Litigation

Our Antitrust & Commercial Competition Group at BFKN represents clients in a wide range of antitrust and competition matters arising under the federal Sherman, Clayton, and Robinson-Patman Acts, as well as state antitrust and unfair competition laws. Our experience also includes the protection of clients’ intellectual property in Lanham Act litigation and FRAND licensing matters. Clients who are facing significant antitrust or other competition law issues know they can turn to BFKN, as our knowledge of the industries in which they operate is well known. Clients also appreciate the effective and efficient manner in which our attorneys respond to their needs. Indeed, the firm’s attorneys have represented clients in some of the most significant antitrust litigation and enforcement matters of the last 50 years.

Our Biometric Information Privacy Group at BFKN helps clients navigate the legal challenges presented by biometric privacy laws, such as Illinois’s Biometric Information Privacy Act (BIPA). Through BIPA, the plaintiffs’ bar has latched on to a powerful vehicle to seek extraordinary damages from companies operating in the State of Illinois who use a broad range of technology, ranging from fingerprint-powered time clocks to marketing features involving a user’s face or hands. Our attorneys not only develop winning defenses to get these cases successfully dismissed or reasonably resolved, but also counsel and advise clients on how to operate safely and successfully in this difficult environment.

BFKN litigators represent clients across many industries in high-stakes business litigation. Our clients look to us to help them through some of their most challenging business disputes. While marshalling the facts and law to achieve a successful litigation outcome, we are always mindful of our clients' business objectives, and work with them to develop and implement a dispute-resolution strategy that fits with the business goals.

We regularly handle disputes involving contracts, fiduciary duties, misrepresentations, and fraud. In addition, we frequently represent buyers and sellers in M&A-related disputes, and we have litigated a host of contract and statutory claims on behalf of manufacturers, distributors, and retailers.

BFKN’s Class Actions Group defends the firm’s clients in a broad range of class actions involving consumer claims, antitrust issues, and shareholder disputes. We understand the challenges these matters present to a company’s brand value and bottom line, even when the allegations are specious. Clients trust us to handle these cases based on our proven experience and results. Our deep knowledge of our clients’ needs, and the industries in which they operate, provides essential context for resolving claims in a favorable and efficient manner.

Community, regional, and national banks turn to BFKN when facing high-stakes, complex litigation, and investigations, including class actions and other complex litigation, regulatory and criminal investigations, bank director-officer litigation and bank shareholder disputes, and extraordinary creditor’s rights cases. The firm regularly handles these types of cases and internal investigations for banks located across the country. Recently, we have been retained in cases involving, among other things: M&A transactions, ADA website compliance, overdraft fees and item processing, ATM fees, inter-bank UCC disputes, insurance coverage, and trust services.

The strength of the firm’s financial institutions litigation practice is reflected in the depth and breadth of its experience and in the exceptional results achieved on behalf of our clients. It is also reflected in the fact that we are regularly retained by financial industry leaders (including, for example, the Illinois Bankers Association) to file amicus curiae (friend of the court) briefs in lawsuits involving issues of particular interest to the financial institutions industry.

BFKN has substantial experience representing policyholders in complex insurance coverage matters. Through counseling and litigation, we collaborate extensively with our clients to identify opportunities, minimize risk, and maximize recovery to attain the optimal results for their business goals. Our highly skilled attorneys have in-depth experience working with a diverse group of businesses ranging from the world’s largest luxury brand company to healthcare technology developers, software companies, REITs, manufacturers, private equity firms and their portfolio companies, and consumer goods companies in all aspects of insurance coverage.

BFKN’s Intellectual Property Litigation Group enforces intellectual property rights and defends against infringement allegations in federal and state court actions nationwide. We litigate patent, trademark and unfair competition, copyright, and trade secret disputes. Our litigation experience covers multiple industries, including luxury goods, automotive, financial services, and technology.

BFKN’s Real Estate Disputes Group has successfully addressed nearly every sort of risk, threat, and dispute that might arise involving real estate and related issues. Our litigators often work closely with BFKN’s renowned real estate attorneys to provide a comprehensive solution tailored to each client’s unique objectives.

Protecting a client from criminal indictment or civil regulatory charges – and mitigating the damage that typically results from such charges – is our goal from the outset of every criminal or regulatory investigation. The attorneys in our White-Collar Defense & Regulatory Enforcement Group recognize that decisions made by counsel at the outset of a case can reduce the risk of such charges and damage.