Daspin & Aument LLP

Litigation

The Litigation Practice at Daspin & Aument represents clients in a wide variety of commercial litigation and corporate counseling matters. The firm’s litigators have experience in both state and federal courts, as well as alternative forums, such as AAA commercial arbitration and mediation. Recently, our litigators have handled issues for our clients ranging from governmental investigations and zoning matters to complex breach of contract cases. Our Litigation Practice works closely with our real estate and corporate attorneys and gives the firm the ability to address all the needs of our clients should a dispute arise, from counseling to litigation.

Real Estate and Construction Disputes

  • Defended a national grocery store chain in an action to enjoin the development of the store’s site. Plaintiff claimed a violation of a reciprocal easement agreement. After a two day bench trial, including multiple experts’ testimony, the injunction was denied.
  • Defended a developer in a complex foreclosure action involving extensive lender liability and related claims. Issues involve tenant improvement escrows, receiver and receivership issues, as well as underlying landlord/tenant litigation arising out of the dispute.
  • Pursued multi-million dollar claim for breach of construction subcontract, including non-payment, extras and damages. We represented the electrical subcontractor for construction of a “peaker” power plant. Mediated to settlement on eve of trial.
  • Protected the interests of a national banking association as administrative agent for an REO (Real Estate Owned) lending syndicate, which owned a large, mixed-use development project, against claims by the project developer on one side and by the other syndicate members on the other.
  • Advised an engineering and construction company on construction, lien, and licensing issues related to their heavy materials conveyance construction business.
  • Represented the city/owner of an airport against delay claims by contractor in a parking lot construction dispute, including an assertion of “cardinal” change in the contract.
  • Pursued lengthy arbitration hearing for sub-contractor client seeking million dollar plus payment for extras and scope-of-work changes on construction subcontract for Chicago Loop high-rise. Settled during hearing.
  • Represented owners in lawsuit involving complicated commercial mechanics lien case on shopping center development and construction. Achieved dismissal of all liens.
  • Representation of local and national property owners and developers in mechanic’s lien actions and related litigation concerning payment of contractors and subcontractors at all tiers.
  • Representation of our clients in commercial eviction, escrow matters, and foreclosure actions, as well as the prosecution and appeal of zoning matters and other municipal decisions.

Breach of Contract and Business Related Disputes

  • Pursued a multi-million dollar recovery for a major automotive products distributor with regard to breach of contract, breach of warranty and related claims in connection with a supply agreement and the alleged supply of defective goods in both state and federal courts involving Illinois and federal law.
  • Successfully represented a high-net worth client in AAA commercial arbitration concerning the enforcement of contract and ownership rights worth in excess of $20 million.
  • Successfully represented a corporate bridge loan financier pursuing a breach of contract lawsuit seeking a multi-million dollar payment enforcing a letter of intent.
  • Represented plaintiff in breach of contract action for failure to provide a sophisticated assembly line for manufacture of cosmetics, and defended against counterclaims for non-payment. Tried the case for three weeks to jury verdict in federal court.
  • Worked on defense of general contractor/erector of paper making machinery/factory against multi-million dollar construction defects claims.
  • Represented high-net worth client with regard to vacating an arbitration award in a labor dispute over operation of private aircraft and quashing citation to discover assets.

Business Torts and Fraud

  • Defended private and confidential arbitration representing start-up online brokerage, in a dispute with its software development vendor for alleged tortious interference with contract. Two week arbitration trial to judgment.
  • Represented investor in closely held ventures pursuing a complicated commercial fraud and breach of fiduciary case involving more than $40 million in damages.
  • Represented real estate investor group in pursuing alter ego/fraud claims against corporation and its officers controlling multiuse buildings.
  • Defended school official in six week federal trial involving Section 1983 and Title IX claims stemming from alleged sexual abuse of students by a faculty member.
  • Defended Illinois Department of Children and Family Services employees in two week trial involving alleged Section 1983 violations brought by family of individual accused of abusing a child in a daycare center.
  • Represented corporate and individual defendants in employment related matters including discrimination and covenant not to compete cases.
  • Successfully represented both large and small corporate and individual clients with regard to governmental investigations and subpoenas, including individual officers and companies.

Intellectual Property

  • Represented entrepreneur in complicated, trademark, free speech and Internet-usage matters, including representation before an arbitral panel of the World Intellectual Property Organization, and successfully obtained an emergency stay of that matter, as well as successfully defeated a motion for summary judgment before the District Court.
  • Represented manufacturer in patent, trademark and trade dress dispute against key competitor and provided counsel with regard to licensing negotiations.
  • Represented product placement advertising business in dispute against furniture manufacturer for misuse of intellectual property and contract violations.
  • Represented major pharmaceutical company in a multi-billion dollar patent dispute and conducted a three week bench trial on the matter.
  • Represented major telecommunications provider in a significant patent dispute which resulted in a jury trial lasting several months.
  • Representation of commercial clients in intellectual property actions, including trademark and patent infringement and licensing matters.

Insurance-Related Matters

  • Defended and counterclaimed on behalf of insurance company in complex reinsurance dispute. Three week trial held in federal court in Kansas City, Kansas, involving numerous fact and expert witnesses. Settled very favorably post trial.
  • Represented large insurance company in numerous worker’s compensation premium fraud and collections matters before the Illinois Department of Insurance.
  • Represented insurance company in one week federal court trial against defendants for premium fraud and obtained compensatory and punitive damages verdicts.
  • Represented insurance company in federal court trial against trucking company and successfully obtained verdict for unpaid premiums.
  • Representation of insurance clients in personal injury and other insurance defense related matters.