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Experience
Litigation and Arbitrations
- Obtained complete defense jury verdict for supplier of food ingredients at the conclusion of two-week federal jury trial in a case involving implied warranty claims brought by a customer seeking $20 million in damages.
- Lead lawyer representing majority shareholder in closely held biotechnology company in litigation arising out of disputed ownership and control of operating entity.
- Managed defense of global food development company in more than 800 toxic tort lawsuits arising out of ethylene oxide emissions from a former sterilization subsidiary. Trial counsel in first two bellwether trials, the results of which led to a global settlement.
- Principal lawyer for chemical testing business in arbitration arising out of acquisition in which sellers materially breached representations and warranties in asset purchase agreement.
- Designed and pursued successful declaratory judgment proceedings challenging reimbursement rates for state’s largest not-for-profit substance abuse disorder service provider.
- Managed and coordinated defense of national law firm in more than thirty professional malpractice actions arising out of firm’s role in illegal tax shelters.
- Secured summary judgment on behalf of general aviation parts manufacture in multiple wrongful death claims arising out of crash of aircraft and obtained favorable ruling affirming judgment on appeal to Wisconsin Court of Appeals.
- Represented legal mutual reserve company in litigation against third-party administrator of a major medical insurance program and reinsurer in dispute arising out of complex claims of violations of contractual and fiduciary obligations between the parties. The case was resolved on favorable settlement terms after extensive litigation.
- Successfully obtained forum non convenience dismissal of all U.S. litigation on behalf of aircraft manufacturer in multidistrict litigation arising out of the crash of Helios Airways Flight NCY522 near Athens, Greece.
- Obtained defense verdict for franchisor in jury trial on franchisee's claims of racial discrimination.
- Represented city of Chicago in personal injury litigation arising out of high-rise fire in Chicago Loop.
- Obtained multimillion-dollar arbitration award for real estate developer in international arbitration.
- Represented financial services firm in case involving misappropriation of trade secrets.
- Represented plaintiff in unfair competition claim relating to Coca-Cola’s advertising of PowerAde Option against PepsiCo’s Gatorade brand. After filing the complaint and motion for preliminary injunction, Coca-Cola withdrew the offending TV spots, and the case settled.
Investigations and White-Collar Defense
- Lead counsel to monitor for multinational medical device company, appointed to oversee compliance reforms following a deferred prosecution agreement with U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC).
- Secured dismissal of SEC insider trading claim in SEC v. Garcia, et al. on summary judgment where the SEC alleged defendant traded on inside information ahead of BHP Billiton’s attempted corporate takeover of Potash Corporation of Saskatchewan, Inc. The judge ordered release of frozen assets and lifted injunction previously obtained by the SEC.
- Served as lead counsel to examiner in Chapter 11 bankruptcy appointed to investigate and report on alleged financial fraud.
- Represented CFO of public company in SEC investigation into internal controls, revenue recognition, and software capitalization issues.
- Defended officers and directors of public companies in shareholder derivative actions arising out of alleged misrepresentations to shareholders and failure of internal controls.
- Served as counsel to multiple audit committees in connection with investigations into alleged reporting issues.
- Represented bankruptcy trustee in connection with investigation into $100 million investment fraud.
- Represented and counseled individuals and corporations in criminal matters involving allegations of mail/wire fraud and potential violations of various state and federal regulations.
