Ginsberg Jacobs's litigators understand that although litigation is sometimes unavoidable, it is almost always undesirable from both a delay and a cost perspective. Therefore, the firm's litigators work closely with their clients to develop a clear set of goals, and a strategy to reach those goals as efficiently as possible. Most of the time, this strategy involves a highly aggressive approach to the litigation process, taking advantage of every available tool to bring about a prompt and cost-effective solution. The firm's litigation attorneys have a proven track record of prevailing in all phases of a lawsuit, from early contested motions to trial.
CREDITOR'S RIGHTS
Our litigators regularly represent financial institutions, debt buyers and other secured creditors in connection with troubled loans secured by real estate, commercial and industrial equipment, inventory and other forms of collateral. In addition to prosecuting our clients' rights in the courthouse, we work closely with receivers and other industry professionals to ensure that our clients' collateral is safe, secure, and when possible, generating revenue for the benefit of the client until the completion of the case. We recognize that real estate values and other collateral have depreciated in recent times, often significantly, and that the prospect of a large deficiency judgment may be unavoidable. Ginsberg Jacobs' litigators have the knowledge and experience needed to effectively enforce deficiency judgments against guarantors and borrowers, whether today or several years from now when the market improves. We also make every effort, when allowed by law, to shift our clients' legal fees onto their defaulting customers.
FINANCIAL INSTITUTION LITIGATION
The Ginsberg Jacobs Litigation Group has extensive experience representing financial institutions and other businesses against lender liability claims, fraud actions and regulatory violation cases. The group is well-versed in both Illinois and federal law in these areas, and constantly stays on top of new legislation and appellate decisions as they come out. Additionally, when changes in the law might affect a client's mode of operation, the litigators of Ginsberg Jacobs like to get ahead of problems before they develop by providing information and guidance on how changes in the law might require changes in business. Our representation of financial institutions in litigated matters is not limited to defense. Indeed, recent changes in the market have prompted borrowers and customers to take, or threaten to take, highly inappropriate action in connection with their lender's collateral, often times risking the availability of that collateral to satisfy their debts. Ginsberg Jacobs's litigators have successfully obtained restraining orders and other injunctive relief for their lender clients, to ensure the viability of the collateral and to maintain the security of the loan arrangements.
BUSINESS LITIGATION
Business disputes of all types are regularly handled by the firm's Litigation Group, from breach of contract to director and officer liability. In addition to the traditional litigation process, Ginsberg Jacobs's attorneys also have extensive experience in alternative dispute resolution, such as mediation and arbitration. The firm believes that by establishing a clear set of goals from the inception, business disputes can often be resolved practically and effectively without being "over-lawyered." Of course, there are instances when the best defense is a good offense. In such cases, the firm's clients can rest assured that their interests are being asserted to the fullest extent possible.
BANKRUPTCY
The lawyers of Ginsberg Jacobs are fully prepared to protect their clients' claims and interests in bankruptcy court. Whether a borrower's bankruptcy is a temporary roadblock requiring little more than relief from the automatic stay, or results in a contest over adequate protection and competing plans, the firm's attorneys have the requisite experience to make sure their clients have a voice in the process. We also provide guidance to our creditor clients, in advance of any actual filings, as to the potential impact a bankruptcy will have upon our clients' borrowers and collateral.
