Joseph P. Kincaid

Biography

Joseph P. Kincaid is an equity partner at Swanson, Martin & Bell, LLP.  He is a founding member of the firm's Commercial Litigation and Business Disputes Practice Group, as well as a co-chair and founding member of the Creditors' Rights and Bankruptcy Practice Group.  He focuses his efforts on creative solutions to complex problems through prompt and meaningful consultations with clients and through candor with opposing counsel. 

Practices

Commercial Litigation and Business Disputes
Creditors’ Rights and Bankruptcy
Equipment Leasing
Construction
Real Estate Litigation and Transactional Services
Class Action Defense

Memberships & Affiliations

  • National Association of Equipment Leasing Brokers
  • Institute of Real Estate Management
  • National Equipment Finance Association
  • National Association of Retail Credit Attorneys
  • Illinois Creditors Bar Association
  • The Association of Credit and Collections Professions

Awards

  • Selected for inclusion in Illinois Super Lawyers in 2013-2018
  • Selected for inclusion in Leading Lawyers in 2018-2021

Publications

  • Julie D. Miller, Joseph P. Kincaid, Michael A. McCaskey, "The Widespread Impact of the FCC's 2014 Ruling Relating to Fax Advertising," DRI Commercial Litigation Newsletter, May 2015
  • Jeffrey S. Becker, John P. Arranz, Alfred K. Murray II, “Chapter 4 – Equitable Remedies” Creditors' Rights in Illinois, Illinois Institute for Continuing Legal Education, 2011, updated 2013
  • Impact of Comparative Negligence Principles on Settlements in Multiple Defendant Cases, IICLE, February 19, 1990
  • Obtaining Medical Evidence, IICLE, September, 1990

Presentations

  • Panelist, "Lending & Litigating: A Look into Chicago’s Commercial Real Estate Market." DePaul University College of Law's Business and Commercial Law Journal Annual Symposium, April 2018
  • Speaker, "Litigation Resulting from Decisions of the County Board," Illinois Association of County Zoning Officials Spring Conference, Utica, Illinois, April 2018
  • Moderator, “Medical Marijuana – One Year Later,” IREM Chicago, Chicago, Illinois, April 2016
  • Speaker, "Medical Marijuana in Property Management," IREM Chicago, Chicago, Illinois, April 2015
  • Speaker, “Complex Asset Recovery: Fraudulent Transfers, Charging Orders & More!” ISBA Commercial Banking, Collections and Bankruptcy Section, Chicago, Illinois, September 17, 2015
  • Speaker, "Post-Judgment Causes of Action - Fraudulent Transfers, Successor Liability and Veil Piercing," IICLE Presentation on Sophisticated Asset Discovery, October 2, 2014
  • Speaker, “Fraudulent Transfers, Piercing Corporate Veils and Using Charging Orders – Digging for Buried Treasure” Illinois Institute for Continuing Legal Education Webinar, March 29, 2011
  • Speaker, "Illinois Collection Agency Act Overview and Update on Recent Trends," Illinois Creditors Bar Association, March 1, 2010

News

Chicago, May 6, 2021
Kincaid, Stephens Successfully Defend Client in Alleged Fraud Claim
The U.S. District Court for the Eastern District of Missouri granted Swanson, Martin & Bell, LLP's client's motion to dismiss based on forum non conveniens enforcing the forum selection clause contained in the underlying contract.

Chicago, Lisle, Libertyville, Madison County, January 11, 2021
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2021
Those designated Leading Lawyers were recommended by their peers to be among the top lawyers in Illinois.

Chicago, Lisle, Libertyville, Madison County, February 3, 2020
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2020
Those designated Leading Lawyers were recommended by their peers to be among the top lawyers in Illinois.

Chicago, January 16, 2019
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2019
Those designated Leading Lawyers were recommend by their peers to be among the top lawyers in Illinois.

Chicago, October 15, 2018
Kincaid Shares With Northwestern Students "What You Can Do With a Law Degree"
Kincaid and fellow speakers Carolyn Quinn, Associate Judge in the Circuit Court of Cook County, and Patrick Keenan-Devlin, Executive Director of the James B. Moran Center for Youth Advocacy, will offer suggestions of work available to law school graduates.

Chicago, April 16, 2018
Kincaid Speaks to Illinois Association of County Zoning Officials
Kincaid spoke at the Illinois Association of County Zoning Officials Spring Conference at Starved Rock State Park in Utica, Illinois.

Chicago, March 22, 2018
Kincaid Speaks at DePaul Business and Commercial Law Journal Symposium
This year's symposium focuses on "Lending & Litigating: A Look into Chicago's Commercial Real Estate Market."

Chicago, Libertyville, Madison County, January 26, 2018
Illinois Super Lawyers Recognizes 35 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP is proud to have 20 Super Lawyers and 14 Rising Stars among its attorneys.

Chicago, August 15, 2017
Chicago Daily Law Bulletin Highlights Appellate Court Ruling in Noncompete Case
According the article, "in a ruling that broke new legal ground Monday, a state appeals panel found that connecting with a former colleague on a social media platform is not enough to violate a noncompete agreement."

Chicago, January 16, 2017
Illinois Super Lawyers Recognizes 38 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 38 of its attorneys have been selected for inclusion in the 2017 Illinois Super Lawyers and Rising Stars lists.

Chicago, August 5, 2016
Swanson, Martin & Bell, LLP Hosts Client Service Seminar With Panel of In-House Counsel and Business Owners
The seminar focused on the “Dos and Don’ts After Being Engaged by In-House Counsel and Business Owners.”

Chicago, April 20, 2016
Skiko, Keating, Kincaid Provide Update on Medical Marijuana in Property Management
As part of a panel moderated by partner Joseph P. Kincaid, Keating and Skiko discussed the implications of medical marijuana on real estate.

Chicago, January 13, 2016
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2015 Illinois Super Lawyers and Rising Stars lists.

Chicago, December 7, 2015
Murray, Kincaid Victorious in Creditors' Rights Matter
The judge repeatedly cited from the equitable remedies chapter of the IICLE handbook, “Creditors’ Rights in Illinois,” written by three Swanson, Martin & Bell, LLP attorneys.

Chicago, September 22, 2015
Kincaid, Murray and Becker Speak at ISBA Commercial Banking CLE
They spoke on both "Fraudulent Transfers, Successor Liability, Alter Ego, and Veil Piercing" and Judgment Enforcement against a Member in an LLC."

Chicago, April 24, 2015
Miller, Kincaid and McCaskey Author DRI Commercial Litigation Article
The article discussed the impact of the FCC's 2014 ruling relating to fax advertising.

Chicago, April 6, 2015
Recent Results Highlight Swanson, Martin & Bell, LLP’s Growing Strength in Commercial Litigation and Intellectual Property
Long known for its depth in tort defense and trial experience, Swanson, Martin & Bell, LLP’s success continues in other litigation areas.

Chicago, April 2, 2015
Medical Marijuana in Property Management Discussed at Kincaid, Skiko, Keating Presentation
The three attorneys will discuss the implications of medical marijuana on real estate.

Chicago, January 12, 2015
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2015 Illinois Super Lawyers and Rising Stars lists.

Chicago, December 12, 2014
Swanson, Martin & Bell, LLP Attorneys Obtain Retroactive FCC Waiver Leading to Dismissal of Class Action Lawsuit
The FCC granted a retroactive waiver regarding laws requiring opt-out notices on fax advertisements. The ruling led to the dismissal of a lawsuit, and a sweeping change to the law.

January 13, 2014
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2014 Illinois Super Lawyers and Rising Stars lists.

January 3, 2013
Illinois Super Lawyers Recognizes 39 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 39 of its attorneys have been selected for inclusion in the 2013 Illinois Super Lawyers and Rising Stars lists.

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