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Miller Shakman & Beem is primarily a litigation firm. Our attorneys are talented litigators who possess concentrated experience in one or more distinct fields. Our organizational structure, which is free of the bureaucratic strictures of rigid practice groups, enables us to staff each matter efficiently and communicate effectively with our clients.
Business and Corporate Litigation
Miller Shakman & Beem represents clients in a wide variety of business and corporate disputes. The firm has a great depth of experience with litigation in state and federal courts, as well as alternative dispute resolution, such as mediation and arbitration.
The firm has successfully represented clients in business disputes involving:
- Antitrust claims
- Construction litigation
- Contract disputes
- Derivative actions
- Governmental law
- Media law matters
- Officer and director liability
- Partnership disputes
- RICO claims
- Securities claims
- Shareholder agreements
- Trademark, copyright and trade secret claims
Representation of Lawyers and Law Firms
The firm represents lawyers and law firms of all sizes in connection with their professional liability and business concerns, including the following:
- Defense of legal malpractice claims
- Attorney relocation and law firm dissolution
- Counseling regarding ethical obligations
Bankruptcy and Creditors' Rights
In the process of representing trustees, debtors-in-possession, secured and unsecured creditors and others, the firm has been involved in a number of bankruptcy and creditors' rights proceedings, including:
- Creditors' rights litigation
- Commercial disputes brought as adversary proceedings
- Disputed creditor claims in Chapter 11 and Chapter 7 proceedings
- Preference and fraudulent conveyance disputes
- Workouts
- Defense and prosecution of foreclosures
- Lender liability litigation
Constitutional Litigation
The firm has a great deal of experience representing individuals and businesses concerning litigation involving:
- First Amendment rights of freedom of speech and press
- Discrimination claims
- Civil Rights claims
Employment Litigation and Counseling
The firm has represented both employers and employees in disputes arising from the work place, including litigation and legal counseling involving:
- Discrimination claims
- Employment agreements
- ERISA disputes
- Non-compete covenants
- Trade secret and confidentiality agreements
- Sexual harassment claims and internal investigations
- Preparation of employment manuals and anti-discrimination policies
Environmental Litigation
The firm has represented individuals, corporations and governmental agencies in environmental litigation, including actions involving environmental indemnification provisions in contracts for the purchase, sale or lease of commercial real estate.
Governmental and Regulatory Litigation
The firm has represented both private parties and governmental bodies in the following types of cases:
- Employment discrimination and employment practices
- Fair housing
- Intergovernmental disputes
- Land use regulations and zoning
- Condemnation proceedings
- Public contracting
- Public-body leasing and real estate transactions
- Voting rights
Intellectual Property and Media Litigation
While representing authors, entertainers, inventors, software developers, publishers and the broadcast media, the firm has been involved in a wide variety of litigated disputes involving:
- Contractual disputes
- Copyright, trademark and trade secret violations
- Freedom of speech and press
- Defamation
- Invasion of privacy
- Licensing issues
Disputes Involving Closely-Held Businesses
In connection with general and limited partnerships, limited liability companies and non-publicly traded corporations, the firm has represented both business entities and individual owners in the following types of disputes:
- Breach of partnership agreements, LLC operating agreements or shareholder agreements
- Statutory and fiduciary duties the individual owners owe to the business entity and to each other
- Liability of the individual owners or the business entity to third parties
- Dissolution and accounting actions
Professional Malpractice and Liability
The firm represents accountants, architects, engineers and other professionals in connection with malpractice and professional liability claims, including:
- Assertion and defense of professional negligence and breach of duty claims
- Professional accounting actions
- Liability and responsibility disputes
Real Estate and Construction Litigation
The firm represents developers, owners, architects, engineers, contractors and condominium associations in the following types of disputes:
- All aspects of construction-related litigation
- Mechanics lien litigation
- Lease disputes
- Real estate development finance disputes
- Land use and zoning disputes
- Condemnation proceedings
- Broker commission disputes
Specialized Corporate Representations
The firm counsels corporations and corporate representatives in the following specialized areas:
- Conducting internal investigations
- Advising special litigation committees
- Counseling Officers and Directors in connection with their corporate duties and obligations
Estate Planning
The firm counsels individuals in estate planning matters, including drafting wills and trust agreements and administering trusts and estates.
Counseling and Transactional Practice
In addition to its litigation practice, Miller Shakman & Beem counsels clients on such general business matters as structuring smaller business entities; drafting and negotiating contracts; representing parties in minor acquisitions and dispositions; and representing corporations or other entities in ongoing business activities.
Pro Bono
Pro bono work has been an integral part of the life of Miller Shakman & Beem since the firm's founding in 1946, a fact evidenced by the Civil Liberties Prize awarded to the firm in 1994 by the Illinois chapter of the American Civil Liberties Union. The ACLU lauded the firm for decades of involvement and thousands of hours volunteered by the firm's attorneys over the years.
Miller Shakman & Beem has been involved in an array of pro bono cases, including:
- Landmark federal litigation that established scattered-site public housing in Chicago
- The representation of plaintiffs in two related cases challenging warrantless sweep searches of Chicago Housing Authority apartments
- The representation of an Art Institute student in a First Amendment case involving the seizure of his controversial painting of the late Mayor Harold Washington
- The representation of two physicians who challenged an Illinois law that would have required notification of both parents of every minor intending to have an abortion
- The representation of non-union FAA employees in litigation that established their right to support the strike effort of PATCO air traffic controllers
- The representation of a class of plaintiffs in a lawsuit that challenged exclusionary housing policies discriminating against racial minorities and the poor in DuPage county
- Federal litigation that resulted in a consent decree restricting police surveillance of political and first amendment activities
In addition, Michael Shakman is known for initiating the litigation that resulted in the Shakman decrees, which successfully challenged the political patronage system in Chicago.
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