Representative Deal Litigation Experience
Breach of Acquisition Agreement. (Del. Sup. Ct.) Represented mining company in action alleging breach of contract for sale of mines to plaintiff.
Breach of Indemnity Action. (Cir. Ct. Ill.) Represented client in action alleging breach of indemnification provision in acquisition agreement.
Hedge Fund Litigation. (Midd. Dist. Fla.) Represented several limited partners in multiple litigation proceedings against general partners for the collapse of various hedge funds in the aftermath of the credit crisis.
Southwest Engineering, Inc. v. Yeomans Chicago Corp. (S.D. Ca.) Represented client in breach of supply agreement for the provision of multi-million dollar water treatment pumping systems.
Breach of Distribution Agreement. (Arbitration, Ill.) Represented Fortune 500 food and beverage company in arbitration involving allegations of breach of distribution agreement.
Breach of Contract to Sell Business. (Arbitration, Ill.) Defended multiple client companies in arbitration claiming breach of agreement to sell line of clothing companies to claimant.
Hecny Transportation Co. v. Chu. (N.D. Ill.) Attained verdict for logistics company client on breach of contract and breach of fiduciary claims against former general manager.
Shareholder Dispute for Medical Services Corporation. (N.D. Ill.) Attained verdict for former shareholder of medical services corporation for breach of contractual obligations.
Salkind v. Warner Bros. (Cen. Dist. Ca.; Sup. Ct. Ca.) Represented motion picture studio in lawsuit involving producer’s claim to breach of contract for profit participation and intellectual property rights in the Superman series of films.
Blatty v. Warner Bros. (Cen. Dist. Ca.; Sup. Ct. Ca.) Represented motion picture studio in lawsuit involving writer’s and director’s claims to profit participation and intellectual property rights for alleged contributions to re-release of The Exorcist.
Scholastic, Inc. v. 20th Century Fox. (Cen. Dist. Ca.; Sup. Ct. Ca.) Represented major publisher of children’s literature in lawsuit involving breach of contract for the distribution of the Goosebumps television series.
Representative Intellectual Property Litigation Experience
False Advertising Trial. (N.D. Ill.) Defended Fortune 500 food and beverage company in a highly publicized 2011 federal court false advertising trial regarding claims competitors could make in the hot dog market.
Cobra Capital, LLC v. LaSalle Bank, N.A., et al. (N.D. Ill.) Represented several LaSalle Bank entities in a major trademark infringement action involving significant claim for damages due to alleged willful infringement of a registered mark.
Patent Infringement and Licensing Action. (Arbitration, Colo.) Represented client in arbitration involving breach of patent license agreement for medical devices and claims of patent infringement and fraud on the patent office.
Trademark Infringement Action. (N.D. Ill.) Defended major franchisee in trademark infringement action brought by international franchisor for alleged improper holding-over after termination of license agreement.
Fen F, LLC v. Healio Health, Inc., et al. (N.D. Oh.) Defended client in action alleging patent and trademark infringement of orthopedic device.
Hu-Friedy Mfg. Co., Inc. v. Discus Dental, LLC et al. (N.D. Ill.) Prosecuted action involving patent and trade dress infringement of medical devices.
Computer Fraud and Abuse Action. (N.D. Ill.) Prosecuted claims for violations of the Computer Fraud and Abuse Act and the Digital Millennium Copyright Act in an action between competitors in the pharmaceutical industry.
Studio & Partners s.r.l. v KI. (E.D. Wi.) Represented client in fraud and correction of inventorship action involving misappropriation of design patents.
TTAB Proceedings. Represented clients in numerous cancellation and opposition proceedings before the Trademark Trial and Appeal Board.
Representative Class Action and/or Securities Litigation Experience
Oppenheimer Champion Income Fund and Core Bond Fund Securities Fraud Class Action Litigation. (Dist. Colo.) Represented the Oppenheimer Champion Income Fund and the Oppenheimer Core Bond Fund along with all the Independent Trustees of both Funds in nationwide securities fraud class actions.
Auction Rate Securities (“ARPS”) Class Action Litigation. (S.D.N.Y.) Successful defense of a closed-end investment company in what is believed to be the first putative securities class action brought against an issuer of auction rate securities.
Jaspers v. PrimeVest Financial Services, Inc., et al. (Dist. Minn.) Represented bank in class action for alleged fraudulent fee charges. Case was resolved after successful removal of action to federal court on SLUSA grounds.
Wells-Darden v. Brady’s This Is It, Inc. (N.D. Ind.) Defended company in class action for alleged violation of federal legislation (FACTA) by failing to safeguard customer credit card information.
Mutual Funds Market Timing Class Action Litigation. (Dist. Md.) Represented a mutual fund and the trustees of another mutual fund in putative class and derivative actions filed in various state and federal courts alleging market timing.
Financial Statement Misrepresentation Class Action Litigation. (N.D. Ill.) Successful defense of Fortune 500 corporation and certain officers and directors in a securities fraud claim for misrepresentations on financial statements.
Represented a number of clients in various consumer class action lawsuits brought pursuant to California Business & Professions Code section 17200 for alleged unfair business practices.
SEC and FINRA Investigations and Enforcement Actions. Represented clients in a number of investigations and enforcement actions by the SEC, FINRA and state securities regulators.