Commercial litigation
Business disputes in the Circuit Court of Cook County, the federal court in Chicago and commercial arbitration. We represent companies, and we tell you early, in writing, what a case is likely to cost.
What we handle
Owner-run companies with 20 to 500 employees: manufacturers, distributors, software and service firms.
- Contract disputes
- Supply, distribution, services and software agreements between businesses, from the demand letter to trial.
- Disputes between owners
- Partners and shareholders who disagree about money, control or an exit, including buyouts and deadlocks in closely held companies.
- Trade secrets and non-competes
- Former employees or partners who take customers or confidential information. We act for the company enforcing an agreement and for the company accused of breaking one.
- Emergency motions
- Temporary restraining orders and preliminary injunctions, when waiting weeks would cost the business more than the case.
- Commercial collections
- Unpaid invoices and personal guaranties above $50,000, and enforcement of judgments.
- Arbitration
- Hearings before a single arbitrator or a panel, when your contract requires it.
Where we appear
Our office sits between the two Chicago courthouses where most business cases are heard.
Circuit Court of Cook County
Law and Chancery Divisions, Richard J. Daley Center, 50 W. Washington St. 7 minutes on foot from our office
U.S. District Court for the Northern District of Illinois
Dirksen U.S. Courthouse, 219 S. Dearborn St. 4 minutes on foot from our office
Suburban courts
Circuit courts of DuPage, Lake, Will and Kane Counties.
Arbitration
Hearings in Chicago or by video, under the rules your contract names.
What a case costs
Ranges from our commercial cases in 2024 to 2026, billed at the rates on our fees page. Your own budget, phase by phase, comes with the engagement letter, and we update it in writing if the other side changes the plan.
| Phase | What happens | Typical fees |
|---|---|---|
| Assessment | We read the documents, talk to your people and send a written assessment of the claims, the defenses and the options. | $2,500 to $6,000 |
| Demand and negotiation | A demand letter or a response, and talks with the other side before anyone files. | $3,500 to $10,000 |
| Pleadings and early motions | Complaint or answer, motions to dismiss and any emergency motion. | $15,000 to $40,000 |
| Discovery | Documents, written questions and depositions. Usually the longest and most expensive phase. | $40,000 to $150,000 |
| Trial or arbitration hearing | Preparation and the hearing itself, usually two to five days in court. | $40,000 to $120,000 |
- Hourly rates: partners $560, associates $340, paralegals $175.
- A security retainer of $10,000 to $25,000, held in our client trust account and applied to invoices as fees are earned.
- For collections of $100,000 or more, a contingent fee is possible, always in a written agreement.
Who works on these matters
Thomas Marlowe leads every matter in this field.
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Thomas Marlowe
Partner · Commercial litigation
Thomas handles commercial litigation for owner-run companies: contract and partnership disputes, trade secret and non-compete cases, and emergency motions. He co-founded the firm in 2012.
- Direct line
- (312) 555-0111
- tmarlowe@marloweokafor.com
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Owen Ferris
Associate · Commercial litigation, employment law
Owen works on commercial and employment cases with Thomas Marlowe and Adaora Okafor: research, motions, discovery and depositions. He joined the firm in 2021.
- Direct line
- (312) 555-0114
- oferris@marloweokafor.com
Questions we hear first
Something else? Call (312) 555-0110 or send a confidential inquiry.
We have just been served with a lawsuit. What should we do first?
Write down the date and time you were served and call us that day. Deadlines to respond to a lawsuit are short, and missing one can lead to a default judgment. In the meantime, don’t contact the other side and don’t delete anything that relates to the dispute, including email and text messages.
Can we recover our legal fees if we win?
Usually only if your contract or a statute provides for it. In the United States, each side normally pays its own lawyers. We check your contracts for a fee-shifting clause in the first week.
How long does a commercial case take?
A case that settles after a demand letter can be over in a few months. A case that goes through discovery and trial commonly takes two years or more. Your written assessment includes our estimate for your case.
Do you take cases on contingency?
Sometimes, for collections of $100,000 or more against a debtor who can pay. Most of our litigation is billed hourly against a written budget.
Talk to Thomas Marlowe
Describe the matter in a few sentences. It is encrypted in your browser, and Thomas or a colleague replies within one business day.