Representative Matters

Board of Trustees of Community College District No. 508, County of Cook, State of Illinois v. PricewaterhouseCoopers L.L.P.

Circuit Court of Cook County, Illinois; Illinois Appellate Court and Illinois Supreme Court.

Won a $13 million jury verdict for the governing board of the City Colleges of Chicago in a malpractice lawsuit against PricewaterhouseCoopers.  Claims against another auditor settled before trial for a confidential amount.  This verdict, the largest reported audit malpractice jury verdict in Illinois, was affirmed by the Illinois Appellate Court and the Illinois Supreme Court.

 

Champ, et al. v. Siegel Trading Co., et al. 

U.S. District Court, Northern District of Illinois and U.S. Court of Appeals, Seventh Circuit.

Represented commodities brokerage firm in class action arbitration claim.  Ruling denying class-wide arbitration under the Federal Arbitration Act was affirmed by the Seventh Circuit and cited by the United States Supreme Court in its seminal 2010 decision on class action arbitration.

 

Citadel Investment Group, LLC v. Teza Technologies, LLC, et al. 

Circuit Court of Cook County, Illinois and Illinois Appellate Court.

Represented hedge fund in preliminary injunction action to enforce non-compete agreement against the former head of its high frequency trading unit and the company he formed to compete with the client.

 

Del Monte Fresh Produce, N.A. v. Kinnavy v. Chiquita Brands International 

Circuit Court of Cook County, Illinois and U.S. District Court, Northern District of Illinois.

Obtained dismissal and summary judgment for former employee of Del Monte and Chiquita Brands of claims alleging trade secret misappropriation, breaches of non-compete and confidentiality agreements, and violations of the Computer Fraud and Abuse Act.  Also obtained significant contested order requiring second employer to advance substantial defense costs.

 

GFX, Inc. v. GFX Dynamics, LLC.

Lake County Circuit Court. 

Successfully defended corporation from $100 million claim alleging breach of fidicuary duty, trade secret misappropriation and wrongful dissolution of LLC formed to exploit digital signage technologies. 

 

Heartland Financial U.S.A. v. Financial Institutions Capital Appreciation Partners I, L.P. et al. 

U.S. District Court, Northern District of Illinois. 

Obtained dismissal, with prejudice, of Rule 10b-5 and Section 20(a) controlling person claims arising out of limited partnership investments.

 

High Temperature Plastic Vent Pipe Litigation

(Engel v. Chevron Corporation; Chandler v. Chevron Chemical Company, et al.; Minshall v. Chevron Chemical Company, et al.; Ontario New Home Warranty Program v. Chevron Chemical Company, et al.; Eljer v. Chevron Chemical Company; Trianco v. Chevron Chemical Company; Goodman Manufacturing v. Chevron Chemical Company, et al.; Peerless Manufacturing v. Chevron Chemical Company; Chevron Chemical Company v. General Electric Company) 

Coordinated the successful defense of nationwide class actions involving high temperature plastic vent pipe Chevron manufactured and distributed.  As Chevron’s supervising North American counsel, represented the company in class actions in Tennessee, Alabama and Georgia; in provincial class actions in Quebec and Ontario, Canada; in related litigation in Illinois, Massachusetts, Pennsylvania and Texas; and before the Consumer Products Safety Commission, where an innovative industry-wide corrective action plan was negotiated and implemented.   Also prosecuted and settled Chevron’s claims for indemnity.

 

In re Burlington Northern & Santa Fe Railway Co. Employee Settlement Agreements Litigation 

U.S. District Court, Western District of Washington and U.S. District Court, District of Minnesota. 

Represented railroad in multidistrict and nationwide class actions alleging RICO, Sherman Act and FELA claims to set aside thousands of noise-induced hearing loss settlements purportedly procured by fraud.

 

In re Duff 

U.S. Court of Appeals, Seventh Circuit and United States Supreme Court.

Represented federal judge in mandamus proceedings before the Seventh Circuit Court of Appeals and the United States Supreme Court.

 

In re Estate of McDonald.

Second District Appellate Court and Illinois Supreme Court.

Obtained reversal of directed finding against widow denied rights and status as surviving spouse of world renowned physician and scientist. 

 

Indeck Energy Services, Inc. v. DePodesta, et al.

Lake County Circuit Court, Second District Appellate Court, and Illinois Supreme Court.

Prosecuted corporate opportunity, breach of fiduciary duty and trade secret claims against former employees, obtaining disgorgement, injunctive relief, and several sanctions orders.  

 

Indeck Energy Services, Inc. v. Merced Partners, L.P, et al.

New York Supreme Court and Appellate Division.

Prosecuted and tried contract claims in New York Supreme Court resulting in a $24.8 million judgment for client, a prevailing party attorneys' fee judgment of more than $4.1 million, and the payment and satisfaction of both judgments for more than $31.9 million after the breach of contract judgment was affirmed. 

 

International Financial Services Corporation v. Didde Corporation, et al. 

U.S. District Court, Northern District of Illinois and U.S. Court of Appeals, Seventh Circuit.

Won seven-figure jury verdict piercing the corporate veil against alter-ego affiliates of bankrupt company.

 

James Forsythe and John Forsythe v. Indeck Energy Services, Inc., et al. 

U.S. District Court, Northern District of Illinois.

Successfully resolved Rule 10b-5 and Section 20(a) claims against officers and directors of Indeck Energy.  Plaintiffs paid defendants’ substantial litigation costs after claims dismissed with prejudice.

 

Illinois Funeral Directors Association Litigation 

Circuit Court of Cook County, Illinois; U. S. District Court, Southern District of Illinois; Circuit Court of St. Clair County, Illinois.

Represented class of Illinois funeral directors in several actions throughout the State to restore trust monies that had been deposited in the IFDA Services, Inc. Tax-Exempt Pre-Need Trust to pay for burial and funeral services for thousands of pre-need contract purchasers. In total more than $59 million was recovered in private litigation and coordination with public entites. In addition to restoring trust amounts, the settlement importantly included class releases for clients of all claims for allegedly investing customer pre-need funds illegally or improperly.

 

Lakeview Collection LLC v. Bank of America 

U. S. District Court, Northern District of Illinois.

Represented developer in action involving failed development and bank’s obligations to developer under various leases.  Case settled for confidential amount the day before jury was to be selected.

 

Lawyers Title Insurance Co. v. Nations Credit

Circuit Court of Lake County, Illinois.

Obtained judgment for insured in trial of insurance coverage action.

 

LimitNone, LLC v. Google, Inc. 

Superior Court of California, Santa Clara County.

Represented software developer in misappropriation of trade secrets case.  Matter settled on a confidential basis shortly after it commenced.

 

Moutry v. Kluever & Platt, LLP 

U.S. District Court, Northern District of Illinois.

Obtained judgment for law firm in trial of Fair Debt Collection Practices Act claim.

 

People v. Grimm 

Circuit Court of Cook County, Illinois.

Obtained verdict of not guilty by reason of insanity when appointed by the Court to represent defendant in murder trial.

 

People v. Vargas 

Circuit Court of Cook County, Illinois.

Obtained directed verdict of acquittal at close of state’s case when appointed by the Court to represent defendant in murder trial.

 

Pro Sapiens, LLC v. Indeck Power Equipment Company

Circuit Court of Cook County, Illinois.

Obtained judgment dismissing plaintiff's claims and a sanctions award of approximately $250,000 in attorneys' fees and costs against the plaintiff and its principal for destruction of and failure to produce key electronic evidence and other discovery violations. 

 

Reiniche, et al. v. Martin, et al. 

U. S. District Court, Northern District of Illinois.

Obtained dismissal of double derivative claims against investors/directors for waste and usurpation of corporate opportunities.

 

Simonson v. Citadel Investment Group, L.L.C., et al. 

Circuit Court of Cook County, Illinois.

Represented hedge funds and their founder against claims brought by founder’s original partner for wrongful dissolution of their first investment partnership.  Claims were withdrawn with prejudice and plaintiff issued a letter of apology that was reported by news organizations, including the New York Times.

 

Tangle, Inc. Copyright litigation.

U.S. District Court, Northern District of Illinois

Obtained order vacating $150,000 judgment for willful infringment and recovered prevailing party attorneys' fees. 

 

Tirapelli v. Advanced Equities, Inc., et al. 

U.S. District Court, Northern District of Illinois.

Obtained dismissal of investor federal claims brought against client and its officers.

 

U.S. Bank, N.A., et al. v. Clark, et al. 

Supreme Court of Illinois.

In a case with industry-wide implications, successfully contended that federal law pre-empted the Illinois Interest Act and prevented the application of that Act’s fines and penalties against mortgage lenders.

 

Vintage Capital Group, LLC v. Ronald Peterson, bankruptcy Trustee of Lancelot Investors Funds, LP

U.S. Bankruptcy Court, Northern District of Illinois.

Brought adversary action to recover funds investment firm had deposited with a fund operator shortly before fund’s ponzi operations were exposed and it sought bankruptcy protection.  Settled claims on eve of trial to allow recovery of client’s deposit in preference to limited partner investment funds.

 

Wall v. Berman Industries 

Circuit Court of Cook County, Illinois.

Represented chief financial officer in claims for stock appreciation rights against former employer.

 

White v. Kenneth Warren & Son, et al. 

U.S. District Court, Northern District of Illinois.

Represented executors of English estate in action against defendant appraisers and violin dealers for conspiracy to defraud the estate out of the fair value of rare violins.  Attracting international attention – and feature articles in the Guardian, Wall Street Journal and Chicago Tribune – the case settled days before trial.

 

Winarski, et al. v. Nannenga, et al. 

U.S. District Court, Northern District of Indiana.

Obtained dismissal of claims against pension plan trustees in class action arising out pension plan investment related to bribery and conviction of co-trustee.

 

Zeller Realty Corp. v. AXA Equitable Life Insurance Co., et al. 

Circuit Court of Cook County, Illinois.

Represented insurance company defendant in breach of contract and fraudulent concealment lawsuit regarding the sale of well-known office building through a two-week jury trial.  When the case settled just before closing argument, the co-defendants – and not the client – paid all settlement funds.