COMMERCIAL LITIGATION

Scandaglia Ryan regularly represents both large and small businesses in commercial disputes in federal and state court as well as in arbitration, mediation and other alternative dispute resolution settings. Whether the dispute involves contractual issues or business torts, S&R attorneys have the skill and experience to achieve our client's business objectives. Because our clients need to focus on their businesses, not litigation, we employ creative negotiation techniques and a focused litigation strategy to move our clients to a speedy resolution of their commercial disputes. When litigation through trial is necessary, we advise our clients of both the strength of their legal position and the economic ramifications of proceeding through discovery and trial. We then aggressively litigate the case to achieve each client's chosen objective – whether a reasonable settlement or victory at trial.

Representative Matters

• Defended a hotel owner and management company against breach of contract and fraud claims arising out of purchase of $101 million resort property in which plaintiffs' sought $30 million in compensatory damages and untold punitive damages. After three week trial, jury returned a verdict of no liability in favor of firm's client.
• Defended a major international toy manufacturer against a $3 million arbitration claim for cost overruns relating to a website development project. Final judgment awarded adversary zero dollars on claim. This representation included complex contract law issues involving change order control, oral modification, and waiver.
• Represented a Fortune 100 pharmaceutical company in breach of contract case. Secured two summary judgment rulings in which federal district court denied plaintiff's claims for lost profits and other damages in excess of $750,000.
• Represented a group of Chicago's leading Mexican-American businessmen and educators in a dispute against not-for-profit organizations involving corporate governance and accounting issues.
• Successfully resolved a dispute in which a major pharmaceutical manufacturer brought a breach of contract and intentional misconduct action against the supplier of a chemical reagent.
• Defended several general partners against a $200 million breach of fiduciary duty lawsuit arising out of the pioneering development of cable television systems. The case raised issues of partnership law, fiduciary duty, breach of contract, the recoverability of punitive damages, and the permissible scope of expert testimony in fiduciary duty cases.
• Defended a client against a $500 million claim for investment banker liability arising from the failed leveraged buy-out of a nursing home company. The case involved issues of fiduciary duty, contractual indemnity, and analysis of the legal and financial issues arising out of mortgage-backed leveraged financing.
• Represented a Chicago-based alternative electric supplier and one of country's fastest growing companies in a variety of commercial litigation matters, including breach of contract actions against suppliers and customers, and breach of fiduciary duty actions against former employees and officers.
• Represented a major software company based in Central Illinois in a contract dispute involving attorneys' fees and obtained settlement consistent with client's business objectives.
• Defended sellers of a casual restaurant chain against a claim that they had breached certain representations and warranty in connection with sale of business. By presenting a detailed analysis refuting the purchaser's claims, we negotiated a favorable settlement in which our client paid less than 25% of the amount claimed by the purchasers.