SULLIVAN HINCKS & CONWAY

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2 Law Offices of SULLIVAN HINCKS & CONWAY 120 West 22nd Street, Suite 100 Oak Brook, Illinois T: F:

3 About Small Firm. Big Experience. At Sullivan Hincks & Conway, we offer you the personalized attention of a small law firm coupled with 100+ years combined experience. We are committed to listening to your concerns, understanding them, and delivering efficient, intelligent solutions. We strive to be a partner in your legal needs. Located in Oak Brook, Illinois, we represent clients involved in federal and state court litigation all over the United States, including, in the Chicago area, Cook, Kane, DuPage, Lake, McHenry, Will, and Kendall Counties. Our Clients Since 1970, Sullivan Hincks & Conway has supported a wide variety of corporations, limited liability companies, partnerships, and individuals including: ALG Worldwide Logistics, LLC Alliance Shippers, Inc. American Chartered Bank American Inter Fidelity Exchange American Service Insurance Company Anchor Mechanical, Inc. Bellair Expediting Service Co., Inc. Bullseye Global, LLC Central States Automatic Sprinklers, Inc. Central Transport International, Inc. Cheese Merchants of America, Inc. Cornerstone Solutions, Inc. Exclusive Construction Services, Inc. Exron Capital, Inc. First Chicago Insurance Company Firstpoint Residential Communications, Inc. Fitzpatrick Brothers, Inc. 3

4 Flexsol Packaging Corp. Garda CL Great Lakes, Inc. Greco & Sons, Inc. Hallberg Commercial Insurance Agency The Mason and Dixon Lines, Inc. Oberweis Dairy Olds Products Co. of Illinois PAM Transportation Services, Inc. Pork King Packing, Inc. R. Whittingham & Sons Corporation R.R. Donnelley & Sons Company Southside Electrical Distributors, Inc. TranzAct Technologies, Inc. United Security Life & Health Insurance Company Universal Truckload Services, Inc. U.S. Bank Woodland Construction Company of Illinois, Inc. World Fuel Services, Inc. 4

5 Practice Sullivan Hincks & Conway is a full-service civil litigation firm offering businesses and individuals experience in 20+ practice areas. Civil Litigation Practice At Sullivan Hincks & Conway, we have the experience to protect your interests in a civil lawsuit. We regularly handle civil litigation at all levels of state and federal court, including appellate. We offer experience as both plaintiff s and defendant s counsel in areas such as: Transportation, Logistics & Maritime, including cargo claims (Carmack & COGSA), licensing, safety and other FMCSA, FMC, IL.C.C., STB, FAA, FHWA, and PACA matters. Insurance, including compliance, coverage, liquidation, and conservation litigation. Construction, including mechanic s lien litigation, construction injury litigation, and construction defect litigation. Corporate litigation, including partnerships and other business entities. Personal injury claims, including accident lawsuits. Intellectual Property, including copyright matters, Illinois Trade Secrets Act, and trademark matters. Transactional litigation, including contract, private merger, and acquisition litigation. Commercial Collections, including business debt recovery. Employment matters, including non-compete disputes, and EEOC, ERISA, and COBRA claims. Estate Planning & Probate, including probate litigation and trust litigation. Commercial and residential real estate litigation. Administrative & Governmental, including administrative hearing and appeals especially on matters involving the FMCSA, IDES, IDOR, EEOC, UIA, and the IL.C.C. in Illinois and other states. Regulatory Compliance on transportation and logistics on safety and hazardous materials. 5

6 Tax, including IRS and state and local Department of Revenue matters. Securities, including fraud claims. Appellate, including federal and state civil appeals. Product Liability, including Breach of Warranty claims and Consumer Protection claims. Equine litigation, including breeding partnerships and livery liens. Sports, including contract matters and arbitration. Environmental matters including working with government agencies and regulations including the EPA, CAA, CWA, RCRA, and IEPA. Plaintiff and defendant PMPA litigation. Transportation, Logistics & Maritime Practice Together Sullivan Hincks & Conway attorneys offer 50+ years experience representing clients in the transportation, logistics, and maritime industries. Our experience includes broad-based representation of: Air freight forwarders Consolidators Fulfillment companies Intermodal marketing companies Motor carriers and motor carrier brokers OTIs including NVOCCs and Ocean Freight Forwarders Private and proprietary carriers Refrigerated carriers Shippers, shippers agents, and shippers associations Suppliers to companies engaged in transportation and logistics functions Surface freight forwarders and exempt freight forwarders Third-party logistics service providers Vehicle leasing companies Warehousing companies 6

7 Representation includes areas such as: Cargo claims Motor carrier freight bill collection Carmack Amendment involvement Civil forfeiture defense COGSA claims Commercial controversies Contract and rate negotiation Driver classification issues Insurance coverage Logistics contracting and planning Maritime Regulation compliance Involvement with DOT, FAA, FHWA, FMC, FMCSA, STB, and comparable state and local agencies PACA claims Safety issues Sales tax issues Insurance Practice At Sullivan Hincks & Conway, we understand your insurance issues and can minimize your risk. Our extensive experience includes handling: Defense of insureds on behalf of carriers Insurance coverage claims Insurance coverage litigation Insurance liquidation Insurance rehabilitation Non-compete litigation Regulatory law matters, such as new company acquisitions and other regulatory filings required by the Illinois Department of Insurance Construction Practice Sullivan Hincks & Conway has experience in construction injury and construction defect litigation, representing owners, contractors, and individuals alike. Members of the firm are also qualified to advise construction clients on contract issues, work-site safety issues, and other risk management issues. Our representation of contractors includes mechanic s lien enforcement and filing. 7

8 Corporate Practice Sullivan Hincks & Conway offers extensive experience representing small to large corporations and retail entities in their start-up and continuing growth. We want to help you establish your business and grow it to its fullest potential. We offer you a full range of corporate law services including: Advice on choosing what entity is appropriate for your corporation Establishment of C corporations, S corporations, LLCs, and LLPs Advice on business structure, including your management team Advice on raising capital and working funds Corporate contract matters Preparation of administrative filings, such as insurance and agents for service of process Licensing of trucking and other transportation entities Preparation of corporate minute books and records Preparation of shareholder, buysell, and partnership agreements Personal Injury Practice Sullivan Hincks & Conway can represent you in a wide variety of personal injury claims including: automobile accidents; wrongful death; slip and falls; medical malpractice; work injury and worker s compensation; and defective products. We work with you to understand the physical or psychological damage and yield you the maximum amount of compensation. We can help you understand the financial implications of your settlement and offer tax and financial planning advice. 8

9 Intellectual Property Practice Sullivan Hincks & Conway can provide you with the strategic counsel to protect your Intellectual Property rights. We have experience in both federal and state court litigating Intellectual Property matters. We can assist you in copyrighting your published or unpublished original works, whether they are literary, dramatic, musical, performance, or computer software. We also are experienced in registering trademarks and service marks with the U.S. Patent & Trademark Office and with the State of Illinois and assisting clients in defending their registered trademarks and service marks. We can defend your company s unique trade secrets from competitors. Transactional Practice Sullivan Hincks & Conway understands the business, financial, and economic aspects of your transactions. Our expertise and savvy helps us identify the key issues, avoid any pitfalls, and capture or add value to your transactions. Allow us to represent you in a broad range of non-public business transactions such as: Drafting, reviewing, and negotiating commercial contracts, agreements, and other similar legal documents Formation of your corporation, LLC, LLP, or other business entity Drafting corporate bylaws and operating agreements Advice on hiring employees or independent contractors Drafting of employment and termination agreements Purchase, merger, and sale of businesses Purchase and sale of real estate for your business Sale of equity to outside investors Establishment of joint ventures Transportation and logistics transactions Equine transactions, including pinhooking and racing partnerships Litigation in contract disputes 9

10 Commercial Collections Practice Many businesses face problems collecting monies due for services or goods. Sullivan Hincks & Conway regularly pursues collection of debt or defense of such claims. In addition to our experience in this area in a variety of industries, we have particular expertise in debt collection of motor carrier freight bills based on the interplay of monies due with the regulation of interstate commerce. We also litigate to collect claims amounts from carriers who damage goods in transit, either under the aegis of the Carmack Amendment, or under specific contracts for transportation. Employment Practice Whether you are an individual or a corporation, turn to Sullivan Hincks & Conway to work out your employment law matters. We can represent you in matters including: Administrative agency controversies, such as those involving the EEOC and the IHRC Employment contract issues, such as drafting contracts, wrongful termination claims, and breach of contract claims Employment controversies prior to and during litigation Prosecution and defense of discrimination claims Prosecution and defense of affirmative action claims Prosecution and defense of sexual harassment claims Prosecution and defense of unsafe work environment claims FMLA issues HIPAA issues ADA issues ERISA / COBRA claims 10

11 Estate Planning & Probate Practice Sullivan Hincks & Conway offers comprehensive experience in both estate planning, probate, and trust administration. We can prepare wills, prepare trusts, and establish power of attorney for health care and property. We can offer estate planning advice, including special guidance regarding The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of We can work with executors and trustees to represent and administrate your trusts and probating estate. We can prepare an accounting of assets, assist with the sale of real estate, pay final debts and taxes, and orderly distribute all property. Commercial & Residential Real Estate Practice Sullivan Hincks & Conway has a wealth of experience in both commercial and residential real estate. We can help you with many real estate matters including: Commercial and residential closings Commercial leases on behalf of both tenants and landlords Establishment of partnerships and LLCs for the development and sale of real estate Industrial revenue bond issues for borrowers Preparation of contracts for real estate transactions Purchase and sale of business assets Representation of condominium association boards Significant environmental issues impairing the alienability of property Subdivision of real property Tax issues using available techniques such as starker (IRC Sec. 1031) exchanges Zoning variances and rezoning to maximize values All aspects in the development and sale of single family homes, town homes, and condominium projects Foreclosure matters, including matters involving bankruptcy or short sales 11

12 Administrative & Governmental Practice Sullivan Hincks & Conway can help you successfully navigate the rules and regulations of government and other administrative bodies at the federal, state, county, and city levels. We can represent your initial claim or handle your appeal. We have extensive experience working with many government and administrative agencies including the FMCSA, IDES, IDOR, EEOC, UIA, and the IL.C.C in Illinois and other states. Regulatory Compliance Practice Sullivan Hincks & Conway offers you extensive experience complying with the myriad of rules and regulations enforced by federal, state, and local regulatory agencies. We can help you: Deal with employee complaints Handle safety audits Represent civil forfeitures involving safety and hazmat Secure transportation-related licenses Seek regulatory approval for the acquisition of an insurance company Handle insurance company insolvency issues and related litigation Regulatory agencies where we practice include the FMCSA, FAA, IL.C.C., IDOR, EEOC, UIA, OSHA, DOT, STB, Department of Insurance, and state agencies regulating security guard and armored car companies, particularly in licensing carrying of weapons. 12

13 Tax Practice Sullivan Hincks & Conway has the experience and accounting know-how to guide you through your tax issues. We can help you with: IRS audits Illinois, or other state, Department of Revenue audits International fuel tax agreement issues State sales and use tax audits and protests Unemployment tax hearings Workers compensation premium audits Preparation of corporate and individual income tax returns Securities Practice The FBI has estimated securities fraud losses in excess of $40 billion per year... don t be part of this statistic. Sullivan Hincks & Conway has the experience to represent you in your securities-related litigation. We can help you with stockbroker fraud, financial advisor fraud, unsuitable investment recommendations, excessive trading/churning, unauthorized trading, and breach of fiduciary duty. We are well-versed in FINRA arbitrations, with our goal to recover as much of your damages as possible. 13

14 Appellate Practice At Sullivan Hincks & Conway, our deep understanding of the law allows us to win your appeal. We take a research-intensive approach. We examine your case after a thorough review of the record before we write the appeal briefs. We use a team system to prepare our oral arguments so they are fully tested. We offer experience in the following appellate courts: U.S. Supreme Court Illinois Supreme Court Kansas Supreme Court U.S. Court of Appeals for the Federal Circuit U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Tenth Circuit U.S. Court of Appeals for the District of Columbia Circuits Product Liability Practice Sullivan Hincks & Conway offers experience representing manufacturers, owners, distributors, suppliers, and retailers who make products available to the public and may be held responsible for injuries. We can also advise clients regarding risk management in the products liability context. 14

15 Petroleum Marketing Practices Act (PMPA) Practice Sullivan Hincks & Conway has an active, continuing PMPA practice. We have represented retail gasoline dealers in unfair terminations or non-renewal from suppliers. We have also represented defendant distributors in their PMPA matters. Equine Practice Sullivan Hincks & Conway is uniquely qualified to represent your equine law matters. We offer knowledge and love of the horse industry coupled with extensive business law experience. We have represented clients in breeding partnerships, livery liens, pinhooking, racing partnerships, and veterinary malpractice cases. Sports Practice Sullivan Hincks & Conway offers experience representing professional athletes, their businesses, and their personal affairs both on and off the field. You focus on your game, and we ll focus on your labor and employment, intellectual property, and tax matters. Our winning negotiation, contract, and arbitration skills will keep you off the sidelines. Environmental Practice Sullivan Hincks and Conway attorneys offer experience in defending and prosecuting environmental litigation matters, in analyzing and litigating the insurance coverage questions raised by such matters, and in assisting transactional clients with environmental issues. We are experienced working with government agencies and regulations including the EPA, CAA, CWA, RCRA and IEPA. 15

16 Counsel Not only does our counsel know its way around a courtroom, we also teach the law, publish about the law, and serve as Directors and General Counsel on multiple Corporate Boards. We have Admissions to Practice in 20+ courts including the U.S. Supreme Court, the Illinois Supreme Court, all U.S. Courts of Appeal, and District courts in Kansas, Wisconsin, Michigan, Indiana, and Texas. Daniel C. Sullivan, Partner Mr. Sullivan has extensive experience in transportation, logistics, and maritime law, including cargo claims, trucking matters, transportation contracts, and transportation regulation. Mr. Sullivan also has considerable experience in corporate law, regulatory compliance law, intellectual property law (including trademarks and copyrights), transaction law, commercial real estate, appellate law, equine law, employment law, administrative law, and tax law. He received his A.B. from Kansas State University in 1962 and his J.D. from Washburn University of Topeka, Kansas in

17 Mr. Sullivan s admissions to practice include: U.S. Supreme Court, 1978; Kansas Supreme Court, 1967; U.S. District Court, District of Kansas, 1967; Illinois Supreme Court, 1970; U.S. District Court, Northern District of Illinois, 1971; U.S. District Court, Central District of Illinois, 2005; U.S. District Court, Eastern District of Wisconsin, 1973; U.S. Court of Appeals for the Federal Circuit, 2006; U.S. Court of Appeals for the Second Circuit, 1977; U.S. Court of Appeals for the Third Circuit, 1980; U.S. Court of Appeals for the Fourth Circuit, 2006; U.S. Court of Appeals for the Fifth Circuit, 1986; U.S. Court of Appeals for the Seventh Circuit, 1975; U.S. Court of Appeals for the Eighth Circuit, 1975; U.S. Court of Appeals for the Ninth Circuit, 1975; U.S. Court of Appeals for the Tenth Circuit, 2004; U.S. Court of Appeals for the District of Columbia Circuits, 1978; Federal Court of Claims, 2003; U.S. District Court for the Eastern District of Michigan, 2010; and the U.S. Court of Appeals for the Sixth Circuit, His affiliations include the: Transportation Lawyers Association; Association for Transportation Law, Logistics, and Policy; Illinois State Bar Association; and the DuPage Bar Association. In addition to his law practice, Mr. Sullivan teaches law classes, publishes widely, and serves as a Director for both P.A.M. Transport, Inc. (NASDAQ- PSTI) and Universal Truckload Services, Inc. (NASDAQ-UACL). T: x16 F: [email protected] 17

18 Patrick M. Hincks, Partner Mr. Hincks offers extensive experience in civil litigation, transaction law, commercial and residential real estate, corporate law, regulatory compliance, tax law, securities law, environmental law, sports law, construction law, employment law, and commercial collections. He also serves as general counsel for several real estate and insurance companies. He graduated magna cum laude with a B.A. from St. Mary s College in In 1989, he received his J.D. from Loyola University of Chicago School of Law. Mr. Hincks admissions to practice include the Illinois and U.S. District Court, Northern District of Illinois, He is a member of the Illinois Bar Association and the Chicago Bar Association. T: x14 F: [email protected] 18

19 John J. Conway, Partner Mr. Conway primarily handles civil litigation of business disputes and torts for both plaintiffs and defendants in federal and state court. He also practices in the following areas: corporate; transactions; transportation, logistics, and maritime law; estate planning and probate; real estate; intellectual property; and PMPA law. Illinois CPA Society. In addition to his B.A. and J.D., Mr. Conway is also a Certified Public Accountant and member of the He received a B.A. in 1983 and a B.S. in 1985 from Illinois State University. He received his J.D. in 1993 from DePaul University College of Law. He is also a Certified Public Accountant. Mr. Conway s admissions to practice include: Illinois and U.S. District Court, Northern District of Illinois, 1993; U.S. Court of Appeals for the Seventh Circuit, 1995; U.S. Court of Appeals for the Tenth Circuit, 2004; U.S. District Court for the Eastern District of Michigan, 2010; U.S. Court of Appeals for the Sixth Circuit, 2011; U.S. District Court for the Northern District of Indiana, 2011; and the U.S. Court of Appeals for the Seventh Circuit, His affiliations include the Illinois State Bar Association, the Chicago Bar Association, and the Illinois CPA Society. T: x15 F: [email protected] 19

20 Desmond Patrick Curran, Partner Mr. Curran primarily practices in the area of civil litigation, with an emphasis on insurance-related matters and construction-related matters. Mr. Curran offers his clients a wealth of experience in a wide variety of matters including high-profile cases such as: Waste Management v. ISCIC (environmental coverage action); Buckley, Cruz, Hernandez v. County of Du Page, et. al. (consolidated actions stemming from the Jeanine Nicarico murder investigation); and Comdisco v. St. Paul Fire and Marine (litigation stemming from the IBM-Comdisco lawsuits). Mr. Curran also has experience in handling environmental matters, in assisting clients with a variety of regulatory compliance issues and actions, in commercial and residential real estate, and in handling a variety of business disputes, including mechanic s lien claims. In 1989, he received his B.A. from the University of Notre Dame. In 1992, he received his J.D. from the Notre Dame Law School. Mr. Curran s admissions to practice include: Illinois, 1992; U.S. District Court, Northern District of Illinois, 1993; U.S. District Court, and Northern District of Indiana, He is a member of the Illinois State Bar Association. T: x13 F: [email protected] 20

21 Matthew P. Barrette, Partner Mr. Barrette handles cases in transportation, logistics, and maritime law, commercial collections, and regulatory compliance law. He has represented clients involved in all aspects of domestic and international transportation including motor carriers, freight forwarders, brokers of motor carriers, intermodal marketing companies and shippers agents, OTIs, and shippers. He graduated cum laude with a B.A. from University of Notre Dame in He graduated cum laude with a J.D. from the Notre Dame Law School in Mr. Barrette s admissions to practice include: Illinois, 2001; Supreme Court of Illinois, 2001; U.S. District Court for the Northern District of Illinois, 2001; U.S. District Court for the Eastern District of Wisconsin, 2003; U.S. District Court for the Central District of Illinois, 2005; U.S. Circuit Court of Appeals, Tenth Circuit, 2004; U.S. Circuit Court of Appeals, Federal Circuit, 2005; U.S. Circuit Court of Appeals, Fourth Circuit, 2006; and the U.S. District Court for the Southern District of Texas, He is a member of the Illinois State Bar Association, Illinois Trucking Association, Traffic Club of Chicago, and the Transportation Lawyers Association. T: x23 F: [email protected] 21

22 Ryan A. Mahoney, Associate Mr. Mahoney focuses his practice in commercial litigation, construction law, employment law, insurance law, personal injury law, product liability law, transportation, logistics, and maritime law, and appellate law. In 1998, he graduated magna cum laude with a B.A. from the University of Dayton. He received his J.D. from the Notre Dame Law School in Mr. Mahoney s admissions to practice include: Illinois, 2001; U.S. District Court for the Northern District of Illinois, 2001; U.S. District Court for the Northern District of Indiana, 2005; U.S. District Court for the Eastern District of Wisconsin, 2006; and U.S. Court of Appeals for the Seventh Circuit, T: x27 F: [email protected] 22

23 Alyson M. Sullivan, Associate Ms. Sullivan practices in the areas of commercial collections, transportation, logistics, and maritime law, employment law, and personal injury law. In 1999, she earned her B.A. from the University of Kansas. In 2006, she earned her J.D. from Washburn University School of Law. Ms. Sulllivan s admissions to practice include: Illinois, 2009; Missouri, 2008; New York, 2007; U.S. Court of Federal Claims, 2009; and U.S. District Court for the Northern District of Illinois, She is a member of the Illinois State Bar Association. T: x20 F: [email protected] 23

24 Michael A. Faccenda, Associate Mr. Faccenda practices in the areas of insurance law, personal injury law, employment law, product liability law, construction law, corporate law, commercial and residential real estate, sports law, and commercial collections. In 1993, he received his B.A. from the University of Notre Dame. In 1996, he received his J.D. from the Notre Dame Law School. Mr. Faccenda s admissions to practice include: Illinois, 1997; U.S. District Court for the Northern District of Illinois, 1997; and U.S. District Court for the Northern District of Indiana, He is a member of the Chicago Bar Association and the Illinois Bar Association. T: x11 F: [email protected] 24

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