Obtained dismissal of counterclaim for Lanham Act unfair competition on motion to dismiss in the Eastern District of Michigan. Defendant asserted counterclaim alleging Lanham Act unfair competition under a novel theory of trademark misuse where trademark owner enforced trademark rights against alleged infringer by sending cease-and-desist letters to alleged infringer’s retail sellers.
Obtained immediate dismissal of lawsuit in District of Minnesota for lack of personal jurisdiction asserting Lanham Act unfair competition, tortious interference with business relations and contract, unlawful trade practices, and deceptive trade practices.
Obtained several temporary restraining orders against employees of client that breached their restrictive covenants by working for competitors and misappropriating client lists and leads. In each case, the temporary restraining order quickly led to a favorable settlement.
Lead counsel for global logistics provider in several complex, high-stakes litigation matters, both in arbitration and in federal/state courts nationally.
Successfully defended client against claims of defamation after three-day bench trial in the Northern District of Illinois.
Obtained complete defense verdict as lead trial counsel on behalf of international airline company in “me too” sexual harassment case after month-long jury trial. Argueta v. Worldwide Flight Services, Inc., Case No.: BC703825 (Los Angeles Superior Court, April 16, 2020).
Successfully enforced non-compete agreements and obtained preliminary injunctions in multiple cases on behalf of national seafood restaurant chain.
Successfully represented Claimants in construction defect action over a $5M custom home. The defense expert concluded and opined that costs to repair defects totaled approximately $8,000. After a two-week arbitration hearing, obtained award of over $1.2 million in damages in Claimants’ favor.
Continuous representation of various companies, shareholders, or members, in shareholder/member disputes, derivative actions, breach of duty/breach of contract matters.
Acted as counsel for publicly held corporation in special, independent investigation; acted as counsel for special litigation committee of publicly held corporation.
Represented a used car dealer in a challenge against the State of Michigan’s summary suspension and closure of two of the client’s used car dealerships, without notice and without due process. Drafted and filed emergency pleadings and appeared in circuit court, obtaining a temporary restraining order in less than 24 hours after being retained, which precluded the State of Michigan from enforcing the summary suspension order. Subsequently obtained a preliminary injunction on behalf of the client precluding the state from enforcing the summary suspension.
Successful dismissal with prejudice of our client in a putative class action lawsuit in the Eastern District of Michigan, where the client was accused of violating the Telephone Consumer Protection Act.
Obtained summary judgment in favor of temporary staffing client in the U.S. District Court for the Eastern District of Michigan on client’s breach of contract claim for approximately $450,000. Clarity Solution Grp. v. VisionPRO, LLC, No. 18-14088, 2019 BL 273355 (E.D. Mich. July 2019).
Representation of a financial services firm in multiple arbitrations before the Financial Industry Regulatory Authority (FINRA) against former employees, obtaining awards against the employees on loans provided to them by the firm and denial of all counterclaims.
Represented a manufacturer of spinal and cervical fusion components in numerous products liability cases brought in various courts nationwide. The first case, which involved extensive discovery and investigation into the cause of the device failures and securing the necessary defense experts, settled just before trial. After demonstrating that the plaintiff's own pre-surgery health issues, instead of failed medical components, significantly contributed to the patient's failure to achieve fusion, we settled that case for 5% of the plaintiff's original demand. The other cases subsequently settled for less than 3% of each plaintiff's initial demand.
Successfully obtained immediate injunctive relief (TRO and preliminary injunction) to protect clients’ trade secrets and confidential information against employees who violated the terms of their restrictive covenant contracts.
Lead or co-counsel in several property tax disputes in the Michigan Tax Tribunal and appellate courts involving disputes with tax dollars at issue ranging from $10,000 to over $40MM.
Lead or co-counsel in several commercial litigation cases involving commercial transactions and real estate matters.
Represented insurance companies in numerous declaratory judgment actions arising from insurance coverage disputes and environmental contamination claims in Michigan, Ohio, Indiana, and Illinois.
Secured favorable resolutions for publicly listed corporations in several consolidated, nation-wide, unfair labor practice cases in which the NLRB sought to find holding companies to be single and/or joint employers with affiliated entities.
Obtained a judgment in favor of PCT Brands, LLC for approximately $500,000 in a breach of contract action under the Michigan UCC, which was affirmed by the Michigan Court of Appeals. PCT Brands, LLC v. Digital Gadgets, LLC, No. 342481, 2019 WL 2146307 (Mich. Ct. App., May 16, 2019).
Reviewed and counseled a number of manufacturers, distributors, and retailers with respect to setting up appropriate insurance coverage portfolios on a domestic and international basis.
Represented insurers in advising and resolving a number of high-exposure fire and property losses.
Counseled numerous businesses on the merits of Representation and Warranty Insurance for use in mergers and acquisitions.
Represented the state of Michigan's guaranty fund for over twenty years regarding claims against insolvent insurance companies licensed to do business in the State of Michigan.
Over the past several years, served as chief negotiator for successor collective bargaining agreements against the Washington State Nurses Association, the Florida Nurses Association, the Service Employees International Union, the United Steelworkers of America, and the United Mineworkers, resulting in concessions and operational savings in excess of $20MM.
Obtained injunctive relief in the Michigan Court of Claims precluding the State of Michigan from enforcing an arbitrary “drop dead” date, which would have shut down a medical marijuana provisioning center without procedural due process. Subsequently obtained reversal of the Medical Marijuana Board’s decision denying our client’s medical marijuana provisioning license application after an administrative trial, resulting in full state licensure for the client.
Lead national labor arbitration counsel for Fortune 500 commercial fleet management, dedicated transportation, and supply chain solutions company; handling labor arbitrations throughout the country.
Represented a client who was sued for multiple trust-related business torts in litigation in the United States District Court in Chicago and three Illinois counties. Successfully obtained two summary judgments in favor of our client, partial summary judgment to permit our client to withdraw the declination to serve as trustee and to resolve the operative trust agreement, and a final summary judgment on all claims against our client. We further obtained dismissal of all state court claims and obtained summary judgment in favor of the trust.
Represented defendant municipality in a class action lawsuit alleging that the city's water and sewer rates were unreasonable, and that illegal taxes violated the Michigan Constitution. The class alleged it was entitled to recover damages in excess of $10MM. Many other cities chose to settle copy-cat claims for millions of dollars, but we did not. The court granted our Motion for Summary Disposition and dismissed the case in its entirety.
Represented an automotive dealership in an action for the negligence of an off duty employee. We obtained summary judgment on behalf of the dealership from the trial court and the plaintiff appealed. The Nevada Court of Appeals affirmed summary judgment in our favor.
Successfully represented large and small businesses, manufacturers, suppliers, and restaurants in obtaining hundreds of dismissals and closures of EEOC investigations.
Assisted clients with dozens of OSHA investigations, including four recent fatality investigations.
Lead nationwide employment counsel for national manufacturing company with facilities and employees in 15 states.
Lead national employment counsel for Tier I automotive supplier, handling all labor & employment matters.
Successfully defended multiple wage and hour class action matters on behalf of various clients, including international airline company, technology business and international construction company.
Representation of a financial services firm in multiple FINRA arbitrations resulting in awards in favor of the financial services firm.
Lead trial counsel for national financial services firm in ADA lawsuit alleging failure to accommodate and disability discrimination. Multiple deposition admissions eviscerated plaintiff's claims and drove a cost-effective nuisance value settlement, avoiding protracted litigation and attorney fees.
Successfully negotiated a number of settlements of outstanding loan balances on behalf of a financial services firm, resulting in the payment of millions of dollars on the loans.
Successfully advised a financial services firm in connection with the hiring of various financial advisors to avoid litigation over violations of non-solicitation and trade secret provisions.
Provides strategic guidance and general oversight for clients involved in business litigation matters.
Successfully mediated on behalf of a bank and its trust department with respect to all aspects of complex litigation in different forums (probate, guardianship, civil-state, civil-federal, and two interlocutory appeals). The case involved multiple trusts and stocks in closely held companies and complicated questions regarding various tax implications, company valuations, arms-length transactions, and many foundational tenants of trust law. Plaintiffs claimed damages in excess of $54 MM for purported breaches of fiduciary duties, civil conspiracy, fraud, and a host of other allegations.
Successfully defended and resolved hundreds of medical device products liability cases nationwide, through summary judgments, mediations, and informal settlement negotiations.
Represented a trustee in its individual and trustee capacity in federal court trust litigation for issues involving potential conflicts between Illinois and New Mexico law, a demand for an accounting, and declaratory judgment over certain estate planning documents. The case resolved amicably at a federal settlement conference before the Central District Federal Magistrate Judge.
Defended an institutional corporate trust department against a demand for an accounting and a claim for breach of fiduciary duty. After over six years of litigation, not only did the bank pay nothing to Plaintiff, but the bank even secured reimbursement for approximately 50% of its own attorneys’ fees incurred in the defense from the filing party.
Represented the two beneficiaries of a GST Trust and the residuary beneficiary trustee in litigation filed by the successor trustee and another residuary beneficiary over claims for an accounting and with respect to certain fiduciary duties. The matter resolved through a negotiated non-judicial settlement agreement.
Successfully petitioned Ohio Supreme Court for discretionary review of an issue of first impression regarding statutory damages caps as applied to defamation claims and obtained a favorable decision for our hospital client.
Represented a super-regional publicly traded banking institution over a seven-day trial in California where the bank was sued for tort and contractual damages stemming from a failed commercial lending facility. Obtained a verdict in favor of lender.
Successfully represented defendant marijuana dispensary in a one-month trial in an action brought by various unsuccessful license applicants against the State of Nevada and various successful applicants. The plaintiffs’ claims alleged an inadequate process and misconduct by applicants. Prevailed on all claims and allegations and received award of costs.
Represented a coatings manufacturing company in defense of an Illinois EPA lawsuit seeking $500,000 in civil penalties for an alleged failure to obtain a Title V Clean Air Act permit, resolving the litigation via consent order in state court for $75,000.
Obtained a verdict in favor of a banking client after a four-day trial in Alameda County, California, defeating the claim of the borrower who asserted that the bank's mortgage was invalid.
Represented an air cargo handler and defeated a union grievance that alleged a violation of the Collective Bargaining Agreement. Successfully avoided approximately $8MM in annual wage impact.
Wheeler Financial, Inc. v. Law Bulletin Publishing Co.; appeal from the Circuit Court of Cook County, Illinois, Trial Court No. 14 L 9581, Appellate Court No. 1-17-1495; 2018 IL App (1st).
Successfully represented a national employer in an arbitration involving a labor union that claimed our client's annual liability was near $8MM. The union alleged the company violated the parties' labor agreement by not increasing all of its wage scales in amounts equivalent to the legally mandated minimum wage increases. The case was complicated by bargaining history, distant and unavailable witnesses, and ambiguous contract language. The arbitrator ruled in favor of our client and denied the class action grievance.
Represented numerous businesses or individuals seeking enforcement of contractual or other rights, including a $1MM+ jury verdict for an unpaid architect in California, a $2MM+ jury verdict for an unpaid contractor in Nevada, defense of an improper $300,000 commission claim in a Nevada arbitration, and defense of an improper eviction attempt in a Colorado jury trial.
Represented an air cargo handler and defeated a potential FLSA class action on behalf of a putative class of 3,000 based on the Railway Labor Act exemption.
Represented an air cargo handler in supervising and formulating a strategy in defense of multiple wage & hour class actions filed in California. Successfully resolved claims of more than $75MM for less than $5MM.
Represented a large real estate investment firm being sued in Colorado for misrepresentation and breach of contract stemming from a multimillion-dollar project. After a two-week trial, we obtained a defense verdict.
Successfully represented a city and obtained summary dismissal of a class action lawsuit seeking $8MM based upon alleged improper water and sewer fees.
Represented a chemical company being sued by its former CEO for severance and alleged deferred compensation totaling nearly $1MM. Following a trial over several days in private arbitration, the chemical company obtained a defense verdict on nearly all claims, only paying pennies on the dollar.
Represented defendant entity and its individual owners in litigation alleging that the defendants converted property and breached fiduciary duties to the plaintiff, in connection with the plaintiff's purchase of assets of the parties' former company from a court appointed receiver. The court granted our motion to dismiss the case in its entirety on res judicata and estoppel grounds.
Successfully defended Tier I and II companies in commercial disputes, preliminary injunctions, and product warranty recall matters.
Successfully represented a Tier I automotive supplier in a complicated contract interpretation arbitration. The issue litigated went to the heart of our client’s ability to manage its business under the union labor agreement. The union argued the company must first obtain the union’s agreement before changing work schedules. Without the flexibility to adjust schedules, our client risked either shutting down the customer’s assembly line or incurring millions in overtime costs to meet customer production demands. The arbitrator found in favor of our client, affirming management's right to unilaterally change the work schedule for the purpose of efficiently operating its production schedule.
Counsel to national refrigerant manufacturing company in defending a U.S. EPA federal court lawsuit under the Clean Air Act SNAP program, negotiating a favorable consent decree and further prevailing on a subsequent claim by the DOJ for $300,000 in stipulated penalties for alleged violation of the consent decree, with no penalty assessed.
Representation of major private equity funds in disputes relating to private equity transactions.
Special counsel to the board of a medical device company with products for tissue regeneration.
Represented a former state court judge in litigation involving claims of breach of fiduciary duty and negligence. We obtained dismissal of all claims.
Obtained summary judgment in favor of international gaming company in age discrimination case. Kocienski v. NRT Technologies, Inc., Case No. 2:16–CV–00905–JCM–CWH (U.S.D.C. Nev. March 15, 2018).
Represented a hookah lounge in administrative hearing after Southern Nevada Health District revoked its permits and attempted to permanently close the establishment. We obtained reinstatement of the health permits.
Represented a chemical company being sued by its former CEO for a large severance package and deferred compensation. After a one-week trial, we obtained a defense verdict.
Represented a credit union where the Nevada Supreme Court ruled as a matter of first impression, and in our client’s favor, that individual class members are not permitted to aggregate their claims to satisfy the minimum jurisdictional limits of Nevada's district courts.
Successfully enforced trade secrets contractual provision and obtained preliminary injunction on behalf of national seafood restaurant chain.
Representation of a medical practice regarding employment related issues, including the hiring and termination of employees and independent contractors.
Successfully defended a hospital/employer in the Seventh Circuit Court of Appeals where the Court affirmed a summary judgment decision in favor of our client where a former employee claimed discrimination and retaliation under Title VII and Illinois law, and failure to accommodate under the Americans with Disabilities Act.
Represented numerous automotive dealerships in unrelated breach of contract and breach of warranty actions. The cases were tried in private arbitration and resulted in defense verdicts.
Represented numerous plaintiffs in medical malpractice actions. The state cap on non-economic damages, which was established to limit the exposure of medical professionals, was averted by proving ordinary negligence, resulting in settlements greatly exceeding the statutory $350,000 cap.
Represented restaurant franchisor in dispute with terminated consultants. Successfully identified anonymous internet speaker who allegedly sent defamatory emails to franchisees.
Represented restaurant franchisor in disputes with franchisees alleging fraudulent inducement of franchise agreements. Successfully litigated and mediated resolutions of disputes.
Represented healthcare franchisor in mediation over terms of franchise agreement.
Represented publicly held cannabis company against a lawsuit brought by its former chief executive officer alleging trade secret misappropriation and usurpation of corporate opportunities. Successfully defended the company against a motion for preliminary injunction.
Represented a newspaper over a seven-day jury trial in multimillion-dollar commercial dispute. We obtained a complete verdict in favor of our client, the newspaper. Our representation continued for the client through appeal.
Represented a withdrawing member of an LLC in a one-week jury trial in the United States District Court in Chicago. We successfully obtained a verdict in favor of our client, without retaining an expert to oppose the testimony of the defendant's expert.
Represented a local bank against charges of pregnancy discrimination under Title VII. The case resolved amicably at a pre-discovery federal settlement conference with the Central District Federal Magistrate Judge.
After the U.S. Department of Justice and Internal Revenue Service served subpoenas and seized computers and documents from a Fortune 100 company, we were retained to represent one of the corporate officers who was concerned that he may be a target of an investigation. No charges were ever filed against the officer.
Represented a Tax Increment Finance Authority entity ("TIFA") where we obtained a $7.5MM settlement in a complex litigation matter were TIFA alleged that 25 years of payments made pursuant to a signed agreement should be returned as they were made without authority under the alleged contract.
Represented plaintiff sales representative in action for unpaid sales commissions owed by the defendant automotive supplier, resulting in a multimillion-dollar settlement in favor of our client.
Obtained summary judgment in favor of cargo handling client in breach of contract case for approximately $250,000. Cargo Airport Servs. USA, LLC v. Transcaraga Int’l Airways, C.A., Inc., No. 17-20768-CV-MORENO (S.D. Fla. Oct. 27, 2017).
Obtained an American Arbitration Association award, which included full attorney's fees, in San Francisco against an investment banking firm that refused to refund deposits made by client.
Represented a member of a financial services company in a tort action. We obtained transfer of the action based upon a forum selection clause. Morse v. Ten X Holdings, LLC, 2017 WL 4079264 (D. Nev. Sept. 13, 2017).
Represented the developer of the historic Cal Neva Lodge in Lake Tahoe (formerly owned by Frank Sinatra) in breach of contract and fraud action brought by an investor, claiming the developer misrepresented the financial status of the project. After a two-week trial, we obtained a complete defense verdict and an award of over $5MM against the investor for interfering with a commercial loan that would have allowed the project to be completed.
Obtained dismissal for failure to state a claim and later summary judgment for an automotive supplier client accused by a former independent contractor of unlawfully terminating his independent contractor agreement. Al-Kahwati Engineering, Inc. v. AGC Flat Glass North America, Inc., No. 2:16-CV-10759, 2016 WL 9403759 (E.D. Mich. July 26, 2016); Al-Kahwati Engineering, Inc. v. AGC Flat Glass North America, Inc., No. 2:16-CV-10759, 2017 WL 4005912 (E.D. Mich. Sept. 12, 2017).
Successfully represented a hospital in defending a claim of discrimination in Illinois Human Rights Commission resulting in no findings against the firm's client.
Successfully defended an electric component designer and manufacturer against the plaintiff's request for enhanced damages and attorney's fees on remand from the Supreme Court of the United States, resulting in district court's denial of enhanced damages and attorney's fees in favor of our client. Halo Electronics, Inc. v. Pulse Electronics, Inc., 281 F. Supp. 3d 1087 (D. Nev. 2017).
Represented a property owner in a matter involving an illegal use of adjoining property that severely diminished the value of our client's property. Prior to our involvement, litigation had been ongoing for over two years. Once retained, we successfully resolved the controversy through alternative dispute resolution and negotiated payment of a substantial portion of our client's legal fees.
Obtained early dismissal of all claims against a hospital by a physician in a complex contract dispute. The dismissal was affirmed by the Seventh Circuit Court of Appeals after briefing and oral argument.
Obtained a summary judgment for claims against police officers and municipality alleging excessive force and constitutional violations. Hemphill v. City of Taylor, No. 14-14958, 2017 WL 9471690 (E.D. Mich. May 9, 2017); Hemphill v. City of Taylor, No. 14-14958, 2017 WL 3613969 (E.D. Mich. Aug. 23, 2017).
Represented a financial services firm in multiple arbitrations before the Financial Industry Regulatory Authority (FINRA) against former employees, successfully obtaining awards on loans provided to the employees by the firm.
Defended a food processing company in an arbitration proceeding involving several real estate issues between adjoining land owners. Obtained a defense arbitration award of zero dollars in the client's favor when the claimant sought over $1.3MM, and obtained a full award of damages on our client's counterclaim.
Lead trial counsel and outside corporate legal advisor for a not-for-profit company, which operates worldwide in the area of product certification and standards writing.
Represented a multi-national environmental engineering firm in a product liability lawsuit claiming in excess of $25MM based on an allegation of defective testing of a deer hunting tree stand. After removal to federal court and remand to state court, and over two years of discovery, our client was the only defendant to win summary judgment dismissal, with no appeal by plaintiff.
Represented a commercial property owner defendant in litigation involving allegations of breach of a restrictive covenant. The plaintiff was represented by one of the most respected trial attorneys in Nevada. We obtained a favorable settlement following an evidentiary hearing where plaintiff's request for preliminary injunction was denied.
Obtained dismissal of a breach of contract action against a human resources software company in the Eastern District of Pennsylvania. The Plaintiff claimed breach of a settlement agreement through a clumsy attempt at a poison-pill clause. We carefully and clearly argued the plain language of the agreement could not support Plaintiff's theory. The Court agreed and dismissed the action. The Third Circuit Court of Appeals summarily affirmed the District Court.
Represented a food manufacturer and significantly reduced the size of alleged class in wage & hour matter. Federal court denied conditional certification of the employee class sought by the plaintiff and conditionally certified only half of the requested class.
Represented contractors in all aspects of construction disputes including successfully defending contractor's mechanics lien rights and obtaining favorable settlements of lien claims.
Represented a publicly traded energy company in Illinois federal courts. Our client recovered in excess of $3MM including attorney's fees after a motion for summary judgment and appellate review.
Represented financial institution in contested evidentiary hearing regarding valuation of real estate in a Chapter 13 bankruptcy case. Obtained a ruling in favor of the client as to valuation of the real estate, resulting in denial of confirmation of borrower's Chapter 13 plan and dismissal of the Chapter 13 bankruptcy case.
Lead counsel for a renewable energy company in litigation that defeated the foreclosure of a construction lien by the wind project's general contractor.
Represented sub-contractor in an appeal where the homeowners challenged sub-contractor's notice to homeowner under the Illinois Mechanics Lien Act. Successfully obtained a ruling from the appellate court finding that client's 90-day notice also complied with 60-day notice requirement under the Illinois Mechanics Lien Act.
Represented a lending institution in a Qui Tam Whistleblower Action and obtained a Rule 12(b) dismissal of a Qui Tam action against seventeen banks sued in a federal district court in the Northern District of Texas. Over 60 attorneys appeared in the case and all defendants entered into a Joint Defense Agreement. Our representing attorney was one of five attorneys selected to speak at the full-day dismissal hearing. The matter was dismissed with prejudice in its entirety.
Successfully defended large mobile gaming company in action claiming over $14MM in damages for alleged breach of written contract, unjust enrichment, breach of good faith covenant, and interference arising from a written contract with the plaintiff for procurement of a data center location. After a three-day arbitration hearing, obtained a complete defense award as well as an award of over $450,000 in attorneys’ fees and costs.
Co-counsel in representing an industrial products manufacturer in a multi-week, wrongful death trial in Nevada. We obtained a complete defense verdict on all claims against our client.
Lead attorney and successful in a case of first impression in the Michigan Court of Appeals that involved a challenge to the Michigan Treasury's long-standing interpretation of a statute requiring the Treasury to exercise discretion in waiving penalties and interest when a written request to rescind a Personal Residence Exemption is made, but not acted upon by the local assessor. Denton v. Dep't. of Treasury, 317 Mich. App. 303, 894 N.W.2d 694 (2016).
Obtained a verdict in favor of a publisher after a seven-day trial in Cook County, Illinois involving breach of contract claims. The verdict was upheld by the Illinois Appellate Court in a published decision.
Successfully defended a financial services firm and an investment adviser representative against a multi-million dollar arbitration claim filed by former customers relating to losses suffered by the customers in the stock market downturn at the height of the COVID-19 pandemic.
Represented a financial services firm in an arbitration against two former employees, obtaining an award of $4.6MM against the employees on loans provided to them by the firm and complete denial of their counterclaims.
Represented a business and real estate purchaser in an action seeking specific performance. While summary judgment for specific performance is rarely granted, we obtained such relief on behalf of our client and successfully defended the judgment on appeal.
Successfully resolved a breach of contract and fraud case brought by an Illinois municipality against our client, a nationally known manufacturer. The municipality asserted that the client's successful property tax protests had violated a redevelopment agreement the parties had entered into in connection with the municipality's creation of a Tax Increment Financing District encompassing the client's manufacturing facility.
Successfully defended a number of insurers in cases involving embezzlements in excess of a million dollars through fraudulent check writing, invoice padding, the issuance of false invoices, and computer fraud.
Obtained early dismissal of a claim against an individual hospital executive by a physician for tortious interference in prospective economic advantage.
Represented a tutoring franchisor in litigation against a franchisee that continued using the franchisor's trade secrets, marks, and trade dress following termination of the franchise agreement. We prevailed against the franchisee's efforts to have the claims dismissed and removing the case to federal court, and obtained an injunction enjoining franchisee's wrongful conduct following an evidentiary hearing.
Represented a commercial property owner in a mechanic's lien action. We obtained expungement of the mechanic's lien, and on appeal, we obtained a ruling that Nevada law requires an award of legal fees to an owner when a mechanic's lien is expunged. One Trop LLC v. Verma, 2016 WL 3896347 (Nev. App. July 13, 2016).
Represented a manufacturer in a four-day grievance arbitration over the termination of a long-term employee and union president for theft. The case involved extensive use of surveillance footage and electronic package tracking data. We obtained an award in favor of the company and upholding of the termination.
Represented a large municipality in difficult collective bargaining negotiations where we obtained a long-term agreement with multiple unions securing significant employee contributions and future relief from health care and pension obligations.
Represented a hedge fund in an action against a borrower. After an evidentiary hearing, we obtained a ruling allowing our client to pursue a UCC foreclosure sale, and denying the borrower's request for a preliminary injunction enjoining the sale. First 100, LLC v. Omni Fin., LLC, 2016 WL 2980673 (D. Nev. May 23, 2016).
As a certified mediator, our representing attorney successfully resolved a number of claims and lawsuits in this form of alternate dispute resolution.
Represented a gaming manufacturer in defense of intellectual property and contract claims. We obtained summary judgment in favor of our client on all claims.
Represented a physical therapist in a tort action. We obtained dismissal of all claims, which was upheld on appeal, and on cross-appeal, we obtained a ruling that our client was entitled to an award of attorneys' fees due to the frivolous nature of the plaintiff's claims. Loo v. Deets, 2016 WL 1567037 (Nev. Apr. 15, 2016).
Successfully represented a local member agricultural cooperative in a corporate governance/membership dispute with a large regional agricultural supply cooperative operating in more than 40 states and Ontario, Canada.
Through numerous appellate litigation matters, we successfully argued and assisted in defining online defamation law in Michigan. Thomas M. Cooley Law Sch. v. Doe, 833 N.W.2d 331 (Mich. Ct. App. 2013) (amicus), Ghanam v. Does, 845 N.W.2d 128 (Mich. Ct. App. 2014), and Sarkar v. Doe, 897 N.W.2d 207 (Mich. Ct. App. 2016).
Within a 12-month period, secured disclaimers of interest for a national retailer in New York City against the Retail, Wholesale and Department Store Union, and for a public sector hospital in San Diego against the United Food & Commercial Workers. A disclaimer of interest is a rare occurrence; a union voluntarily decides it no longer wants to represent the employees that elected it.
Recovered the full amount of a bank client's nearly $2MM embezzlement loss from the client's fidelity bond insurer. The loss was sustained as a result of an employee who embezzled over a 17-year period. We obtained a full recovery, notwithstanding the insurer's arguments that our client's alleged negligence was a cause of the loss.
Successfully represented a bank that sustained a major fraud loss of several million dollars as a result of a complicated Ponzi scheme. Despite repeated denials of coverage by the client's insurance carrier, we were able to obtain full reimbursement of our client's loss.
Obtained court order enforcing binding arbitration agreement for all employee disputes on behalf of international airline company.
Successfully foreclosed on a $20MM housing development of a multi-building apartment complex for a New York-based lender, preserving deficiency and obtaining full recovery of legal fees.
Represented an automotive supplier and defeated the efforts of an upstream supplier who sought an emergency TRO to allocate supply from our capacity-constrained client. Subsequently defeated emergency interlocutory appeal to Sixth Circuit Court of Appeals.
Represented Las Vegas resort hotel/casino and corporate parent in defense of breach of contract action related to purchase of hotel room keys. Obtained dismissal for lack of personal jurisdiction.
Represented bar owner in defense of shareholders’ derivative and direct claims for fraud in connection with the sale of his membership interests in the bar. Successfully obtained dismissal of the action.
Representation of a Fortune 100 public company in litigation relating to M&A transactions.
Successfully represented a financial institution and obtained dismissal with prejudice and award of attorneys' fees against customer who alleged negligence and fraud by allowing a rogue employee to cash checks and convert over $1MM of the customer's funds.
BMO Harris Bank N.A. v. IKE Services LLC, Eric Isaacson, Kimberly Isaacson, 11 CH 5140, Bankruptcy Case No. 13-20227; Appellate Court No. 3-13-0908.
Successfully represented a bank in the appeal of a bankruptcy court decision, which denied motion to dismiss the bankruptcy based on debtors' failure to adjust their lifestyle before filing bankruptcy.
Represented a title insurance company in an action alleging that it failed to identify a utility easement for a gas main. The plaintiff/insured, which had purchased the property for the purpose of developing a high-end, residential subdivision, sought damages in excess of $500,000. The trial court awarded less than $5,000 in damages, which was affirmed on appeal by the Illinois Appellate Court.
Obtained a jury trial victory for a Tier I automotive supplier that was sued by a vendor hired to design, integrate, and launch a robotic welding line. We counter-sued on behalf of our client. After a five-week jury trial, our client avoided a $15MM damage claim and was awarded a net jury verdict of $2MM.
Strategized and implemented a successful shareholder initiative to remove and replace the board of a large private company, which was affirmed by the Delaware Chancery Court.
Defended a private utility company before the Michigan Court of Appeals and Michigan Supreme Court in a high stakes tax valuation dispute, obtaining favorable decisions from the appellate courts.
Represented a renewable energy company and recovered $2.2 MM in a lawsuit when faulty electrical work resulted in a fire that destroyed a commercial-scale wind turbine in Mexico.
Represented a construction manager in the defense of a public funds lien claim relating to a municipal emergency call center. Following a 28-day trial over a 14-month period, we successfully obtained a defense judgment for our client and also a judgment in our clients favor on our counterclaim.
Successfully represented a hospital and defeated class certification in a wage & hour case. The Federal Court denied class certification following significant discovery, multiple depositions, and extensive briefing.
Successfully defended two companies in an action filed by landlord to terminate a commercial lease and purchase option agreement. After filing counterclaims and engaging in strategic discovery and depositions that exposed the landlord and its principal to liability for punitive damages, successfully negotiated settlement for client to purchase property at below fair market value with landlord paying nearly $200,000 of clients' attorneys' fees and costs.
Successfully defended Las Vegas casino in racial discrimination lawsuit. Zhang v. Wynn Las Vegas, Case No. 2:14-cv-00761-JCM-PAL (U.S.D.C. Nev. 2015).
Following a one-week jury trial, we obtained a favorable settlement for our client during jury deliberations on a claim involving common law investor fraud.
Lead trial counsel in a Title VII action where the jury found our corporate client not culpable of sexual harassment.
Defended an FLSA collective action against a regional bank, alleging misclassification of mortgage loan underwriters.
Successfully represented a bank client and obtained a judgment against a law firm for conversion of the bank's collateral. The law firm's client (an advertising business) and the bank executed loans and security agreements that granted the bank a secured interest in various collateral in the event of default. At the time, the third-party checks payable to the advertising business were deposited in the law firm's IOLTA account, the bank's security interest had attached, due to cessation of business operations. The trial court held, and it was affirmed on appeal, that the law firm could not establish as a matter of law that it was a holder in due course of the checks, and therefore, the law firm was liable to the bank for conversion.
Obtained judgment after trial against individual defendant and five related companies for alter-ego liability, fraudulent transfer, declaratory relief, permanent injunction, and judgment liability for over $22MM. Successfully defended judgment on appeal.
BMO Harris Bank N.A. v. William R. Kautz, et al., 13 CH 2101, Appellate Court No. 2-14-0399; 2014 IL App (2d) 140399.
Defended a regional bank in an ERISA company stock drop class action, alleging that its stock was an imprudent 401(k) Plan investment during a certain time period.
Represented a construction manager and obtained dismissal of a multimillion-dollar construction defect action based on a third-party plaintiff's failure to comply with applicable statutory requirements.
Assisted in successfully defending a global medical supply company against allegations of ERISA violations stemming from the investment of that company’s profit-sharing plan in employer securities.
Obtained money judgment as lead trial counsel on behalf of software company against international travel business for breach of contract and fraud.
Represented a trust beneficiary in the disputed removal and replacement of a trustee over a trust valued in excess of $30MM.
Obtained reversal of a premature dismissal of a multimillion-dollar silent fraud claim in Sixth Circuit U.S. Court of Appeals.
Represented internet marketing company in an action to enforce its trade secret claims against its former chief technology officer and competitor. Successfully obtained an emergency temporary restraining order and preliminary injunction.
Obtained a summary judgment and a six-figure attorney's fee award in an action brought in Indiana by an automotive dealer-subtenant and the dealer-controlled landlord seeking to terminate our client's position as lessee/sub-lessor.
Represented a business broker who was denied his commission despite his role in effectuating the sale of a multimillion-dollar waste hauling business. After a hotly contested proceeding, we successfully negotiated a very favorable resolution for our client.
Represented a glaucoma valve manufacturer in a suit brought on behalf of an eight-year-old plaintiff due to an allegedly defective valve. Plaintiff sought $1.5MM in damages. After extensive discovery and refuting the claims and numerous proposed experts through depositions, we were able to resolve the case before the summary judgment phase for nuisance value.
Represented a gaming resort in an action against a nightclub that featured a number of provocative drug- and sex-themed adult entertainment vignettes. We obtained an injunction enjoining conduct of the nightclub. We developed case strategy with the client, drafted all pleadings and motions, managed all discovery, including overseeing a four-attorney document review team, and second chaired a nine-day evidentiary hearing where responsibilities included questioning over half of the witnesses.
Obtained a favorable, published decision from the United States Federal Circuit Court of Appeals defining an important jurisdictional issue that ultimately led to a reversal of summary judgment in the Third Circuit U.S. Court of Appeals.
Represented an investor before a three-member American Arbitration Association panel in New York City. Our client was awarded over $2.7MM, which included a finding of fraud by the brokerage company regarding investments in businesses prior to an Initial Public Offering.
Represented a manufacturer and supplier of conveyor systems, principally for use in the automotive industry. Our client’s former sales representative filed suit alleging millions of dollars of commissions, plus seeking doubling of damages, attorneys’ fees, and costs under the Michigan Sales Representative statute. After weeks of arbitration hearings, our client was awarded a full defense verdict of no liability, as well as being awarded its own attorneys’ fees and costs. The former sales representative challenged the award in court, but lost both in the lower court and in the appellate court.
Represented a large natural-gas-fired combined-cycle electric generating plant in a multimillion-dollar property tax appeal concerning the complex subject matter of power plant valuation. After extensive discovery and a full trial (affirmed on appeal), we obtained a judgment for our client resulting in the lowering of the property assessment by over $200MM. In addition to a multimillion-dollar tax refund to our client, the judgment resulted in millions of dollars in tax savings not only in the tax years under appeal, but also in subsequent years.
BMO Harris Bank, N. A. v. Victor Garcia; Lupe’s Body Shop, Inc., 10 CH 35697, Appellate Court Case No. 1-12-0403; 2013 IL App (1st) 120403-U.
Represented a plaintiff in a civil rights case resulting in a $1.15MM judgment for our client following a nine-day jury trial.
Successfully represented partners in a two-day American Arbitration Association hearing that effectively dismissed the million-dollar claims of the former 50% owner's son and terminated the son's management of the business in favor of his partners.
Successfully represented a company that divested from its Fortune 100 parent by negotiating settlement agreements that resulted in the elimination of nearly $850MM in trade debt.
Represented a large commercial retail operation in an easement dispute between property owners in a large mall development. Our representation included argument before the Michigan Court of Appeals, who reversed the trial court's summary disposition ruling against our client, and instead, entered a summary disposition order in our client's favor.
Counseled an extended care facility in successive representation elections against the Laborers Union of North American and the UAW.
Represented a large municipality in an arbitration over a grievance that sought to increase retiree pension benefits by several million dollars annually. We obtained an award in favor of the municipality denying the claim for increased benefits.
Following a one-week bench trial, we successfully obtained a judgment in favor of our client in a case brought by a law firm, which claimed fees and damages related to its representation in a case involving the loss of a jet aircraft.
Successful defense of Micron against antitrust and related claims, alleging participation in the price fixing of DRAM memory and a boycott of competing DRAM memory technologies. We obtained a defense jury verdict after a four-month trial.
Successfully appealed judgment against our client, an automotive dealership, for consumer fraud, deceptive trade practices, permanent mandatory injunction, and attorneys' fees and costs. The Nevada Supreme Court reversed the lower court and directed entry of summary judgment in favor of our client/dealership on all claims in a unanimous en banc decision.
Represented the owner of large apartment complex against a large national brokerage corporation involving allegations of fraud and double escrow. After a week-long trial, our client was awarded over $3.5MM.
Successfully represented a school administrator in breach of contract trial resulting in an award of $670,000 to the administrator.
Obtained dismissal of counterclaims against individual executives of corporate client based on the fiduciary shield doctrine.
Represented a property owner in an action involving damage caused by encroaching tree roots. We obtained an injunction requiring our client's neighbor to remove two trees due to encroaching tree roots following a two-day evidentiary hearing, and then obtained summary judgment resulting in a finding of alter ego, and judgments of $30,000 in compensatory damages, $80,000 in attorneys' fees and $100,000 in punitive damages, all of which were upheld on appeal. Prestige of Beverly Hills, Inc. v. Weber, 2012 WL 991696 (Nev. Mar. 21, 2012) (affirming judgment).
Obtained a preliminary injunction in aid of the execution of a judgment. Successfully defended the injunction on appeal.
Successfully defended the non-filing spouse of a business owner who was sued for the recovery of approximately $1.8MM in assets under equitable theories and state and federal fraudulent transfer law involving property she owned pursuant to long-standing estate plan. The matter settled for 10% of the face amount of the claims.
Represented a charitable beneficiary of a multimillion-dollar trust in an action to ensure the appropriate distribution of proceeds where the testator had created a significant ambiguity in the trust.
Represented the Federal Deposit Insurance Corporation in dozens of matters during the height of the economic downturn. We obtained the dismissal of numerous suits based on FIRREA and other federal banking regulations.
Represented plaintiff, a minority shareholder, in action involving stock buy-out and derivative claims for mismanagement and excessive compensation. Obtained judgment in plaintiff's favor in excess of $4.2MM after nine-day trial. Successfully defended judgment on appeal, collecting over $5MM with interest.
Served as trial counsel in a breach of contract construction-related dispute, which resulted in a $500,000 judgment for our client following a five-day bench trial.
Successfully represented a digital marketing company in an action to stop a former employee from using proprietary information in a competitive business. The case was successfully mediated in front of a federal magistrate, resulting in the recovery of stolen information and a restrictive covenant that did not exist prior to the litigation.
Defended attorney and his law firm in a suit by the Federal Trade Commission regarding a billion dollar pay-day lending operation. Negotiated complete dismissal of all claims with no liability for monetary or injunctive relief.
Counseled largest Caterpillar subcontractor to victory in successive NLRB conducted representation elections against the United Automotive Workers.
Represented the beneficiary of a life insurance policy where our client was awarded summary judgment in excess of $9MM, including defeating each attempt by the insurance company to void the insurance policy for inter alia, alleged fraud, misrepresentation, lack of an insurable interest, and failure to provide all documents required to make a claim under the policy. The judgment included statutory penalty interest at 12% and the court rejected the insurance company's efforts to avoid penalty interest.
Represented a large organic certifier in a series of class action lawsuits alleging liability for certain certification decisions regarding organic dairy operations. In complex briefing about the intricacies of federal organic regulations as well as federal preemption concepts, we won a complete dismissal of all claims against our organic certifier client. The dismissal was affirmed on appeal by the United States Circuit Court for the Eight Circuit. That case established a precedent on preemption in the organic industry that remains cited in federal district and circuit courts around the country.
Favorably negotiated a settlement resulting in a Consent Foreclosure Judgment on behalf of a lender.
Defended three pro bono clients against criminal felony charges and obtained a dismissal order.
Successfully assisted a group of approximately 35 investors in recovery of money invested in a nightclub. The LLC manager had commingled the investment with funds from a separate hedge fund to sustain the club. We coordinated return of monies with oversight from the Commodity Futures Trading Commission following litigation in federal and state court.
Successfully represented a company and obtained a jury verdict of over $1.3MM, plus case evaluation sanctions after a four-day trial. We alleged that the company asked its insurance agent to provide insurance in the amount necessary to be able to rebuild its building and replace its inventory in the event of a total loss. The jury verdict represented the amount over and above the amount of the insurance that was actually provided. Our representation also included argument before the Michigan Court of Appeals, where the jury verdict was upheld.
Successfully obtained emergency relief in the form of a temporary restraining order against a defendant to prevent it from drawing down on a $7MM letter of credit.
Lead trial counsel for a Fortune 50 retailer client that selected the firm as a litigation "go-to law firm", including successful defenses of several multimillion-dollar lawsuits brought against this retailer, and lead counsel in several commercial plaintiff cases for same client.
Lead trial counsel for a popular dietary supplement manufacturer in numerous high stakes contract, business tort, trade secret, and trademark litigation matters nationally.
Represented an investor where we obtained a settlement of over $1.1MM from a broker and security company involving a complex tax investment.
Achieved dismissal on behalf of a financial institution against a borrower's slander of title and negligence causes of action.
Obtained a voluntary dismissal of claims against the world's largest supplier of filters and filtration products.
Within 24 hours of being retained, we obtained a temporary restraining order that froze all assets of an in-house attorney who allegedly embezzled over $1MM from our client.
Represented a financial advisor in an action to ensure payment of earned fees in which we successfully obtained emergency injunctive relief, preventing the $100MM sale of an automotive supplier.
Represented the trustees assigned to negotiate, litigate, and resolve a billion-dollar claim pool in the bankruptcy and liquidation of a Tier I automotive supplier.
Lead attorney and victorious in a case of first impression in the Michigan Court of Appeals that involved a fake title company, alleged bogus loans, and fraud against an institutional lender where the issue was whether a thief can fraudulently convey stolen money. The court found that he/she cannot. Alliance Bancorp. v. Select Mortgage, et. al., COA Case No. 274853 (2008) (unpublished).
Counseled clients concerning withdrawal of recognition of LIUNA, UA, and the United Brotherhood of Carpenters and Joiners of America.
Counseled the largest non-union government employer in the State of Illinois that defeated a "card-check" organizing campaign against AFSCME.
After defeating summary dismissal attempts, we successfully obtained a settlement on behalf of a minority partner whereby the majority partner forfeited 40% of his interest in a real estate partnership in favor of our client, who then became the majority partner of the partnership with real estate holdings valued in excess of $8MM at the time of the settlement.
Successfully represented the real estate subsidiary of a nationally recognized automotive manufacturer in an action brought by a dealer-tenant in state court in Hawaii, claiming that our client had tortiously interfered with the plaintiff's attempt to assign a lease.
Successfully obtained a jury verdict on behalf of an equipment company after a four-day trial of over $997,000, including interest for fire loss damages that were denied by the insurance company. The verdict was obtained after successfully negotiating payment of over $1.5MM for items that the insurance company eventually agreed to pay and after winning summary judgment regarding an additional $230,000 that the insurance company refused to pay. Representation included argument before the Michigan Court of Appeals where the jury verdict was upheld.
Represented more than 400 school districts in a trial over $50MM in annual unreimbursed costs that were incurred to comply with state mandates. The judge ruled in favor of the school districts, saving each of them hundreds of thousands of dollars annually.
Represented a retailer in a breach of contract case against a seller of counterfeit major league baseball jerseys. Obtained a favorable jury verdict after trial.
Representation of trustee of a European dairy conglomerate in actions against major lenders and accounting firms, relating to fraud and illicit financing transactions that preceded its financial collapse, often referred to as the Enron of Europe.
Represented land owners/developers and obtained a settlement in excess of $4.5MM in a dispute with a lender. We successfully took over representation of the client following dismissal of the matter for failure to state a claim in its second amended complaint, which was filed by another law firm. We filed a compelling third amended complaint that prompted the lender to settle.
Successfully defeated a multimillion-dollar sales representative claim.
Lead trial counsel for radiant burner manufacturer as plaintiff in a breach of contract case, resulting in an award of substantial damages that was affirmed on appeal by the Sixth Circuit.
Defended a leading commercial mortgage lender and services provider against an attack by a major competitor who alleged improper servicing of commercial loan portfolios.
Served as neutral arbitrator and arbitration panel chair in complex intellectual property and business litigation matters.
Represented regional accounting firm in defense of accounting malpractice claims at trial. Successfully obtained a post-mistrial dismissal of the case as a discovery sanction.
Successful representation of Kmart in civil and criminal litigation in Puerto Rico, arising out of insurance claims for hurricane losses, and alleged employee misconduct in the preparation of the claims, including the allegedly intentional destruction of inventory.
Successful defense of senior Kmart executives in class actions asserting ERISA fiduciary duty claims relating to Kmart's employee savings plan.
Represented a financial services company in a multi-week arbitration against a group of employees who defected to a competitor, obtaining a high-six figures award against the employees and their new firm and denial of all counterclaims.
Lead counsel for California municipality in matter that defeated bankrupt cable operator's effort to discharge franchise obligations.
Represented international business machine manufacturer in defense of antitrust and copyright infringement claims brought by a competitor.
Represented a truck driver leasing company in trial court, appellate court, and Illinois Supreme Court in a case of first impression to successfully enforce a provision prohibiting our client’s customer from hiring the drivers it leased. H&M Commercial Driver Leasing, Inc. v Fox Valley Containers, Inc., 209 Ill.2d 52 (2004).
Represented a company where we obtained a $3,875,000 arbitration award after a 12-day arbitration hearing in front of a three-person American Arbitration Association panel. Our client successfully alleged that a large publicly traded company improperly pulled business away from our client and brought it in-house. The verdict was obtained despite the panel knowing that, on the first day of arbitration, our client would have accepted a settlement of less than $2.9MM.
Represented a Tier II automotive supplier against a Tier I supplier who had awarded our client a contract to supply a certain vehicle component for the life of the vehicle platform. After our client had invested millions of dollars into the project in reliance upon the contract award, the Tier I supplier subsequently withdrew the contract award when they determined that they could redesign and manufacture the component themselves at a significant cost savings. After a three-week trial, our client was awarded in excess of $3.8MM due to the Tier I suppliers actions.
Successfully represented a sales representative and obtained a $1.1MM jury verdict after a 10-day trial for unpaid commissions where the defendant rejected a $250,000 offer on the day the complaint was filed. The representation also included argument before the Michigan Court of Appeals where the jury verdict was upheld.
Represented an airport in a collective action under the Fair Labor Standards Act brought by more than 30 plaintiffs. The plaintiffs claimed they were owed overtime for alleged on-call and waiting time. We obtained a dismissal on a Motion for Summary Judgment.
Successfully obtained a large recovery for an NFL football stadium resulting from the breach of a lease by the NFL franchise, which vacated the stadium to move to a new venue during the lease term. The case involved complex damages and mitigation issues uniquely related to professional sports stadiums.
Trial counsel for an automobile manufacturer in the defense of numerous wrongful discharge and employment discrimination cases. In addition to obtaining summary judgments, we won a "no cause" verdict in a federal jury trial, which was subsequently affirmed by the Sixth Circuit.
Lead trial counsel and obtained a "no cause" jury trial verdict in a highly publicized and politicized reverse race discrimination and harassment case.
Representation of an industrial client whose neighbor was intent on leveraging concessions by using obsolete, but legal, recorded easements to restrict truck access to the plant. Reaching a deadlock, the parties were on the eve of filing suit. We worked with opposing counsel to ascertain previously abandoned easement access routes, thus avoiding costly and damaging litigation for our client. The parties operate to date using the easements created in the settlement.
Defended an insurer in a multimillion-dollar Y2K claim in federal court resulting in an outright dismissal of the action.
Served as national counsel for fuel tank litigation on behalf of a domestic automobile manufacturer.
Lead counsel for Kmart in the successful defense of consolidated 10b-5 securities fraud cases, which ultimately settled for nuisance value.
Successfully defended a startup company in an arbitration brought by its former VP of sales, defeating his claim for unpaid compensation and obtaining an order nullifying his stock rights, and later defeating his attempt to vacate the award in federal court.
Lead trial counsel for a national grocery chain and obtained a directed verdict in a federal ADEA discrimination jury trial.
Defended Kmart in multiple ERISA class actions in Texas and Colorado, arising from the stock sale of a subsidiary, Furr's Cafeterias and Bishop Buffets, and the alleged underfunding of the spin-off pension plan.
Successfully defended an individual trustee at a bench trial lasting several weeks in the Circuit Court of Cook County against an accounting claim brought by one of the trust's beneficiaries.
Counseled and obtained a successful resolution of an insurance dispute involving PCB contamination of golf courses throughout the United States.
Jeffrey Strange v. Monogram Credit Care Bank of Georgia, Case No. 96-2903; 129 F.3d 943 (7th Cir. 1997).
Represented several insurance companies in numerous coverage dispute matters where millions of dollars of claims were asserted. We successfully obtained summary disposition rulings in favor of our clients. One such matter was the Dow Corning breast implant coverage litigation in which over $200MM in claims were asserted against numerous insurers. We acted as lead counsel in developing and implementing crucial litigation strategies that resulted in the court ruling in favor of our client in limiting the client's exposure, which lead to a very favorable settlement for our client.
Represented a Fortune 500 company sued by a nationwide class of individuals for fraud in the bankruptcy courts. Successfully defended the company through appeal to the United States Court of Appeals for the Seventh Circuit.
Lead counsel for a primary insurer in a multimillion-dollar insurance coverage action involving silicon gel breast implants.
Defended numerous damages and injunction actions resulting from the sale by Kmart of its former subsidiary, Pace Membership Warehouse, and the closure of most Pace stores. Actions were filed in various jurisdictions around the country and the cases involved claims ranging from the alleged violation of continuous operation covenants to alleged violation of bulk sales notice and transfer requirements, as well as alleged fraudulent conveyances.
Lead counsel for a municipality in a successful civil RICO and antitrust case against waste hauling and disposal companies, a major city, and a variety of co-conspirators involved in a price fixing scheme relating to municipal waste disposal; and against the United States to obtain monies taken by the U.S. in criminal forfeiture. A large recovery was obtained.
Obtained a defense verdict in Fulton County, Illinois, on behalf of a beneficiary to his mother’s will that disinherited his four siblings. Plaintiffs alleged lack of testamentary capacity, undue influence, tortious interference, breach of fiduciary duty, and financial exploitation. After 19 witnesses in a week-long trial, the 12-person jury returned a unanimous defense verdict in just over an hour, thereby allowing our client to receive the entire estate valued at over $6,600,000.
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