Practice Areas & Industries: Schuyler, Roche & Crisham, P.C.

Practice/Industry Group Overview

Serving individuals to Fortune 500 companies, our litigators defend ongoing businesses primarily, but also represent worthy plaintiffs in challenging situations. Reaching a satisfactory resolution in an early and cost-effective way is SRZ's goal. When achieving it entails defending a client before a judge, jury or agency, pursuing a claim before a regulatory body or participating in arbitration, protecting the client's rights and interests remains paramount.

Michael Roche, who heads our Business Litigation practice group, has spent his entire 37-year career at SRZ. Arguably one of the nation's leading attorneys in securities and commodities claims resolution, he built his practice through referrals from both satisfied clients and respectful adversaries. His leadership ensures oversight on each case by a skilled and experienced litigator. His success has been due in no small part to the dedicated team he has developed and trained over many years -- attorneys who themselves have become expert trial lawyers and litigators.

Several years ago our securities and commodities practice grew to include representation in national recruitment matters and restrictive covenant enforcement of a major Wall Street brokerage firm. While this representation prohibits SRZ from representing other broker-dealers, the experience our firm has acquired through this advocacy qualifies us to draft covenants enforceable in every state and to enforce those covenants in other industries where proprietary knowledge deserves protection and where agreements against competition or employee raiding demand enforcement to be meaningful.

Litigation has always been a cornerstone of our law firm; our business litigation team remains committed to aggressive prosecution and defense, to timely resolution and to assiduous representation.

Services Available

Our attorneys practicing commercial and employment litigation handle a broad spectrum of cases, from simple contractual disputes to extraordinarily complex antitrust actions. Those dedicated to labor arbitration and litigation -- serving as litigators and counselors -- are well versed in the myriad statutes, regulations and rules governing today's workplace, both in union and in nonunion settings. Representing the gamut from accountants to physicians to general contractors, our professional liability litigators ardently defend against claims of malpractice.

We also oversee a diverse practice centered on commercial and business litigation. Our intellectual property attorneys not only defend against trademark infringement and unfair competition claims, they also educate clients about their rights, In addition, our attorneys handling construction law and litigation -- believing the most effective means of risk management is an effective contract -- have negotiated numerous design and construction agreements based on standards set by leading organizations in architecture, engineering and construction. SRZ's practice areas include:

Securities and Commodities Litigation

Noteworthy for the diversity of our engagement -- from courtroom defense against class action and other securities- and commodities-based claims to representation before regulators or investigators to all forms of arbitration and mediation -- our litigation team advocates aggressively yet professionally. Many of our litigation members participate in our securities and commodities litigation practice, enabling us to better serve clients by drawing upon the collective wisdom of our group and the unique experience of particular members. Meaningful representation results. Our clients include corporations specializing as securities broker-dealers, commodities brokers or clearing firms, individual brokers and traders, market makers and investment advisors. Aggrieved investors and other financial market participants are among our plaintiff clients.

SRZ has attracted outstanding litigators through our history of representing brokerage firms on a variety of matters affecting their industry, their interactions with competitors and their services to investor and institutional clients. Market manipulation, pyramid schemes, unauthorized transactions, churning and unsuitable investment recommendations are typical of the claims we have litigated.

Whether serving defendants or plaintiffs, we draw on our vast trial experience addressing a multitude of complex issues before federal and state courts, regulatory agencies and arbitration forums. Our many victories aside, we prefer to keep our clients out of courtrooms and other litigation arenas. We encourage risk assessment and management and -- when appropriate and consistent with our clients' interests -- negotiated settlements.

Commercial and Employment Litigation

In defending the vital interests of businesses, we have spent decades building a practice area that today is rich in talent and formidable before judges and arbitrators. Wide-ranging, our work encompasses virtually every aspect of commercial and employment litigation, from complex antitrust actions to simple contractual disputes between suppliers and businesses.

As commercial litigators we have extensive involvement in tort actions filed by or against businesses or professionals. We are highly experienced at addressing charges of common law fraud and unfair competition and at handling tax, warranty and product liability disputes. We also prosecute and defend actions brought under state consumer-protection statutes. Our service as employment litigators includes mediating shareholder and partnership disagreements, defending liability claims against officers or directors and enforcing restrictive covenants and confidentiality agreements. Our litigators are equally experienced in handling state and appellate court proceedings and arbitrations.

Labor Arbitration and Litigation

Government increasingly controls the workplace through an alphabet soup of statutes, regulations and rules, be it the ADA, ADEA, OSHA, Title VII, WARNA or numerous other laws concerning relationships in the workplace or collective bargaining agreements between labor and management. Our attorneys offer employers preventive counseling as well as a record of successful representation. Negotiating labor contracts with unions on behalf of management and representing management in labor disputes are among our strongest skills. Not only do our litigators know the laws addressing problems in the workplace and unfair labor practices, they understand that the best means to combat strife is to anticipate it.

When litigation is unavoidable, expertise backed by experience is compulsory if an attorney is to ensure an effective outcome. Whether confronting a discrimination claim in federal court, responding to an investigation by a governmental agency or defending a wrongful discharge claim in an arbitration forum pursuant to a collective bargaining agreement, our labor and arbitration litigators bring their skill and achievements to bear when tackling each highly charged issue. Aware that workplace conflict can erode the morale and productivity of any organization, we help employers develop and implement successful approaches for resolving labor-related disputes and for avoiding future discord.

Professional Liability Litigation

No matter how irreproachable companies or professionals may be, they are not immune from lawsuits. No amount of education prepares one for the trauma of professional liability litigation. Even the perception of misconduct can diminish a person's reputation and livelihood or damage a company's image and profits. Our professional liability litigators fight to prevent such fallout, advocating on behalf of each client as ardently as if defending their own reputations -- which, in their view, they are. The partners in this practice area personally oversee each case. They take pride in their record of achieving favorable out-of-court settlements, of resolving cases at the motion stage and, when trials are unavoidable, of obtaining jury verdicts that uphold their clients' goals.

Accusations of negligence permeate all industries and professions -- from accountancy to law, healthcare to manufacturing. When airlines, railroads or cartage companies stand accused, we defend them. When hospitals or physicians' groups face malpractice charges, they put their confidence in our representation, knowing we have defended more than 100 physicians. When consumers sue insurance companies for fraud or breach of contract, our more than 45 trial verdicts serve us well in planning each defense. We have extensive background in mediating and litigating construction disputes involving architects, engineers, builders and subcontractors. We also have successfully defended accident claims against a variety of amusement vendors, including theme park owners and fireworks manufacturers.

Intellectual Property Litigation

Intellectual property litigation has become an important arena in which businesses compete, both domestically and internationally. With growing frequency many companies are confronting each other in courtrooms, willingly or not. The stakes are high; the risks are many. Clients can forfeit trademarks, copyrights and other invaluable proprietary assets if they do not seek proper protection. Conversely, with quality and aggressive representation, they can bar unscrupulous competitors from the marketplace entirely by acting promptly against infringement and the misappropriation of trade secrets or other protectable interests. For these compelling reasons, our intellectual property attorneys serve as counselors and litigators, educating clients about their rights and remedies so their companies or products can compete fairly and more effectively.

When litigation becomes necessary, our attorneys are well qualified to manage cases involving all areas of intellectual property law, including copyright, service mark, trademark and trade dress infringement, trade secret protection and unfair competition. In addition, working closely with specialized patent attorneys, our lawyers have both prosecuted and defended a variety of patent infringement actions. Our endorsement of and participation in all forms of alternative dispute resolution help us to obtain, quite often, the best possible and most cost-effective outcome.

Since our inception, SRZ has zealously represented entrepreneurs by defending and enforcing their intellectual property rights. In today's global marketplace especially, emerging technologies demand the expert legal protection we provide through our network of foreign counsel, which helps us maintain the rights of SRZ clients active in international markets.

Construction Contracts and Litigation

Successfully resolving claims based on disputes or alleged defects in commercial, industrial, residential and public construction requires intellectual stamina and agility in grasping relevant and often dynamic legal principles. Engineers and architects, developers and builders, general- and sub-contractors, property owners and municipalities are among our clients. Whether contemplating a lawsuit or defending one, they seek our counsel knowing our reputation for aggressive representation and our success before mediators, arbitrators, judges and juries.

Knowledgeable about myriad properties, from industrial processing plants to sports arenas, SRZ's construction attorneys are qualified to analyze construction, design and delay issues effectively and to provide seasoned representation in the prosecution and defense of contract, lien and bond claims. Our attorneys also are experts in tackling the property damage and personal injury claims that can arise during the construction process. Whether seeking indemnification for a contractor or counseling an insurer regarding a tender of claim, our attorneys have broad experience representing clients involved with insurance coverage issues.

Experts also in generating contract language intended to avoid conflict, the attorneys in this practice area have won the respect of competitors and peers. Developing, drafting and reviewing contracts, tedious but necessary duties, are no guarantee against future conflict, but done conscientiously, using the most current industry guidelines, these tasks become the most reliable means of self-insurance.

Reported Cases

"Ellis v. City of Chicago," 272 F.Supp2d 729 (N.D.Ill. 2003)

"Bogacz v. Board of Education," 2003 WL 22057026 (N.D.Ill. 2003)

"Michael Dahlen v. Metropolitan Water Reclamation District, et al." (1st Dist. No. 1-01-3145, 2003)

"Blessing/White v. Zehnder," 329 Ill.App.3d 714, 768 N.E.2d 332, 263 Ill.Dec. 572 (1st Dist., 2002), appeal denied, 201 Ill.2d 560, 786 N.E.2d 180, 271 Ill.Dec. 922 (2002)

"Sally M. Navarro v. Richard Casolari, et al.," 92 L 10128 (Circuit Court of Cook County, 2002)

"Robert Elsinga v. Kenny Kiewit Shea, a Joint Venture" (1st Dist. No. 1-01-3848, 2002)

"International Armor & Limousine Company v. Moloney Coachbuilders, Inc.," 272 F. 3d 912 (7th Cir. 2001)

"International Union UAW v. BVR Liquidating," 190 F.3d 768 (6th Cir. 1999)

"Board of Trustees, Sheet Metal Workers v. Illinois Range," 71 F. Supp. 2d 864 (N.D. Ill. 1999)

"Birger Nyborg v. PaineWebber, Inc." (1999)

"Weiss v. Ganz" (1998)

"Bordelon v. Chicago School Reform Board of Trustees," 8 F. Supp. 2d 779 (1998)

"In Re Estate of Carrie Emerson West" [(96 P 11256) (1-98-0154, 1-98-2498, 1-98-4227)]

Lectures

"Recent Legal Developments in HR Management, Immigration and Benefits," by Daniel V. Kinsella and Robert A. Michalak, presented to the Society of Human Resource Professionals (SHRP), DePaul University, Chicago, Illinois, August 11, 2004.

"Restrictive Covenants: Law and Practice," by James L. Komie, presented at the 32nd Annual Institute on Employment Law, Practising Law Institute, Chicago, Illinois, 2003.

"Lien and Bond Claims in the United States," by Justin L. Weisberg, presented at the Center for International Legal Studies, International Construction Law Conference, Steamboat Springs, Colorado, 2003.

"Challenging the Myths of Alternative Dispute Resolution," by Robert J. Trizna, presented to the Illinois Association of Defense Trial Counsel, Business Litigation Seminar, 2002.

"Arbitration and Enforcement Awards in the United States," by Justin L. Weisberg, presented at the Center for International Legal Studies, International Litigation Conference, Steamboat Springs, Colorado, 2002.

"Litigating Raiding Cases: Hypothetical Panel Discussion," by Michael B. Roche, presented at the Institute for International Research, fourth annual conference Raiding on Wall Street, 2001.

"Examining Recent Raiding Claims in Arbitration and the Ramifications of the Outcomes," by James L. Komie, presented at the Institute for International Research, fourth annual conference entitled Raiding on Wall Street, 2001.

"Business Tort Update," by James L. Komie, presented to the Illinois Association of Defense Trial Counsel, 2001.

"Professional Regulations for Engineers," by Justin L. Weisberg, presented to the National Society of Professional Engineers, Annual Convention, 2000.

"Securing United States Assets on Multinational Projects" (International Project Finance, edited by Fiona Scott and Claus-Peter Martens, published by Transnational Publishers, Inc., Ardsley, New York, 2000), presented by Justin L. Weisberg at the Center for International Legal Studies, Project Finance Institute, Kitzbuhel, Austria, 2000.

"Update of Shop Drawing Preparation and Review Liability," by Justin L. Weisberg, presented to the National Society of Professional Engineers, Annual Convention, 1999.

"Insurance Coverage in the Construction Industry," by Frances J. Skinner-Lewis, sponsored by the AON Corporation.

"Illinois Construction Defect and Mold Litigation," by Frances J. Skinner-Lewis, sponsored by the National Business Institute.

"Handling Mold Claims and Litigation," sponsored by Casualty Adjusters Association, by Frances J. Skinner-Lewis.

"Insurance Coverage for Mold Claims," by Frances J. Skinner-Lewis, sponsored by the Illinois Association of Defense Trial Counsel and Illinois Insurance School.

"Legal Issues Impacting Insurance Coverage for the Construction Contractor," by Frances J. Skinner-Lewis, sponsored by Willis Construction Practice.

Publications

Annual Legal Update, Society of Human Resource Professionals (SHRP), by Daniel V. Kinsella, 1999 to present.

"Fear of Future Harm: Stating a Claim for Damages," by Chuck H. Cole, IDC Quarterly, volume 5, 1995.

Covenants Not to Compete, a 50-State Survey, by the BNA/ABA Board of Directors (Daniel V. Kinsella, member), 1995 to present.

Employee Duty of Loyalty, by the BNA/ABA Board of Editors (Daniel V. Kinsella, member), 1995 to present.

Trade Secrets, by the BNA/ABA Board of Editors (Daniel V. Kinsella, member), 1995 to present.

"RICO: Get Ready For The Onslaught," by Ernest W. Irons, The Brief, Fall, 1986.

"Securities Law: Seventh Circuit Review of Remedies, Definitions, Standing and Sanctions," Michael B. Roche, coauthor, Chicago-Kent Law Review, 1979.

"The Permissible Scope of Public Sector Collective Bargaining in Illinois: A Proposed Solution," by Robert J. Trizna, The John Marshall Journal of Practice and Procedure, 1979.

"Environmental Law: What is 'Major' in 'Major Federal Action'?" by Ernest W. Irons, Washington University Law Quarterly, volume 485, 1975.

Foreign Languages Spoken by Business Litigation Attorneys:

Conversational French, Hebrew, Italian, Korean, Spanish and Vietnamese