Kevin O. Gerow concentrates his practice on litigation and regulatory compliance.
Kevin regularly represents clients from every level of the beverage alcohol industry, including suppliers, distributors and retailers, in state and federal courts and before the Illinois Liquor Control Commission, the Chicago License Appeal Commission, the City of Chicago Local Liquor Control Commission and before suburban liquor commissions.
Clients turn to Kevin for his knowledge and consultation related to aspects of the Illinois Liquor Control Act, the Illinois Beer Industry Fair Dealing Act, the Federal Alcohol Administration Act, federal and state regulations, liquor licensing matters, the Chicago Municipal Code and other statutes pertaining to the beverage alcohol industry. He represents clients in a wide array of complex commercial litigation matters, including beer distribution evaluation cases, wholesaler termination cases, business torts, contract disputes, lease and eviction matters and partnership disputes.
Kevin also regularly defends clients facing liquor or business license revocations and other enforcement issues.
Prior to joining the firm, Kevin served as an associate at a full-service Chicago-based firm.
Community Leadership
- Hinsdale Little League Coach
- AYSO Soccer Coach
Honors & Recognition
- Received CALI Award for top grade in an exam course: Real Estate Transactions
- Selected to Comparative Trial Advocacy Program at the Honorable Society King’s Inn Dublin, Ireland, 2010
Representative Matters
- Arbitration Award : In October of 2022, won eight figure arbitration award on behalf of several beer wholesaler clients against a prominent craft brewer. The case involved competing economists testifying on the value of the beer wholesaler’s distribution rights which the craft brewer terminated.
- Shelton Brothers, Inc., v. River North Sales & Service, LLC 2014 L 557 : On March 17, 2020, won $2.1M judgment on behalf of Chicago area beer wholesaler against one of its former suppliers. Judgment represented the value of the wholesaler’s distribution rights which the DuPage County Circuit Court ruled the supplier unreasonably withheld consent to the wholesaler assigning to the purchaser of the wholesaler’s assets. The judgment also included the wholesaler’s attorney fees and punitive damages. The trial lasted over five weeks, involved multiple expert witnesses and involved a unique statutory claim and constitutional challenges. The verdict was recognized nationally in the beverage alcohol industry.
- In re: Village of Orland Park v. Sky Zone : Successfully appealed the ruling of the Village Manager of Orland Park, Illinois, which revoked the business license of the Sky Zone indoor trampoline park based on an incident that involved multiple law enforcement agencies. The Circuit Court of Cook County remanded the case to the Village Manager with the instruction to properly consider the mitigating evidence. The Village Board of Orland Park subsequently approved a settlement agreement to permit Sky Zone to remain open and end the litigation. Chicago Tribune, Fox32 Chicago and other media outlets reported on this litigation and settlement.
- In re: HQ Beercade Pilsen, LLC : Won an appeal before the Chicago License Appeal Commission on October 6, 2020, for the issuance of a retail liquor license. The City Liquor Control Commissioner had denied the license at the urging of community activists and Alderman Byron Sigcho-Lopez. The License Appeal Commission unanimously reversed the Liquor Commissioner’s denial finding that the license would not have a deleterious impact on the community. The Chicago Sun-Times, Chicago Eater and other media outlets reported on this matter.
- In re: HQ Beercade Pilsen, LLC : Successfully defended the City of Chicago’s appeal of the Chicago License Appeal Commission’s October 6, 2020, ruling which granted the license applicant its liquor license. On August 13, 2021, the Circuit Court of Cook County ruled that findings of Chicago License Appeal Commission were not against the manifest weight of the evidence and that the Commission properly applied the correct law.
- Wolcott Building Corp. v 1059 N. Wolcott, LLC : Successfully foreclosed commercial property in Chicago and terminated the junior lienholder interests which totaled more than $2M.
- Wine Wholesaler v. Out-of-State Distiller : Achieved favorable settlement in 2019 on behalf of Chicago area wine and spirits wholesaler who filed an arbitration claim against a distiller based on the distiller’s unlawful termination of the wholesaler’s distribution rights.
- Dionysis Importers v. Diamond Wine Importers : Achieved favorable settlement for wine importer alleged to have violated Virginia franchise law in a matter before the Virginia Alcohol Beverage Control Commission.
- Windy City Distribution Company v. River North Sales & Service, LLC : Achieved favorable settlement in 2016 on behalf of Chicago area wholesaler alleged to have tortiously interfered with another wholesaler’s distribution rights.
- Lincolnwood Commons, LLC v. Scott Tomczyk : Represented personal guarantor of a commercial lease and obtained favorable arbitration award after landlord failed to demonstrate it had mitigated its damages.
Presentations
Kevin frequently co-authors and presents to the Associated Beer Distributors of Illinois regarding trade practice issues. A selection of his other presentations include:
- Co-author, Presentation regarding industry litigation, trade practice issues and legislative updates, Associated Beer Distributors of Illinois Bi-Annual Conference, 2023
- Co-author and presenter, CLE presentation regarding overview of the regulatory framework for the wine industry, National Business Institute, 2016
- Co-presenter, presentation relating to overview of the beverage alcohol industry’s regulatory framework, Chicago Bar Association Food Committee, 2016
