We have extensive experience representing clients in matters involving contract interpretation and performance in litigation, appeals and non-litigation settings. With respect to contract interpretation, we assist clients in litigation and in appeals in complex breach of contract disputes in various industries and declaratory judgment actions in the insurance context. We also assist clients with contract interpretation in non-litigation settings, such as when departing senior executives negotiate executive compensation issues following a merger or other change-in-control triggering events. With respect to contract performance, we assist clients in their claims for specific performance in real estate disputes, in anticipatory repudiation of contract claims and in other disputes involving contract performance.
- We obtained an arbitration award of more than $9 million for a global pharmaceutical company client in a contract dispute involving a “take or pay” provision in a pharmaceutical drug supply agreement.
- Ending litigation in Illinois, we filed a successful motion to dismiss a complaint based on a broad forum selection clause contained in a license agreement between our client and a signage company.
- We obtained a favorable summary judgment ruling against an insurer who sought a declaratory judgment regarding its duty to defend our client, an owner and operator of multiple special events facilities in the Chicagoland area. Adopting our client’s arguments that the policy exclusions on which the insurer relied did not defeat its duty to defend our client in the underlying lawsuit, the appellate court affirmed the trial court’s judgment following the insurer’s appeal.
- As co-counsel in an appeal brought against our client by Certain Underwriters at Lloyd’s of London about insurance coverage for a pharmaceutical product recall, we successfully represented a global pharmaceutical company, resulting in the appellate court’s affirmance of a judgment for our client of more than $80 million in damages.
- In an appeal involving anticipatory breach of a contract, we filed a petition for rehearing that resulted in the appellate court vacating its decision, affirming the original trial court judgment, and reinstating damages in favor of our clients. This occurred after the appellate court had entered a judgment against our clients in the original appeal, during which they were represented by a different law firm.
- In a real estate case involving claims of specific performance, we defeated an action for injunctive relief filed against our Fortune 500 client. After a lengthy evidentiary hearing, the trial court denied the plaintiff’s motion for a preliminary injunction in a published written opinion.
- After a publicly-announced potential merger of two global pharmaceutical companies, we successfully negotiated compensation packages on behalf of numerous senior-level pharmaceutical company executives following our review of the governing change-in-control agreements.
Tabet DiVito & Rothstein partner Gino L. DiVito authored an article featured in the December 2023 issue of the Illinois Bar Journal. Gino’s article is titled “What I Learned From Teaching Trial Advocacy: The Direct Examination,” and is the third part of his...
Tabet DiVito & Rothstein partner Gino L. DiVito authored an article featured in the November 2023 issue of the Illinois Bar Journal. Gino’s article is titled “What I Learned From Teaching Trial Advocacy: The Essential Elements of Persuasion: What To Do and How and...