Experience
Counsel in Commercial Litigation, Foreclosure, Special Assets and Receivership Matters
Served as counsel to local, regional and national lenders in numerous commercial litigation and foreclosure, special assets and receivership matters involving the sale and liquidation of nearly every type of real property and collateral, as well as workouts, including: office parks, mobile home parks, factory, warehouse and manufacturing properties, retail centers, marinas, medical offices and equipment, transportation development districts (TTDs), liquor stores, turkey farms, cattle, farm products and equipment, hotels, dry cleaners and many more.
Secured Jury Verdict for Client in Fraud Case
Served as lead trial counsel in securing jury verdict for client in connection with fraud in the inducement in commercial marketing agreement.
$19.5 Million Verdict in Complex Business Fraud Case
Secured a $19.5 million verdict for a prominent Miami physician and part owner of a family drywall business in Colombia, in a two-week jury trial regarding attempts to deprive the client of his 33.33% interest in the business.
Secured Dismissal for Banking Client in Loan, Foreclosure Matter
Secured motion to dismiss in St. Louis County Court for a Missouri state-chartered banking client. The plaintiffs claimed several million dollars in damages related to a loan and foreclosure by the client and filed claims alleging breach of contract, breach of implied covenant of good faith and fair dealing, breach of fiduciary duty, wrongful seizure and liquidation in a prior replevin case, and a wrongful foreclosure sale. The plaintiffs voluntarily withdrew their claims and set forth new claims of negligent misrepresentation or concealment, fraudulent misrepresentation or concealment and breach of contract/third-party beneficiary. The Court granted our motion to dismiss based on arguments of res judicata and failure to state a claim, and dismissed the claims with prejudice.
Dismissal of Case Seeking to Ban “Obscene” Book in Virginia
Secured the dismissal of a Virginia state court case seeking to ban the sale of a client’s book. A Virginia Beach General Assembly Delegate brought the action against our client and one of its authors, filed under a decades-old statue and alleging that the book – a memoir, told in graphic novel form, of the author’s own journey of realizing their nonbinary and asexual identity – was “obscene.” Argued that the statute was unconstitutional both facially and as-applied, and that the petition failed to state a claim under Virginia law. The Court agreed and found that the book could not be considered “obscene” under state law, as well as that the statute was unconstitutional in violation of due process and the First Amendment.
$7.5 Million Settlement Over Delayed Renovation of Historic Landmark
Negotiated a $7.5 million delay damages settlement for construction company client over the renovation of a National Historic Landmark building in New York City. The one-year project took three years for substantial completion due to design conflicts with existing conditions, interferences and changes, causing substantial increased costs for the client, a subcontractor. Successfully overcame legal hurdles including lack of privity, New York law that a general contractor is not liable for delay caused by an owner, and a “no damage for delay” contract clause.
Dismissal for Public Utility Owner, with Sanctions Against Plaintiff
Represented a public utility owner in a federal court case involving a complex commercial transaction, securing a dismissal with prejudice against a plaintiff resulting from our motion for terminating sanctions over the plaintiff's various discovery violations.
Successfully Defended Client in Wrongful Death Case
Conducted the investigation and successfully represented a national fast-food delivery company in a high-profile wrongful death case stemming from a shooting that occurred at one of the client's restaurants.
Defended Client Against $15 Million Damages Claims
Defeated claims seeking more than $15 million in damages from his client, while obtaining a judgment for damages, attorneys’ fees and expenses in the client’s favor on its counterclaims.
Claims Dismissed Against Corporate Officers
Secured dismissal of claims brought against corporate officers under the fiduciary shield doctrine.
Successful Representation in Breach of Fiduciary Duty and Misappropriation of Trade Secrets Case
Our client brought claims against a former company officer, his new employer and an officer of his new employer, alleging that they misappropriated trade secrets from our client. The alleged trade secrets included customer information and highly technical manufacturing information. Our client also brought a breach of fiduciary duty claim against the former officer for allegedly diverting business from our client to his new employer immediately before he left. After a two-and-a-half-week jury trial in U.S. District Court for the Northern District of Illinois, the jury found that the former employee, his new employer and the new employer’s officer misappropriated certain trade secrets and that the employee also breached his fiduciary duty, awarding our client damages on both claims.
Earned Arbitration Award for Michigan Avenue Property Owner
Earned an arbitration award for the owner of a Michigan Avenue property, defeating the developer’s claim that it had substantially completed construction.
Multimillion-Dollar Jury Verdict for Chinese Manufacturer
Secured a multimillion-dollar jury verdict in federal court for a Chinese manufacturer and a Chinese distributor for fraud, breach of contract and defamation against their manufacturer’s representative.
Judgment Against National Bank
Obtained summary judgment plus attorneys' fees against a national bank on behalf of the landlord in a commercial lease dispute.
Secured Judgment for Client in Post-Termination Equity Case
Secured judgment for a publicly traded master-limited partnership against a former executive’s claim for post-termination equity.
Arbitration Award for Michigan Avenue Property Owner
Earned an arbitration award for the owner of a Michigan Avenue property, defeating the developer’s claim that it had substantially completed construction.
Significant Reduction of Punitive Damages in Illinois Supreme Court Case
Secured a reduction of a $1.75 million punitive damages award to $65,000 by the Illinois Supreme Court.
$50 Million Energy Market Dispute for Regional Transmission Organization
Reached a settlement agreement for a regional transmission organization in a $50 million energy market dispute with hedge funds.
$8 Million Judgment for CEO of Construction Company
Secured an $8 million judgment in a stock buyout suit for the former CEO of a nationwide construction company.
Judgment in $10 Million Breach of Warranty Claim Case
Secured judgment at the close of plaintiff’s case for a $10 million breach of warranty claim on large power generators.
$70 Million Judgment Against Pharma Company in Royalty Dispute
Secured a $70 million judgment against a pharmaceutical company in a royalty payment dispute.
Multimillion-Dollar Judgment for Nation’s Largest Wholesale Power Producer
Secured a multimillion-dollar judgment for the nation’s largest wholesale power producer after a bench trial.
Injunction Against Orbitz for Breach of Contract
Secured an injunction for an internet travel service against Orbitz for breach of contract.
Summary Judgment Win for Shopping Center Client Against Debtor’s Claim
Beat back an $11 million claim in bankruptcy case asserted against country’s second largest owner of shopping centers based on doctrine of judicial estoppel.
Successful Defense of Board of Directors in Fiduciary Duty, Shareholder Oppression Trial
Successfully defended a corporation’s board of directors against claims by shareholders for breach of fiduciary duty and shareholder oppression at trial in federal court in Chicago.
Arbitration Award Restraining $100 Million+ Litigation in Guatemala
Earned an arbitration award restraining a more than $100 million litigation in Guatemala against a U.S. domestic power wholesaler, which was confirmed by the federal court in Washington, D.C.
Jury Verdict in Federal Court Rescinding Client’s Multimillion-Dollar Fake Antique Purchase
Secured a jury verdict in federal court in Chicago to rescind a client’s multimillion-dollar purchase of fake antique statues.
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.
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.
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.
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