Adam Toosley is a Partner the Chicago Litigation Practice of Smith, Gambrell & Russell, LLP.
Adam has extensive experience in the handling of many different types of commercial disputes and transactions with a primary focus on construction, real estate litigation, and financial services litigation. His experience in the lending and finance arena includes the representation of national lenders and loan purchasers in workout, asset seizure, transactional, bankruptcy, and collection matters, the negotiation and preparation of commercial agreements, including loan documents, purchase and sale agreements (real estate and corporate), construction contracts, deeds in lieu of foreclosure, and forbearance and modification agreements. He also has prosecuted numerous equipment lease cases, including actions seeking the remedies of replevin and detinue.
In the construction and real estate litigation space, Adam has managed a large caseload, including those brought under the Uniform Commercial Code, the Illinois Mechanic’s Lien Act and the Illinois Mortgage Foreclosure Law. Additionally, he has represented nearly all parties in the chain of contract as to construction-related disputes, including lenders, owners, general contractors, subcontractors, and suppliers, and has represented those parties pertaining to payment disputes, commercial real estate foreclosures, mechanic’s lien cases, construction defect cases, fraud and business torts, and bond claims in both federal and state court as well as in arbitrations and mediations inside and outside of Illinois. His practice also includes the representation of court-appointed receivers in foreclosure and forcible entry and detainer actions and the prosecution and defense of landlord-tenant disputes.
Mr. Toosley has handled over 2,000 cases in Illinois, Wisconsin, Michigan, New York, Tennessee, Nevada, and Arizona in the past 20 years. He has taken or defended over 500 depositions and argued at the appellate court level in front of the Illinois Supreme Court.
Mr. Toosley earned his J.D. from the University of Illinois College of Law and holds a B.A. from the University of Illinois at Urbana-Champaign.
Chicago Bar Association
Illinois State Bar Association
University of Illinois Alumni Association
“IICLE: Causes of Action – Contract and Business Disputes 2024 Edition,” Chapter Author (May 2024).
“IICLE: Representing the Parties to a Construction Project 2024 Edition,” Chapter Author (January 2024).
“What an Illinois Condo Needs to Know About Easements for Cable and Internet in Accordance with Sections 14.3 and 18.4(o) of the Illinois Condominium Property Act” (August 1, 2023).
“Do We Have to Make All Board Meetings Open to the Members of the Association?” (July 15, 2023).
“Adding Property Under Section 25 of the Condominium Property Act” (June 21, 2023).
“What Happens When a Failure to Maintain an Illinois Condo Leads to Distressed Condominium Property Status Under the Illinois Condominium Property Act?” (June 15, 2023).
“Illinois Court Rules in Favor of Association in Eviction Action Even Though Board was Not Properly Elected” (June 1, 2023).
“How to Amend Your Illinois Condo Documents as Required Under the Illinois Condominium Property Act, 765 ILCS 605/18” (May 15, 2023).
“Illinois Court Rules HOA Cannot Collect Assessments That Were Improperly Levied Under the Common Interest Community Association Act, 765 ILCS 160” (May 1, 2023).
“What You Need to Know About Master Community Associations in Illinois” (April 3, 2023).
“Mandatory Disclosures in Illinois Condo Resales” (March 2, 2023).
“What to Do When a Unit Owner Violates the Condo Bylaws” (February 1, 2023).
“Reserves and Reserve Funds in an Illinois Common Interest Community” (January 11, 2023).
“Quit Getting Screwed Podcast: Tackling Construction Defects” (January 9, 2023).
“IICLE: Mechanics Liens and Lien Litigation in Illinois” Presenter (January 2023).
“How to Impose and Enforce Fines in an Illinois Condo Association” (December 1, 2022).
“Illinois Common Interest Communities and Condo Associations Can File Property Tax Appeals on Behalf of Unit Owners” (November 1, 2022).
“Illinois Court Orders Developer to Pay Condo Assessments on Unfinished Units” (October 1, 2022).
“Illinois Court Rules Condo Association Did Not Properly Elect Directors and Vote to Amend Condo Bylaws” (September 15, 2022).
“What a Condo Association Board Needs to Know Before Responding to a Unit Owner’s Request to Inspect Books and Records” (September 2, 2022).
“Withholding Assessments in Illinois Condo Associations” (August 16, 2022).
“What You Need to Know About an Illinois Condominium Deconversion” (August 2, 2022).
“The Impact of Zoning or Ordinance Violations on The Sale of Real Property in Michigan” (August 1, 2022).
“Illinois Condominium Lien Property: What Encumbrances Does a Condo Lien Have Priority Over Under 765 ILCS 605/9(g)?” (July 18, 2022).
“Home-Based Business Restrictions in Illinois Condo Associations” (July 5, 2022).
“Wineries of The Old Mission Peninsula Association v. Township of Peninsula: How to Challenge Illegal Zoning Laws” (June 22, 2022).
“Pool Regulations in Common Interest Communities in Illinois” (June 3, 2022).
“What You Need to Know About Parking Issues in an Illinois Condo or Common Interest Community Association” (May 16, 2022).
“HOA Developer Turnover: How to Transfer an Illinois HOA From a Developer to The Owners” (May 3, 2022).
“What You Need to Know About Short-Term Rentals in Illinois Condominiums” (April 4, 2022).
“A Guide to Collecting Delinquent Illinois Condo and HOA Assessments” (April 3, 2022).
“What is the Statute of Limitations for a Michigan Zoning Ordinance Violation?” (February 3, 2022).
“New Developments in Michigan Real Estate Law, Including the Scope of Easements” Instructor (February 2022).
“IICLE: Construction Law Disputes” Chapter Author (2021).
“IICLE: Representing the Parties to a Construction Project 2020 Edition,” Chapter Author (June 2020).
“IICLE: Representing the Parties to a Construction Project 2015,” Chapter Author (September 2015).
“Forum Selection Clauses in Equipment Leases,” Equipment Leasing and Financing (May 25, 2011).
