Emalfarb, Swan & Bain
Over the past 35 years, Emalfarb, Swan & Bain has been the general counsel to a number of trade associations, Fortune 500 companies, and small proprietorships, protecting billions of dollars in receivables by developing a compliance system for use across multiple industries. From defending the rights and receivables of its subcontractor and material supplier clientele on construction projects, to building public infrastructure and advocating for legislative change, ESB understands your business and gets you results.
Established in 1978, Emalfarb, Swan & Bain has become a leading construction law firm known to its clients for seeking business solutions before litigation becomes necessary. Founded in the Chicago Metropolitan area and serving the global marketplace, Emalfarb, Swan & Bain has become an industry leader offering strong capabilities in the areas of corporate, real estate & construction law, as well as energy & infrastructure development and litigation.
ESB’s lawyers have distinguished themselves in numerous areas of practice, with several rated among the best in their areas by various client, peer and industry rankings.
Experience and Efficiency
ESB takes pride in their staff of experienced attorneys licensed in Illinois and independent local counsel admitted in each jurisdiction throughout the United States and Canada.
In addition to their attorneys and local counsel, Emalfarb, Swan & Bain is supported by a staff of skilled and experienced managers, paralegals and legal secretaries all using the latest equipment and support services to further the success of the firm and its clients. ESB’s Caseload Management System and Lien Tracker Program give their clients the efficiency and competitive edge they need to do business in today’s turbulent economic times.
Emalfarb, Swan & Bain, as a firm, reaches throughout the nation with both its national client base and its work with independent local counsel throughout the country. Their model falls somewhere between the much discussed virtual office and the traditional "practice area" focused law firm. With a concentration in commercial and construction law, ESB has developed relationships with expert attorneys across the globe to offer their clients top of the line support and service regardless of the type or location of the project at hand.
Receive personal attention and “big firm expertise” at mid-sized firm rates with Emalfarb, Swan & Bain. Their clients benefit from reasonable hourly rates and a careful fee statement review process. Working with one of their caseload managers to review and assess goals and needs, clients can rest assured their best interest is in mind.
ESB is always searching for effective independent local counsel throughout the world and are specifically looking for firms who have a sensitivity for the special needs of the construction and clean tech industries. ESB tries to use firms who not only provide services for their clients in Europe, Latin America, and Asia but who also have clients requiring legal counsel in the United States and Canada for direction to independent local counsel.
Presently, the firm is heavily committed to establishing an infrastructure in Asia both for providing legal services for U.S. multinational corporations requiring work in china and for multinational corporations requiring legal work in the united states to be sent by their attorneys from Asia.
Partners & Associates
Hal A. Emalfarb is an experienced negotiator in the construction industry who emphasizes pre-trial litigation settlements. By combining a business approach with procedural and substantive savvy, he enhances and strengthens the business and legal position of clients. Mr. Emalfarb places a strong emphasis on a company's statutory and other compliance systems designed to resolve legal problems for his clientele. Solving legal issues, which inevitably arise in the construction industry with the goal of minimizing court costs and expenses. A Strong commitment to contract administration and training of his clientele.
Peter G. Swan
Mr. Swan has extensive experience in maritime shipping law, and the defense of maritime personal injury suits. Since peter G. Swan began his partnership with Hal A. Emalfarb, he co-authored a national chapter in a treatise on construction law for Matthew Bender publications on modification and termination of construction contracts, and a chapter on federal rule of evidence 604 in the American Bar Association’s evidence treatise. Mr. Swan has had extensive experience in public and private mechanics’ lien litigation, construction litigation, truth in lending act defense, retaliatory discharge, ERISA litigation and other labor and commercial issues. Most recently, Mr. Swan has successfully argued before the Illinois Appellate Court to clarify the standard of proof relating to enforcement of mechanic lien claims in Illinois.
Howard M. Bain
Mr. Bain pioneered in the area of consumer access to the legal profession by founding and managing the legal shops in the Montgomery Ward stores beginning in 1979. Most recently, Mr. Bain has launched the lawyers in other cities program and website, which serves as an access point for both companies and individuals to use legal services in states other than their home state. Mr. Bain has delivered and chaired a series of intensive workshop seminars for construction attorneys who provide services to national lien & bond claim systems, a national construction trade association. Mr. Bain periodically co-hosts seminars for construction professionals other than attorneys by providing round table seminars on national topics that are of current interest to the construction industry.
While in law school, Mr. Emalfarb was the president of Lambda Alpha International (the Honorary Society for the Advancement of Land Economics) student chapter at The John Marshall Law School. Mr. Emalfarb joined Emalfarb, Swan & Bain in May 2010 where he concentrates on a broad range of real estate transactions, construction law, general commercial transactions and litigation matters. In the spring of 2014, Mr. Emalfarb completed a legal internship at the United Nations International Criminal Tribunal for Rwanda, Appeals, and Legal Advisory Division. Mr. Emalfarb has represented numerous companies and individuals within the commercial and residential construction industries, including general contractors, architectural and design firms, subcontractors, suppliers, as well as homeowners and other property owners.
Admitted to Practice:
- Illinois, 2010
- Texas, 2018
- The John Marshall Law School, Chicago, IL, Juris Doctor, January 2010
- The John Marshall Law School, Chicago, IL, LL.M. in Real Estate, May 2018
- University of Iowa, Iowa City, IA, Bachelor of Arts, May 2007