Areas of Practice:
Commercial Litigation; Securities Litigation; Professional Malpractice; Mass Torts Litigation; Class Action Litigation; Real Estate Litigation;
Products Litigation; Consumer Litigation.
Bar Admissions:
Illinois, 1984
U.S. Court of Appeals 7th Circuit, 1992
U.S. District Court Northern District of Illinois, 1984
U.S. District Court Eastern District of Michigan, 1995
U.S. District Court Southern District of Indiana, 1999
U.S. District Court Northern District of Indiana, 2004
Education:
University of Illinois College of Law, Champaign, Illinois, 1984
Doctor of Jurisprudence
Honors: Rickert Award for Excellence in Legal Writing; Law Review: University of Illinois Law Review, Editor University of Chicago, Chicago, Illinois, M.A., 1980
University of Chicago, Chicago, Illinois, B.A., 1980
Honors: With Honors
Recognitions and Listings:
Listing in Leading Lawyers Network.
Listing in Illinois Super Lawyers.
Rickert Award for Excellence in Legal Writing, University of Illinois
Faculty Positions:
Adjunct Professor of Law, Northwestern University School of Law, 2005 - present
Professional Associations and Memberships:
7th Circuit Bar Association, Illinois Chair for Alternative Dispute Resolution
International Association of Defense Counsel
Illinois State Bar Association
Representative Cases:
U.S. Bank, N.A., et al v. Clark, et al., Sup. Ct. Ill. In a case with industry-wide implications, successfully defended a mortgage lender accused of violating the Illinois Interest Act in a mortgage foreclosure action thereby subjecting the lender to substantial fines and penalties. The trial court held that the Interest Act was pre-empted by the Federal Depository Institution's Deregulation and Monetary Control Act of 1980 and dismissed the borrower's Interest Act claims and defenses, but the Illinois Appellate Court reversed and reinstated them. The Illinois Supreme Court reversed the Appellate Court and upheld the federal pre-emption of state law. September 2005.
Board of Trustees of Community College District No. 508, County of Cook, State of Illinois v. PricewaterhouseCoopers L.L.P, Cir. Ct. Cook County, Ill., Illinois Appellate Court and Illinois Supreme Court. As co-lead counsel, prosecuted auditing malpractice claims against PricewaterhouseCoopers, L.L.P and Arthur Andersen, L.L.P. for the governing board of the City Colleges of
Chicago . While Andersen settled before trial for a confidential amount, the jury awarded more than $13,000,000 in damages against PwC, the largest reported audit malpractice jury verdict in
Illinois . That judgment was affirmed by the Appellate Court in July, 2002 and the Illinois Supreme Court in December, 2003.
Lawyers Title Insurance Co. v. Nations Credit, Cir. Ct. of Lake County, IL. Represented lender in trial of insurance coverage action; court ruled in favor of insured on coverage. 2006.
Zeller Realty Corporation v. AXA Equitable Life Insurance Company, Cir. Ct. Cook County, Ill. Represented AXA Equitable in dispute arising out of sale of Equitable Building in Chicago. Case settled favorably after two week jury trial before closing argument. 2006.
International Financial Services Corporation v. Didde Corporation, et al. , U. S. Dist. Ct., N. D. Ill. Successfully prosecuted a piercing the corporate veil claim against defendant Chromas Technologies Canada, Inc.; the jury determined that Chromas Canada was the alter ego of a bankrupt corporate affiliate and awarded more than $1,000,000 in damages and attorneys' fees. October 2002. The Seventh Circuit vacated the judgment holding in a case of first impression that the issue should not have been presented to the jury and remanded the case. February 2004. The district court reinstated the judgment in September 2005.
Moutry v. Kluever & Platt, LLP. U.S. Dist. Ct., N.D., Ill. Successfully defended law firm in trial of Fair Debt Collection Practices claim. December 2004.
White v. Kenneth Warren & Son, et al., U.S. Dist. Ct. of N.D., Ill. Represented executors of English estate in claims that defendants defrauded the estate out of fair value of fine violins. The case attracted international attention with feature articles in the Guardian, the Wall Street Journal and the Chicago Tribune but settled shortly before a scheduled jury trial. December 2004.
In re Burlington Northern & Santa Fe Railway Co. Employee Settlement Agreements Litigation: Larsen v. The Burlington Northern & Santa Fe Railway Co., U.S. Dist. Ct., W.D. Wash.; U.S. Dist. Ct., D. Minn. Represented the railroad in multidistrict and nationwide class actions alleging RICO, Sherman Act and FELA claims to set aside and relitigate thousands of noise induced hearing loss settlements. 2001-2002.
Engel v. Chevron Corporation; Chandler v. Chevron Chemical Company; Minshall v. Chevron Chemical Company; Ontario New Home Warranty Program v. Chevron Chemical Company; Eljer v. Chevron Chemical Company; Trianco v. Chevron Chemical Company; Goodman Manufacturing v. Chevron Chemical Company; Peerless Manufacturing v. Chevron Chemical Company; Chevron Chemical Company v. General Electric Company. As North American counsel for Chevron Corporation and Chevron Chemical Company, supervised and coordinated the successful defense of nationwide class actions in Tennessee, Alabama and Georgia and provincial class actions in Quebec and Ontario; defended Chevron in related litigation in Illinois, Massachusetts, Pennsylvania and Texas; represented Chevron before the Consumer Products Safety Commission and in negotiating the terms of an industry-wide Corrective Action Plan; and prosecuted and settled corporate claims for indemnity. 1995-1999.
Draper and Kramer Incorporated v. Dalan/Jupiter, Inc., et al. ,
Cir. Ct. Cook County, Ill. and
Illinois Appellate Court. Represented plaintiff in dispute over a joint venture financing fee; case tried and won in the trial court, but reversed after appellate court held that the judgment was against the manifest weight of the evidence. Summary judgment on further proceedings affirmed. 2007.
Bob's Concrete v. Paul H. Schwendener Constr. Co. , Cir. Ct. DuPage County, Ill. Represented American National Bank and Trust Company of Chicago in multi-party mechanics lien trial arising out of the construction of a large shopping center. Case settled in the 10th week of a scheduled 15-week trial. 1993-1994.
Heartland Financial U.S.A. v. Financial Institutions Capital Appreciation Partners I, L.P. et al. , U.S. Dist. Ct., N.D.
Ill. Successfully defended an officer in a Rule 10b-5 and Section 20(a) controlling person case arising out of limited partnership investments. Our client's motion to dismiss with prejudice was granted and, as a result, judgment in favor of our client and the other defendants, who did not so move, was entered. 2002.
Tirapelli v. Advanced Equities, Inc., et al. , U.S. Dist. Ct., N. D. Ill. Represented officer and corporate defendants in Rule 10b-5 securities claims. Summary judgment on all federal claims granted; state law claims dismissed. 2001-2002.
In re Anicom Securities Litigation , U.S. Dist. Ct., N.D.
Ill.
Represented officer and director in Rule 10b-5 and Section 20(a) controlling person claims. 2001-2002.
Tricontinental Industries, Ltd. v. Anixter, et al. , U.S. Dist. Ct., N.D. Ill., Represented officers and directors in Rule 10b-5 and Section 20(a) controlling person claims. 2001-2002.
James Forsythe and John Forsythe v. Indeck Energy Services, Inc., et al. , U.S. Dist. Ct., N. D. Ill. Represented officers and directors in Rule 10b-5 and Section 20(a) claims. After plaintiffs voluntarily dismissed their claims, they also paid defendants' substantial costs. 1999-2000.
United States of America v. Miriam Santos , Seventh Circuit Court of Appeals. Filed Amicus Curie brief in appeal of public official's conviction on behalf of a consortium of bar associations,
Illinois lawyers, and law professors. Conviction reversed. 1999.
In re Duff, Seventh Circuit Court of Appeals and
U.S. Supreme Court. Represented sitting federal judge in mandamus proceedings before the Seventh Circuit and the
U.S. Supreme Courts. 1997.
People v. Vargas ,
Cir. Ct. Cook County, Ill. Appointed to represent defendant in murder trial; obtained directed verdict of acquittal at close of state's case. 1989.
People v. Grimm , Cir. Ct. Cook County, Ill. Appointed to represent defendant in murder trial; obtained verdict of not guilty by reason of insanity. 1989.