Experience
Obtained Summary Judgment for Publicly Traded Live Event Producer
Obtained summary judgment for a publicly traded producer of live events where the primary issue was whether our client, who recently purchased the assets – but not the stock – of a local live event production company, was bound by the arbitration provision in a contract between the local company and the opponent. The asset purchase agreement specifically excluded the contract containing the arbitration provision. The opponent argued that the asset sale was a de facto merger so the contractual exclusion did not apply. The Court rejected that argument and adopted our argument holding, among other things, that the terms of the asset purchase agreement governed.
Obtained Victory for Client After Five-Day Arbitration
Obtained a complete defense victory following a five-day arbitration hearing on behalf of a local festival and concert promoter in a dispute filed by the counter-party to an expired profit-sharing agreement.
Negotiated Favorable Settlement in Shareholder Dispute Involving Concert Promoter
Represented majority shareholders in lawsuit filed by minority member and negotiated favorable settlement resulting in minority member’s removal from the company.
Represented Majority Shareholder in Redemption Dispute with Minority Shareholders
Represented privately owned retail fixtures company in a dispute with the company’s minority shareholders. The minority shareholders sought to enforce purported rights under a stock redemption agreement, threatening the company’s liquidity and relationship with its lender.
Secured Motion to Dismiss for Social Gaming Company
Won a motion to dismiss on behalf of an internet-based social gaming company accused of violating Illinois gambling statutes. The entire class action complaint filed in federal court was dismissed before any discovery took place.
Favorable DMCA Settlement for Overseas Distributor of Skincare Products
Obtained a favorable early settlement of a copyright infringement and Digital Millennium Copyright Act case for an overseas distributor of skincare products and multiple nationally recognized retailers. The plaintiff, an artist, claimed the defendant’s product packaging infringed his copyrighted artwork. The case spanned two continents, including suits filed in New York and London.
Representation of Camping, Music Festival Promoter in Infringement, Cybersquatting Case
Represented camping and outdoor music festival promoter in a trademark infringement and anti-cybersquatting case in federal court. After filing a complaint and motion for temporary restraining order (TRO), the defendant capitulated to such an extent that there was no need to go forward with the TRO hearing.
Trademark Protection for U.S. Home Goods Manufacturer
Represented a U.S. home goods manufacturer helping it protect the trademark related to its iconic product by asserting trademark infringement, unfair competition and dilution claims under the Lanham Act.
Defense of National Direct Sales Company in Misappropriation Case
Successfully defended a nationally recognized direct sales company against allegations that it misappropriated a competitor’s trade secrets in violation of the Illinois Trade Secrets Act.
Representation of Logistics Provider in Noncompete Case
Represented a national third-party logistics provider in action to enforce noncompetition provision against a former employee.
Defense of Global Direct Sales Company in Breach of Contract Case
Represented a global direct sales company in connection with breach of contract claims alleging that members of its independent contractor sales force were prohibited from recruiting salespeople from other direct sales companies.
Severance Package Negotiation for Top Executive
Negotiated an appropriate severance package for a top salesperson in the construction materials industry.
Landlord-Tenant Dispute for National Hotel Operator
Successfully represented a national hotel operator in a lease dispute with its landlord at a downtown Chicago property. The client’s primary goal was not to recover monetary damages, but rather to substantially extend the lease term. After taking over the case from prior counsel, we amended the complaint to add claims that the landlord and its affiliate had breached a territorial exclusivity covenant in the lease. We then sought discovery on the affiliate’s profits from improperly competing with our client. After we obtained court orders requiring both defendants to comply with discovery, the landlord reversed its longstanding opposition to extending the lease and settled the case by entering into a 50-year lease.
Real Estate Investment Dispute for Minority Members
Assisted a group of minority members in multiple limited liability companies which were organized to facilitate real estate investments. The minority members were attempting to sell their interests to the majority member who was not negotiating in good faith. We drafted complaints alleging breach of fiduciary duty, among other things, which persuaded the majority member to purchase the minority members’ interests. The complaints never had to be filed.
Representation of Real Estate Developer in Suit Against Local Municipality
Represented a shopping center developer in a lawsuit against a local municipality for damages related to the municipality’s attempt to restrict consumer access to the shopping center's parking lot.
Defense of Developer, Personal Guarantor in Commercial Foreclosure Actions
Defended real estate developer and personal guarantor of loans in multiple commercial foreclosure actions.
Obtained Dismissal in Dispute Between Event Promoter and Investor
Won the dismissal with prejudice of the counterclaim filed against a live event promoter and its principals. The promoter entered into a revenue-sharing agreement with a company looking to invest in two of its larger outdoor music festivals. Ultimately, the relationship deteriorated and, in 2014, the investment company initiated litigation against the promoter. We obtained a complete victory for our client.
Representation of State Lottery Operator in Various Disputes
Represented a state lottery operator in various disputes related to Freedom of Information Act (FOIA) requests, the disclosure of confidential information and contractual disagreements with the governmental department responsible for the lottery.
Secured Writ of Mandamus for Multi-Level Marketing Client
Obtained a writ of mandamus on behalf of an Illinois multi-level marketing (MLM) company in the Supreme Court of Alabama. The MLM company was sued in Alabama’s Tallapoosa County Circuit Court. Although the circuit court denied our motion to dismiss, the Alabama Supreme Court granted our petition for writ of mandamus holding that the circuit court exceeded its discretion and directing the circuit court to dismiss the lawsuit filed against the MLM.
Representation of National Wholesaler in Breach of Confidentiality Matter
Represented a national commodity wholesaler in action against former employees for breach of confidentiality provision and misappropriation of trade secrets related to hedging strategies.
Defense of Prepaid Credit Card Supplier Against Regulatory Agencies
Defended a prepaid credit card supplier against the Illinois Department of Financial & Professional Regulation’s claim that the client violated the Illinois Transmitters of Money Act.
Representation of National Aviation Insurance Broker in Noncompete, Nonsolicitation Case
Represented a national aviation insurance broker in action to enforce contractual noncompete and nonsolicitation provisions against a former employee.
Defense of Major Chicago Law Firm in Multimillion-Dollar Negligence Claim
Defended a major Chicago law firm in connection with multimillion-dollar professional negligence claim.
