Affirmative Litigation

Affirmative Litigation (a/k/a being the Plaintiff in a commercial dispute) involves representation of a company, entrepreneur, or business owner as a plaintiff in federal or state court or arbitration. The lawyers at Henderson Parks partner with clients to formulate effective theories and strategies to proactively pursue a recovery.  

 

Because the lawyers at Henderson Parks try multiple cases as the "plaintiff" every year, they have gained experience and insight about how to bring affirmative litigation to the swiftest possible resolution. We have distilled our approach into 7 "keys" to successful Affirmative Litigation:

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1. Understanding the resolution goals with the client (i.e., an injunction, reimbursement of expenses, return of defective products, etc.):

2. Conducting a strong pre-claim workup, learning the details of the dispute, obtaining key documents, and interviewing key witnesses;

3. Strategically considering the legal avenues based on the resolution goals and the pre-claim workup, including venue and types of claims and recoveries;

4. Drafting a cohesive complaint that supports the claims and will withstand (and dissuade) motion practice;

5. Crafting a focused and targeted discovery plan to gather supportive evidence and obtain any adverse evidence;

6. Obtaining a reasonably tight case schedule and limiting discovery disputes to essential evidence necessary to prove the claims; 

7. Pushing the case towards trial while evaluating whether the matter can likely be decided by summary judgement (or partial summary judgment), and whether settlement is possible. 

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Henderson Parks' affirmative litigation experience includes • Claims for breach of contract and damages for non-performing products and services; • Enforcement of restrictive covenants (non-competes, non-solicitations, and confidentiality agreements) and seeking injunctive relief to secure compliance; • Closely held business disputes among owners, partners, and shareholders involving access to records, freeze-outs, dissolution, buyout and earn-outs and breach of fiduciary duty; • Commercial real estate disputes involving misrepresentations about the purchase and sale, valuations, breach of lease, and broker commission disputes; and • Financial services litigation and claims involving loan enforcement and breach of contract.

 

The lawyers at Henderson Parks have successfully obtained relief for the plaintiff in commercial matters, including:
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✔ Represented preservation agency in obtaining the last large piece of open land in the Chicago metropolitan area through a contested acquisition process. Prosecuted the action, including through multiple interlocutory appeals on interim relief, a bankruptcy stay to avoid trial, and ultimately a trial where the verdict was entered for title to the land, plus $13,825,515.80 in damages.

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✔ Represented non-profit trademark owner against infringing national foundation utilizing confusingly similar name for newly launched international initiative.  Based on the strength of the case and presentation, infringer voluntarily changed the confusing name and re-branded the entire initiative.  

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✔ Represented leading academic Chicago-area health care system seeking to return and obtain a refund for defective medical equipment.  Achieved a settlement of the matter after discovery, whereby the equipment was returned and the client obtained a refund. 

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✔ Represented non-profit fraternal organization in breach of fiduciary duty litigation and obtained judgment of $1,639,500 in arbitration against a former officer and director, and enforced that judgment in state court proceedings, including appeals. 
 
✔ Represented cleaning supplies distributor against former employees who took trade secrets. Obtained preliminary injunctive relief and reached a settlement that prevented further customer loss. 

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✔ Represented aircraft owner against service provider that overcharged, did not complete repairs, and did not complete the project on time. Prevailed on claim for breach of contract at trial. 

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***Representing the plaintiff requires a different skill set than representing the defendant. If you or your company is considering bringing affirmative litigation, consult with a lawyer who regularly represents plaintiffs. ​​