Eric R. Lifvendahl - Partner

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Biography

Eric R. Lifvendahl is a seasoned trial lawyer with broad commercial litigation experience in state and federal courts around the country. Clients regularly seek Eric’s representation in disputes involving  breach of contract, violations of non-competition agreements, fraud, antitrust violations, accounting and legal malpractice, construction defect, and securities law violations, among other claims.  After judgments by trial courts, Eric has also successfully argued before the United States Court of Appeals for the Seventh Circuit and the Illinois Appellate court. Prior to entering private practice, Eric was a criminal prosecutor at the Cook County State’s Attorney Office where he tried numerous jury and bench trials. 

He is "AV Preeminent" peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.  Mr. Lifvendahl has also been selected by his peers for inclusion in Illinois Leading Lawyers for commercial litigation.

Eric recently secured a $49.7 million jury verdict for his client, a real estate developer alleging breach of contract in Florida state court. He is also currently representing businesses who fell victim to price fixing schemes and other antitrust violations in three cases in California federal court. For other cases Eric has handled, see Representative Matters below.

Education/Bar Admissions

Mr. Lifvendahl received a B.A. in communications in 1988 from Boston College. He received his J.D. in 1992 from Loyola University Chicago School of Law, where he received the American Jurisprudence Award for the highest grade in business planning law.

Mr. Lifvendahl was admitted to the Illinois bar in 1992 and also has been admitted to the following federal trial and appellate courts:

  • U.S. District Court, Northern District of Illinois (including the trial bar)
  • U.S. District Court, Central District of Illinois
  • U.S. Court of Appeals, Seventh Circuit

In addition, he has been admitted pro hac vice and represented clients in lawsuits in the following states: Arizona, California, Connecticut, Delaware, Florida, Indiana, Ohio and Wisconsin.

Professional Activities

Mr. Lifvendahl is active in various professional and civic organizations, including:

  • The Chicago Inn of Court
  • Chicago Bar Association
  • American Bar Association
  • The Society of Trial Lawyers
  • Loyola Academy Hockey Club, president
  • Winnetka Hockey Board, past president
  • North Shore Ice Arena, past member
  • President of Fallen BC Eagles Foundation, a 501(c)(3) entity established to assist children whose parents are deceased pay for college

Representative Matters

  • Buck-Leiter Palm Avenue Development, LLC v. City of Sarasota

    Sarasota County, FL (2018) 2010 CA 6180

    Retained shortly before trial to assist in trying the case before a jury on behalf of a real estate developer in a breach of contract case.  Conducted direct examinations of keys witnesses, including damages witness, cross examinations of critical defense witnesses, and closing argument.  Following trial, the jury awarded our client $49.7 million in damages.

  • In Re Chickens Antitrust Litigation

    U.S. Dist. Court, N.D. IL (2017) 17cv08850

    Along with co-counsel represent several large grocers and wholesalers as direct purchasers of chickens in opt-out antitrust litigation against the nation’s chicken producers, including Claxton Poultry Farms, Fieldale Farms, Foster Farms, George’s, Harrison Poultry, House of Raeford Farms, Koch, Mar-Jac, Mountaire Farms, O.K. Foods, Peco Foods, Perdue, Pilgrim’s Pride, Sanderson Farms, Simmons Foods, Tyson Foods and Wayne Farms which are alleged to have actively participated in a price-fixing and output-restriction conspiracy from 2008 until the end of 2016.

  • In Re Packaged Seafood

    U.S. Dist. Court, S.D. CA (2015) 15md2670

    Along with co-counsel represent large direct purchasers of packaged seafood against the largest tuna manufactures alleging that packaged seafood manufacturers conspired and fixed the prices of packaged seafood sold to customers in the United States from at least as early as January 1, 2003 to the present in violation of antitrust laws.

  • In re: Polyurethane Foam Antitrust Litigation

    U.S. Dist. Court, W. Dist. OH (2015)

    Brought in as lead trial counsel for the remaining plaintiffs 12 weeks before trial was set to begin. Remaining Plaintiffs collectively sought in excess of $30 million in damages on the claim that the last remaining defendant, FXI a foam manufacturer, joined an 11-year price fixing conspiracy in the foam business immediately following the acquisition of the assets and employees of a former market participant in 2009.  Case settled favorably just prior to trial.

  • In Re: Capacitors Antitrust Litigation

    U.S. Dist. Court, N. Dist. CA (2014), 14MD3264

    Represent Flextronics International USA, Inc., as an opt-out plaintiff, against defendants which include many of the world’s largest suppliers of electrolytic capacitors globally for an alleged conspiracy to fix the prices of capacitors between 2002 and 2010.  The alleged conspiracy harmed Flextronics because it paid supra-competitive prices for the batteries it purchased during the relevant class period.  Discovery is ongoing in the matter and several defendants have settled with the class for tens of millions of dollars.

  • In Re: Lithium Ion Batteries Antitrust Litigation

    U.S. Dist. Court, N. Dist. CA (2013), 13MD2420

    Represent Flextronics International USA, Inc., as an opt-out plaintiff, against defendants which include many of the world’s largest suppliers of lithium ion batteries globally for an alleged conspiracy to fix the prices of lithium ion batteries between 2000 and 2011.  The alleged conspiracy harmed Flextronics because it paid supra-competitive prices for the batteries it purchased during the relevant class period.  Discovery is ongoing in the matter and several defendants have settled with the class.

  • American Enterprise Bank v. A. Becker and D. Schroeder

    Circuit Court of Lake County (2014)

    Three week bench trial for claims of breach of fiduciary duty and negligence against former bank management and board of directors relating to the improper oversight and issuance of Small Business Administration (SBA) loans totaling over $10 million.

  • Amsted Rail Co. v. Siemens Industry, Inc.

    Circuit Court of Madison County, IL (2013)

    Obtained successful settlement of plaintiff’s claims for breach of warranty on behalf of Siemens Industry, Inc. while Siemens’ motion to dismiss all claims was pending before the court.

  • Bechtel Power Corp., et al. v. Athens Generating Corp., et al. v. Siemens Westinghouse Power Corp.

    Arbitration in Washington, D.C. (2009)
    Achieved verdict of "not guilty" for client Siemens Westinghouse Power in arbitration of construction claims brought by Athens Generating seeking tens of millions of dollars in delays and liquidated damages. Siemens supplied combustion turbine generators and other equipment to a power plant in New York owned by Athens. When delays derailed the construction schedule, the general contractor, Bechtel, sued Athens for liquidated and other damages. Athens sought contribution or indemnity from Siemens. After a hearing spanning periods over more than three years, the arbitration panel found that Athens was entitled to no relief from Siemens by way of contribution, indemnity or otherwise.

  • Confidential Arbitration

    Represented software company in a two week arbitration against company's former law firm, a top 100 firm, on claims of breach of contract, breach of fiduciary duty and malpractice stemming from the law firm's representation of the company in a patent infringement lawsuit. 

  • Confidential Arbitration

    Represented manufacturer of energy control systems in a six-week arbitration before an American Arbitration Association panel in New York. Hearing involved testimony from numerous witnesses and experts focusing on whether certain mechanical components met the stated specifications in the contract.

  • Indiana Michigan Power Co. v. Siemens Energy, Inc.

    U.S. Dist. Court, S. Dist. OH (2012)

    Successfully obtained a dismissal on behalf of Siemens Energy, Inc. of plaintiff’s claims for breach of contract and breach of warranty.  Siemens’ counterclaims for breach of contract, declaratory judgment and unjust enrichment are still pending.

  • Imo Industries, Inc. v. Siemens DeMag Delaval Turbomachinery

    Court of Chancery for the State of Delaware, New Castle County (2005)
    Secured summary judgment for defendants Mannesmann Corporation and DeMag Delaval Turbomachinery on a counterclaim for contractual indemnity of asbestos claims under an asset purchase agreement. Judgment was affirmed by the Delaware Supreme Court.

  • Confidential Legal Malpractice Matter

    Represented prominent Chicago law firm in a six-week bench trial involving legal malpractice claims. Case stemmed from advice provided to a client regarding security law claims against an investment banking and brokerage firm.

  • Zeller Realty Corp. v. AXA Equitable Life Insurance Co.

    Circuit Court of Cook County, Ill.
    Represented defendant in a breach of contract and fraudulent concealment lawsuit stemming from the sale of a large commercial building.  Following a two-week jury trial, the co-defendant settled with plaintiff which resolved the case.

  • Franchise Agreement Matters

    American Arbitration Association
    Represented national real estate franchisor in numerous arbitration matters stemming from breaches of franchise agreements by franchisers throughout the United States. Since 2008, has won more than $5 million in arbitration awards following American Arbitration Association hearings.

  • Forsythe Solutions v. Nexgen Corporation

    Circuit Court of Cook County, Ill.
    Represented plaintiff in a lawsuit for breach of a non-compete agreement against a former subcontractor of an information technology firm.  Following trial, the judge found in favor of plaintiff and awarded damages for defendant's breach of non-compete agreement.

  • Neoforma Inc. v. MedXS Solutions, et al.

    U.S. District Court, Northern District of Illinois
    Represented the plaintiff in a breach of contract lawsuit involving the sale of a business to the defendants. Following summary judgment motion filed by plaintiff, the case settled.

  • 1350 Lake Shore Associates, LLP v. City of Chicago, et al.

    Circuit Court of Cook County, Ill., and Illinois Appellate Court
    As co-counsel, successfully represented a group of private land owners at trial in opposition to a large real estate project in a historic district of Chicago that violated local building ordinances.

  • Braun Consulting Inc. v. Inforte Corporation, et al.

    Circuit Court of Cook County, Ill.
    Represented an information technology firm in a successful lawsuit against former employees for breach of a non-compete clause in an employment contract.