throughout the country, our litigators forged their careers at preeminent litigation firms and the Department of Justice. Clients benefit from our exceptional professional and personal service at every step in the process.
We are known for our direct approach to managing litigation. From the outset of every engagement, regardless of size or complexity, we target the most efficient and effective approach for success by aligning legal strategy with our clients’ broader business objectives. Some matters may benefit being resolved in prelitigation stages through alternative dispute resolution or settlement. When disputes cannot be resolved short of litigation, we attack each case with a results-oriented approach designed to achieve victory or an optimal settlement efficiently and promptly.
Key examples of the results we have obtained for our clients include:
Unfair Competition Claims
Obtained jury verdict on claims of unfair competition and violation of the Illinois Uniform Deceptive Trade Practices Act on behalf of a multinational distributor of cigarette rolling paper in dispute with competitor (Illinois Federal Court, 2021).
Partnership and Close Corporation Disputes
Obtained trial verdict on behalf of the owner of a real estate development company against his former partner involving claims for breach of fiduciary duty, constructive trust and breach of contract (Illinois State Court, 2020).
Real Estate Litigation
Obtained trial verdict in favor of commercial landlord for breach of lease agreement by tenant. In addition to awarding damages to the landlord, the Court ordered the tenant to reimburse our client for all attorneys’ fees and costs (Illinois State Court, 2022).
Trademark, Trade Dress and Copyright Infringement
Represented numerous manufacturers, wholesalers and service providers in cases involving claims of trademark infringement, trade dress infringement and copyright infringement. Obtained a declaration of copyright and trade dress noninfringement after a two-week federal trial (2022 Federal Court).
Successfully mediated a trademark counterfeit claim brought against a national distributor of novelty products (Federal Court, 2020).
Breach of Contract Claim
Obtained jury verdict and appellate affirmance on behalf of an international alternative energy consultant for contractual success fees owed from the development of a European wind farm (Circuit Court of Cook County and Illinois Appellate Court, 2018).
Following a two-week jury trial that legal commentators described as “the first of its kind,” obtained a verdict and post-judgment ruling on behalf of our Fortune 100 company, defeating a multimillion-dollar claim based on alleged violations of the Maryland and California statutes regulating commercial email statutes. The case was reported in The Washington Post and Law360 (District of Maryland).
Product Recall, Manufacturing and Warranty Claims
Represented global and regional manufacturers in claims concerning breach of warranty, product recalls and breach of contract. Represented a Fortune 500 food company against a manufacturer in claims for breach of contract and warranty arising out of the sale and installation of equipment used in multimillion dollar renovation project (JAMS Arbitration and obtaining relief on all claims).
EEOC Class Action
Defeated a class action claim against our client, a large California-based consulting company, pursued by the Equal Employment Opportunity Commission (EEOC) on behalf of 22 claimants alleging race and national origin discrimination. Not only did we prevail on all claims, the EEOC was ordered to pay our client’s attorneys’ fees on claims it pursued that were deemed to be frivolous by the court. The case was reported in The Chicago Tribune (Northern District of Illinois).
Fiduciary Duty and Shareholder Claims
Defeated claims against the majority shareholder and president of an internet company in which the plaintiff, the minority shareholder, attempted to force the sale of the company alleging breach of fiduciary duty, breach of contract and violation of the Illinois Business Corporation Act.
Defeated claims brought by Merrill Lynch after it sued a former employee of the Merrill Lynch Private Bank and Investment Group for almost one million dollars on an allegedly unpaid promissory note. The Financial Industrial Regulatory Authority arbitration panel not only dismissed Merrill Lynch’s claims, but it also ruled in favor of our client on his counterclaims for damages against the company. The case was reported in The Wall Street Journal (FINRA, 2013).
Successfully defended the president of a small technology company against a derivative action seeking to force the sale of his ownership interest in the company under the “high noon” provisions of the parties’ operating agreement. Through a series of strategic moves, including an early motion for summary judgment prior to discovery, we swiftly ended the litigation by obtaining a ruling on the central issue in the case in our client’s favor.
Represented a general contractor in a construction dispute, securing a settlement for 100% of our client’s demand on the eve of trial, obtaining full relief for our client and avoiding trial (Illinois arbitration).
Emergency Litigation / TROs
Frequently represent and counsel businesses, officers, directors and other individuals involved in emergency litigation and claims for injunctive relief. We have successfully represented clients on claims for trade secret misappropriation, breach of noncompete and nondisclosure provisions as well as other matters requesting injunctive relief.