Charles A. Kelly, Trustee etc., v. Patrick Yates et al.  Henry Novoselsky represented most of the defendants, adult grandchildren-beneficiaries, in litigation which resulted in an interpretation of their grandmother's trust agreement to exclude a "legitimized" child "born out of wedlock" from the grandmother's trust. On March 12, 2008, Judge Martin S. Agran of the Chancery Division of the Circuit Court of Cook County entered judgment on the pleadings on behalf of the adult beneficiaries.  In support of the pleadings, Henry introduced rulings that included an 1885 Pennsylvania Supreme Court Case that found that beneficiaries, who must be "lawfully begotten," must have been conceived and born "in wedlock," regardless if they were subsequently "legitimized" by law.  Case No. 06-CH-25786 (2008)

Smits Funeral Homes Ltd. dba Steger Memorial Chapel v. Steger Funeral Home LLC , John Parzygnot & Joseph Parzygnot dba Steger Funeral Home   Henry Novoselsky represented the Parzygnots who were sued by Smits in a service mark infringment/unfair competition trial.  On April 23, 2008, Judge LeRoy K. Martin, Jr. of the Chancery Division of the Circuit Court of Cook County, Illinois entered judgment for the Steger Funeral Home finding that no merchant has the right to appropriate for its exclusive use a town's name to the exclusion of other of other merchants selling products or services or located in that same town as part of either their business name or service mark. Case No. 05-CH-13371 (2008)

Michael Makris & Melissa Makris v. Lisa Segarra & Luis Segarra   Jack Haan represented the defendents in an investment fraud case in the Circuit Court for the Nineteenth Judicial Circuit, Lake County,  Illinois.  The jury returned a verdict on April 10, 2008 in favor of our clients.   The plaintiffs lost their investment in an adult day care business in Miami, Florida, then sought their money back by alleging both fraud and a violation of the Illinois Securities Law.  The jury found that the defendants did not commit fraud or make any misrepresentations to the plaintiffs at the time of the investment.

Williams v. Roman, Inc.      SNSF President and Managing Director Steven C. Filipowski assisted Roman, Inc., an employer client, in structuring and executing a Reduction in Force (RIF) and represented them in litigation in Federal District Court. Williams sued on being terminated as part of the RIF, alleging that his termination was a result of age discrimination. On Thursday, November 10, 2005, the United States District Court entered summary judgment for Roman and against Williams, finding that Roman's business reasons for the termination were not pretext for age discrimination, as alleged by Williams.  Slip Copy 2005 WL 3019395 (N.D.Ill.)  Read more.

Roman, Inc. v. Bethlehem Lights, Inc.     We obtained a $1,000,000 settlement for our distributor client against their manufacturer for wrongful termination of a distribution agreement.

Swenson v. Oxford Bank & Trust     We won a jury verdict of more than $300,000 (representing all damages requested) for our client Swenson for Oxford Bank's breach of fiduciary duty in managing his retirement portfolio. Read more.

Harris Bank Hinsdale v. Caliendo     We successfully represented a bank in a $5.5 million commercial loan default that resulted in the foreclosure and the selling off of several properties on behalf of the bank.  Our work included securing a dismissal of the debtor's bankruptcy case; completing foreclosures in state court; securing a dismissal of an 8-count lender liability claim; then prevailing in the appeal of the Circuit Court's decision.  Our bank client recovered all sums due it.  235 Ill.App.3d 1013, 1026, 601 N.E.2d 1330 (1992)

Allied Van Lines v. Aaron Transfer & Storage     We obtained a $200,000 judgment, including reimbursement of attorney's fees, against a corporation and several personal guarantors who refused to pay its outstanding account balance.

Pate's Bakery LLC v. The Delicious DFC Company     We obtained a $700,000 settlement for our manufacturer client against a distributor for breach and wrongful termination of an output contract.

Petersen v. Wallach     We represented Petersen, a beneficiary, in Appellate Court in obtaining malpractice compensation caused by negligently rendered estate planning advice by Wallach to her deceased mother which resulted in unnecessary estate/death taxes of $240,000.  The Illinois Supreme Court ruled that beneficiaries financially harmed by estate planning attorney's negligence have the ability to sue, overturning the lower court's ruling that automatically barred such negligent claims six years from the date of the negligent advice.  764 N.E.2d 19 (Ill.Sup.2002)

Estate of Kirchwehn     We represented a successor trustee in a civil appeal in a contested will construction regarding testator's exercised power of appointment.  The Court held that the will was unambiguous, indicating that the testator intended to exercise power of appointment in favor of the named appointees.

Estate of Robertson     We represented a plenary guardian of a disabled person before the Appellate Court in a contested guardianship brought by the disabled person's granddaughter.  The Court affirmed judgment of the Circuit Court in appointing guardianship to our client, the disbled person's daughter-in-law, citing evidential support.

Estate of McCubbin     We represented an administrator of an estate of a deceased person, a physician, in Appellate Court against claims that the estate was entitled to profits realized by the deceased person's medical practice since his death and that his clinic was an asset of the estate which should be sold.  The Court held that goodwill attendant to the physician's medical practice and opportunity to operate the practice for profit did not survive the physician's death and did not become part of his personal estate.

Investment Adviser Defense Against Unsuitable Investments  In October 2009, SNSF's securities team successfully defended an investment adviser and an accountant against claims filed with the American Arbitrator's Association that an investor had brought for unsuitable investments and conflicts of interest.  The arbitrator granted zero dollars to the investor, ordered the investor to pay forum fees to the investment adviser, found that the case against the accountant was essentially frivolous, and found the investor's expert to be unqualified to testify as an expert.

Bruce Barron v. Wachovia Securities, LLC     The NASD Dispute Resolution arbitration panel in Minneapolis, Minnesota awarded our client Bruce Barron judgment against Wachovia Securities, LLC in the sum of $865,000 as compensatory damages plus removal of defamatory language from his publicly-available employment record.  Read more.

Torrence v. Edward D. Jones & Co.     We won an NASD arbitration award and judgment of more than $2.6 million in favor of our clients against Edward D. Jones and Co. for its negligent advice and management of our client's investments.

Failure to Hedge  In November 2002, a panel of arbitrators at the National Association of Securities Dealers (NASD) awarded $230,000 in damages to an Illinois husband and wife arising from their brokerage firm’s failure to protect their portfolio and failure to disclose tax consequences resulting from the exercise of employee incentive stock options (ISOs) that they had received from Cisco Systems, Inc.  The exercise of the incentive stock options created nearly a 100% concentration of Cisco stock in the investors’ brokerage account at Salomon Smith Barney. The financial advisor knew that there would be tax consequences, yet failed to protect (or “hedge”) all or even some of the Cisco position.

Acquisitions:  SNSF represented a lender that provided $3 million in financing to a Midwest-based OEM manufacturer to acquire a competitor based in Mississippi.  The transaction consisted of a term loan and a revolving line of credit, secured by a lien on the assets of the target entity and guarantees by affiliates and the individual majority shareholders.  Interesting features included the utilization of the Small Business Administration Section 7a loan program.

Development:  SNSF represented a lender that provided $4 million in financing to a residential builder/developer to acquire 10 lots in a high-end subdivision near Scottsdale, Arizona. Interesting feature included the fact that the borrower insisted that each lot be in a separate entity, and as lender's counsel we needed to structure and document a cross-collateralization/cross-default mechanism.

Refinancings:  SNSF attorneys represented a long-term health care facility borrower for its $10 million refinance of its property. Transaction consisted of a term interest only loan made by a consortium of lenders, secured by real estate, other assets, personal guarantees and a pledge of ownership interests.  SNSF assisted in negotiation with existing lender regarding reallocation of collateral interests in other properties and restructured loan terms and conditions.

Purchase Money Financing:  SNSF attorneys represented a seller of multifamily properties in structuring, negotiating and documenting a junior credit instrument incident to the sale of a $4 million property. Transaction documents included a junior mortgage, note, pledge of stock and a personal guarantee. SNSF counsel assisted in preserving a favorable transaction for its seller client.

Tax-Free Exchanges:  SNSF represented a major developer in a strategic acquisition in a new geographic market.  Transaction consisted of a series of tax free exchanges (forward and reverse) utilized to minimize tax on sale of relinquished property. Interesting features included the fact that the replacement property was a "Section 8" building, and the unique use of multiple properties (and percentage ownership interests) involved in the multi-state transaction.

Environmental Issues:  SNSF attorneys represented a physician group in its acquisition of a facility on land upon which contamination was discovered during Phase II testing. We assisted in bringing the matter to a successful conclusion through participating in intense negotiation with the Illinois EPA, the environmental remediation service firm and the seller that resulted in the procurement of a "no further action" letter at a minimal cost to all.

Municipal:  SNSF represented an established automobile dealership group in its successful negotiation of a retention agreement with a municipality. Transactions consisted of the executive of a retention agreement availing the dealership of municipal monies to reimburse construction rehab costs, a tax-free exchange of real estate and a roadmap for future development.

Strategic Acquisitions:  SNSF represented a major products distributor in a series of strategic acquisitions in new geographic markets. Transactions consisted of $30 million asset purchase with purchase money financing and debt assumption and a $10 million asset purchase for cash. Interesting features included assumption of under-funded pension plan, significant employee ownership of seller, and WARN, Hart-Scott-Rodino, COBRA issues.

Industry Rollup:  SNSF represented regional propane gas distributor selling assets to national buyer in industry rollup. $20 million paid part in cash and part in buyer's securities received tax-free as contribution to capital. Interesting features included seller's participation in subsequent public offering of buyer's securities.

Family Workout:  SNSF represented a senior family member selling family-owned manufacturing business to junior family member employee in leveraged buy-out. $1 million stock sale with cash and seller financing. Interesting features included significant family disharmony, deferred compensation to non-stockholder family member, and inheritance commitments by senior family member.

Regional Consolidation:  SNSF represented a products broker in consolidating a regional market by combining with competitors through multiple asset acquisitions using a combination of C reorganization and nonqualified deferred compensation aggregating $45 million. Interesting features included the installation of an institutionalized program for the succession of leadership and ownership on a tax-consistent basis on entering and exiting.