Commercial Litigation / Jury Trials

• Successfully prosecuted claims on behalf of a medical practice and its principal physician in a 7-day trial against former employee physicians for breach of the restrictive covenants and breach of fiduciary duty. Successfully defended the employee physicians' claims that the restrictive covenants were unenforceable.
• Successfully defended two clients in a five-week jury trial against claims for defamation, intentional infliction of emotional distress and breach of contract. Plaintiff had alleged that Mr. Mulcahy’s clients defamed him and intentionally inflicted emotional distress upon him, all of which allegedly caused his employment to be terminated. At trial, plaintiff sought over $15 million in compensatory damages and punitive damages. The jury returned a verdict for defendants on all of plaintiff’s claims.
• Successfully defended corporate employer and its principal in a 10-day trial against claims for breach of contract, defamation and tortious interference with a contract.

Foreclosure, Receivership and Corporate Reorganization

• Represented the lender in the contested foreclosure of a 200-unit condominium conversion project in Chicago. Obtained order appointing receiver of the project.
• Represented the lender in the foreclosure of a 129-room hotel in Cook County. Obtained appointment of the receiver with extensive hotel management experience. Receiver significantly increased the occupancy rate at the hotel and maximized the value of the mortgaged property. Successfully terminated over $400,000 in mechanic’s liens.
• Represented the lender in the contested foreclosure of an 80-room hotel in Massac County, Illinois. Obtained appointment of a receiver with extensive hotel management experience. Court order authorized the receiver to market the mortgaged property for sale during the foreclosure process. Successfully resolved various mechanic’s liens. Obtained a deficiency judgment against the borrower and guarantors, which was favorably resolved for the lender.
• Represented the lender in the foreclosure of a 14-story condominium building in Chicago. Successfully resolved over $10 million in lien claims and obtained foreclosure judgment. Coordinated the completion of the project with receiver.
• Represented the lender in a contested foreclosure and receivership of a partially completed mixed-use condominium building in Chicago. Obtained order appointing receiver for the project. Successfully resolved over $1.6 million in mechanic’s liens.
• Represented the lender in the contested foreclosure of a 262-acre planned residential development in Oswego, Illinois and a 14-acre commercial development in Naperville, Illinois. Obtained the appointment of a receiver who has successfully managed the property. Successfully resolved several mechanic’s liens.
• Represented the lender in the foreclosure of a partially completed mixed-use development project in Beecher, Illinois. Obtained the appointment of a receiver for the property. Successfully resolved over $400,000 in lien and title claims on behalf of the lender.
• Represented the lender in the foreclosure of a mixed-use development in Chicago. Negotiated a note sale and obtained recovery of 103 percent of the total outstanding amount owed to the lender.
• Represented the lender in the foreclosure of eight condominium units in Chicago owned by a single investor.
• Represented the lender in the foreclosure of a residential development in Mokena, Illinois. Negotiated a loan extension and forbearance with terms that included a significant cash payment to the lender and the pledge of additional collateral.
• Represented the lender in the foreclosure of various parcels of commercial property in Waukegan, Illinois and residential property in Wisconsin. Obtained the appointment of a receiver and ultimately crafted a settlement favorable to the lender that included a significant amount of cash and equitable deeds to the mortgaged property.