- Wrongful DeathSuccessfully defended a civil engineering firm in a wrongful death action arising out of a motorcycle accident which occurred during a resurfacing project on a major thoroughfare;
- Construction ContractsBrian R. Bare is a partner at Whitt Law, LLC, concentrating his practice in the representation of school districts and other units of local government, including board governance, business operations, collective bargaining, contract negotiation and review, public bidding, requests for proposals, construction, real estate, personnel and employment issues, and student discipline and special education matters. He assists with the purchase and sale of land and the bidding, preparation, and administration of construction contracts on projects ranging from the construction of a $90 million public high school to annual maintenance and renovation work. Mr. Bare advises public bodies on Freedom of Information Act requests, Open Meetings Act issues, and requests for review by the Attorney General’s Public Access Bureau. He is responsible for purchasing agreements, employment contracts, and intergovernmental cooperation agreements, and he prepared the formation and governance documents for the state’s first renewable energy agency formed by school districts in pursuit of wind power. Mr. Bare frequently assists with the administration and negotiation of collective bargaining agreements and the resolution of grievances and unfair labor practice charges.
- Employment ContractIllinois law requires that multi-year employment contracts for administrators be performance-based and linked to student achievement. Whitt Law is highly experienced in the preparation and enforcement of clear, concise performance-based multi-year contracts for administrators, in straightforward terms that are readily understood by boards and administrators alike.
- Employment LitigationJames R. Dougherty, a partner at Whitt Law, LLC, concentrates his practice in the areas of property tax and assessment litigation, school district related litigation, general commercial litigation, insurance coverage litigation, construction litigation, financial services litigation, and employment litigation, as well as professional liability and product liability matters. He has tried cases in Illinois State and Federal courts and before the Illinois Property Tax Appeal Board. In addition, he has represented clients before the Illinois Appellate Court and United States Court of Appeals for the Seventh Circuit. Mr. Dougherty has obtained multimillion dollar judgments on behalf of his clients in numerous cases and several venues including Cook, DuPage, and Kendall Counties. He has also successfully defended high exposure cases throughout Illinois and acted as national counsel in such cases pending throughout the country. In the course of his practice, Mr. Dougherty has represented clients in cases pending in Illinois, New York, California, Delaware, Wisconsin, Louisiana, Virginia, Massachusetts, Pennsylvania, Michigan, Hawaii, Tennessee, New Mexico, Ohio, Florida, New Jersey, Kentucky, Oregon, South Carolina, Texas, Indiana, Oklahoma, Maryland, Alabama, Rhode Island, Montana, and the Cayman Islands.
- Sexual HarassmentWhitt Law LLC offers sound, practical legal counsel to school districts facing a variety of employee grievances and challenges in matters of discipline or dismissal. When budget cuts call for staff dismissals, Whitt Law can guide districts through the legal process of making the reductions while protecting the rights of contracted employees. In matters regarding sexual harassment, drug testing, employee safety, and discrimination, we walk districts through the labyrinth of statues and regulations and, when necessary, represent districts before the Illinois Human Rights Commission and the Equal Employment Opportunity Commission.
- Real Estate LitigationSince 2017, Mr. Bare has been appointed to serve on the Education Law Section Council of the Illinois State Bar Association, and he also served as Chair for the 2021-22 year. He is a frequent presenter of continuing legal education programs for the ISBA and other organizations. From 2017 through 2019, Mr. Bare was named to the list of “Emerging Lawyers” by Law Bulletin Media. Since 2020, Mr. Bare has been named a “Leading Lawyer” in Illinois in the areas of School Law; Governmental, Municipal, Lobbying & Administrative Law; Land Use, Zoning & Condemnation Law; and Real Estate Law: Tax. Fewer than 5% of all Illinois lawyers have received the distinction of Leading Lawyer. Attorneys selected for this honor are recognized as being leaders in the legal profession.
- Construction LitigationSchool construction is often accomplished through the issuance of bonds. The Whitt Law team can advise school boards and administrators on how bonds may be efficiently used within the context of other funding sources. We have also represented school districts in securing grants under the School Construction Law, issuing life/safety bonds, working cash fund bonds and tax anticipation warrants (TAWs), as well as more than $600 million in refunding bonds.
- Eminent DomainWhitt Law’s team has provided legal counsel to help school districts acquire more than 60 school sites across Illinois. We help school districts identify suitable properties, evaluate competing properties, and then acquire them through traditional or innovative financing options. Whitt Law can also help a district through eminent domain proceedings in those situations where private land must be taken for public purposes. We have expeditiously helped districts acquire land in the circuit courts of Kane, Kendall, DuPage, Will and Grundy counties so that their facility would be completed in time for students. Also, when school sites or facilities are no longer suitable for school purposes, we assist school districts in disposing of them.
- Land Use and ZoningWhitt Law LLC works tirelessly on behalf of our clients to obtain the proper land use entitlements and zoning necessary to construct a public school facility on the chosen site. Our familiarity with municipal, county and local governments throughout Illinois helps us facilitate communication and reach efficient resolutions for our clients.
- BankruptcySuccessfully recovered over $1.1 million in delinquent property tax payments on behalf of numerous Illinois taxing districts from a corporate Chapter 11 Bankruptcy proceeding pending in the United States Bankruptcy Court for the District of Delaware;
- ForeclosureObtained an $11.1 million judgment on behalf of a regional lender in a commercial mortgage foreclosure and breach of guaranty action arising out of a failed property development;
- Tax LawOur people rise to each legal challenge with competence and determination, bolstered by their unique individual talents and knowledge in their areas of concentration: education law and property tax law. Our entire team strives toward one main goal: to find the best legal solution for the client.