Case Studies

Commercial Litigation – Employment Disputes.

- The Kenny Law Firm has successfully defended clients including attorneys and other professionals in lawsuits arising out of allegations of breach of fiduciary duties, non-compete agreements, violations of the Illinois Trade Secrets Act, and the Federal Computer Fraud and Abuse Act.  The key to the defense of these lawsuits is a strong tenacious defense that attacks the allegations at the heart by establishing the innuendo and conjecture are not the same thing as evidence needed to prove the very serious allegations. 

One such case filed in the Northern District of Illinois involved allegations by a Fortune 100 Company against one of its former Sales Managers who allegedly orchestrated a “corporate raid.”  Allegedly the Sales Manager raided confidential information, employees, customers and trade secrets.  The employer also alleged that the former employee absconded with data storage and “SIM cards” from the Company-issued Blackberry phones.  Although the allegations against the Sales Manager proved frivolous, a strong defense was necessary. 

Another such case was filed in the Circuit Court of Cook County Illinois.  It involved a former law firm “partner” who allegedly breached his fiduciary duties when he allegedly interfered with business opportunities of his former employer by enticing former clients to his new law firm.  Once again the lawsuit proved frivolous after waging a strong defense to the allegations in the complaint. 

On the other hand, an employer that wages a war against an employee to avoid paying severance and other benefits can be costly.  One such case was prosecuted by the Kenny Law Firm that involved breach of employment contract, defamation and intentional infliction of emotional distress.  The result against the former employer who set up a pretext for termination Cook County Jury Verdict in excess of $3 million.

Insurance Recovery – First Party Property Insurance

- The Kenny Law Firm has successfully prosecuted first-party property claims.  One such case involved a policyholder.  The Insurance Company wrongly denied to pay the benefits under the policy that covered the structure and contents because it alleged the fire was caused by arson and in its mind the insured had a motive for wanting to start it.  It told the insured we will not pay the claim because we suspect you started it.  The Kenny Law firm filed a lawsuit to establish that the insurance company had no direct evidence the insured started the fire and it was actually more probable than not that one of the gangs in the neighborhood was the actual cause of the fire in retaliation for the insured’s active involvement in the Chicago Neighborhood Watch Program.  After written and oral discovery concluded, the case successfully settled in the insured’s favor in a case the insurance carrier was previously refusing to pay.

- Defense of an insurance broker in a lawsuitfiled by a State Liquidator on behalf of a Bankrupt Insurance Company in the U.S. District Court for the Northern District of Illinois relating to an alleged breach of a Management Agreement concerning a fronting arrangement involving a Bermuda Captive. 

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