ALAN L. FULKERSON

photo of chicago litigation attorney, Alan L. FulkersonAlan Fulkerson joined the firm as a partner in 1985. Since that time he has concentrated his practice in the corporate and banking fields where he has extensive experience in commercial litigation, including foreclosures, lender liability suits, embezzlement, midnight deadline and check kiting cases, banker’s blanket bond claims, suits on guaranties, other collection matters, as well as protection of secured lenders in various bankruptcy and non-bankruptcy proceedings. Alan has prosecuted and defended lawsuits seeking injunctive relief for violation of non-competition agreements and disclosure of confidential business information, and successfully defended age, sexual, national origin, race and disability discrimination actions brought against banks, corporations, hospitals and schools the firm has represented. Recently, Alan shifted the focus of his practice to the negotiation and drafting of loan and security agreements, involving asset and non-asset based loans secured by different types of collateral, including real estate and non-real estate assets, as well as the representation of real estate developers, particularly in the area of condominium conversion. He continues to counsel the firm’s clients on a wide range of commercial disputes.

Education

University of Illinois, B.A. economics, 1970
The John Marshall Law School, J.D., managing editor Law Review, 1973

Bar Admissions

Illinois
United States Supreme Court
United States Court of Appeals, Seventh Circuit
United States District Courts for the Northern and Central Districts of Illinois, including the trial bar of the Northern District

Civic

Since 1997, Alan has served as an alderman for the City of Palos Heights. He is chairman of the City’s Finance and the ad-hoc Cable Television Committees, and the senior member of the Planning and Zoning and License, Permits and Franchises Committees. Prior to becoming an alderman, Alan was a member of the City’s Plan Commission for 15 years, the last eight of which he served as its chairman. During his tenure on the City Council and Plan Commission, Alan helped negotiate annexation agreements and/or development agreements governing Oak Hills Country Club Village, a planned residential development, Lake Katherine Nature Preserve, a mixed use commercial, residential and recreation development and Westgate Valley, a planned unit development consisting of single and multifamily housing, as well as commercial and office complexes.

Notable Cases

Nowak vs. St. Rita High School, 142 F.3d 999 (7th Cir. 1998), which established the rule that an individual who is not capable of performing the requirements of his job at the time of his discharge is not a qualified individual with a disability for the purposes of the American’s With Disabilities Act.

In re Estate of Knowlson, 154 Ill. App. 3d 249, 507 N.E. 2d 28 (1st Dist. 1987), appeal following remand, 204 Ill. App. 3d 454, 562 N.E. 2d 277 (1st Dist. 1990), which established the rule that it is permissible to join an action for tortuous interference with an expectancy with a timely filed will contest.

Land vs. Michael Reese Hospital & Medical Center, 153 Ill. App. 3d 465, 505 N.E.2d 1261 (1st Dist. 1987), holding that an employer’s failure to comply with an arbitrator’s decision made pursuant to a employer-mandated grievance procedure entitled a wrongfully discharged employee to reinstatement with full back pay.

Berg vs. Mid-America Industrial, Inc., 293 Ill. App. 3d 731, 688 N.E.2d 699 (1st Dist. 1997), holding that an action commenced on behalf of a corporation by a layperson is void ab initio and a trial court cannot dismiss a complaint as a Rule 137 sanction without specific findings of fact which demonstrate that the sanction was appropriate based upon the offending party’s conduct.

In re Marriage of Zimmerman, 200 Ill. App. 3d 594; 558 N.E.2d 302 (1st Dist. 1990), holding that a trial court’s division of marital property which is based upon mathematical errors is inequitable.

In re Marriage of Theeke, 105 Ill. App. 3d 119, 433 N.E.2d 1311 (1st Dist. 1981), holding it is not error to receive a child’s testimony in camera, as a child’s testimony may be taken either from the witness stand, or in chambers, in the court’s discretion, and a trial court possesses jurisdiction to consider a request for prospective attorneys’ fees for defense of an appeal after a notice of appeal and may allow the request where a basis has been established in the record.

In re KZK Livstock, Inc., 91 BR 82986 (Bankr. C.C. Ill. 1991), a financial institution which is the subject of a check kiting scheme may commence an involuntary bankruptcy proceeding against its check kiting customer and the bankruptcy trustee may thereafter bring adversary proceedings against individuals and entities that received proceeds of the kiting activity.

People ex rel. Carey vs. Lincoln Towing Service, Inc., 54 Ill. App. 3d 61, 369 N.E. 2d 94 (1st Dist. 1977), established the rule that the corporate charter granted to an entity by the State of Illinois may be revoked if that entity engages in business practices not conferred upon it by its charter or Illinois law.