"Piercing a corporate veil" means an individual can be personally liable in certain situations. Courts apply this equitable remedy to avoid improper use of corporate laws meant to shield innocent shareholders and to promote justice. The doctrine of piercing the corporate veil permits liability to be imposed on individuals for acts of a corporation when two conditions are satisfied: “(1) there is such a unity of Read More
Bankruptcy Fraud – Adversary Proceedings
Bankruptcy fraud is serious. To combat it, an "adversary complaint" is filed to civilly prosecute a debtor who is essentially trying to hide assets, or is not being forthright about a loss of assets. You may have won a judgment against a person who then files bankruptcy or the person owes you money. You "smell a rat" and investigate and discovery that, more likely than not, that person is not telling the truth to Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Is Your Lawyer “Driven” to Pursue Excellence? Second Opinion?
Whether I take on a personal injury matter - accident, nursing home, dog bite, workers compensation or the like - or business matter (plaintiff or defense), there is one thing that NEVER goes missing: pursuit of excellence in representing my client(s). While attorneys cannot ethically guarantee any particular result or that they can win - one way or another - they can promise to work hard, with "drive", with Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Fraud 101
Fraud is a serious allegation. It is serious to prosecute. It is serious to defend. Illinois law (and Federal law for that matter) require stricter pleading to make out a case or the fraud count(s) will be dismissed. This stricter pleading is sometimes referred to as "heightened pleading" or "pleading with specificity". Illinois law is clear: “[t]o plead a legally sufficient common law fraud claim, a plaintiff must Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Commercial Litigation Basics aka Strategy
Business or commercial litigation of any sort requires planning a.k.a. strategy. Whether the situation involves plaintiff or defense posture (or both), careful thought and exploration of the myriad of issues is an absolute must. Lawyers are required to reasonably investigate a matter before filing a new case - or perform some "due diligence". Same is required when answering or taking on a new defense matter. Review Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Will Your Lawyer Fight Every Inch of the Way?
Multiple "levels" of rules exist in law - from the Constitution all the way down to administrative rules and then the cases interpreting all of them. Skilled and experienced lawyers know how to employ them on your behalf - or in your defense every inch of the way throughout your case if necessary and possible. Is your lawyer doing that? In fact, I often file motions when Defense Attorneys seem to want to start to Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Will Your Lawyer Actually File Suit? Second Opinion?
Will your lawyer actually take that step to file a lawsuit if necessary? Or will your attorney do what I call "short settle" and never step foot in court? There are times to settle outside of Court and before ever filing suit - and often. However, I see too many lawyers taking the first offer or what I call "short settling" a case - any type of case. Good lawyers "work up" cases to settle every time and often cases Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Injury Claims 101
Auto Accident? Truck accident? Motorcycle accident? Workers compensation claim (injured at work)? Nursing home injury or death? Dog bite? Any other injury from any source / reason? Claims 101 Information on the first few steps below - if negligence is involved, you deserve compensation. No matter the type of injury, first and foremost, get to the Emergency or Doctor. Take care of yourself first - or your loved ones, Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Digital Assets (Digital Evidence?)
A recent article found here explains how difficult access to e-mails or "digital assets" can be after death. Evidence can "lurk" in e-mails and such "assets". Where are your passwords stored? Philip J. Berenz, CPA, JD - Exclusive invitation and selected! Proud and honored to be a member! The National Trial Lawyers: Top 100 an invitation-only organization composed of the premier trial lawyers from each state in the Read More
Chicago Trial Attorney: Personal Injury & Business Litigation
Exclusive invitation and selected! Proud and honored to be a member! The National Trial Lawyers: Top 100 an invitation-only organization composed of the premier trial lawyers from each state in the nation who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase process which includes peer nominations combined with third-party research. Read More
