LITIGATION
-
Successfully defended international corporation in federal
lawsuit for emergency injunctive relief with claim for damages
in excess of $6.0M for alleged breach of contract, trade
secret misappropriation and tortious interference with contract
(defeated action for injunction and negotiated settlement
with no damages paid).
- Represented
shareholder and corporation in successful defense of lawsuit
from minority shareholders involving claims for damages
and equitable relief for breach of fiduciary duty, accounting,
malpractice and reformation of shareholder agreement with
claims in excess of $3.0M (obtained dismissal on summary
judgment in favor of clients).
-
Successfully prosecuted multi-jurisdictional preliminary
injunction and damages action on behalf of industrial manufacturing
business in trade secret misappropriation, breach of contract,
fraud, tortious interference with contract and breach of
fiduciary duty action (obtained preliminary injunction against
defendants).
-
Successfully defended majority stakeholders of limited liability
company against minority stakeholder arising out of suit
for theft of intellectual property, breach of contract,
breach of fiduciary duty and accounting resulting in judgment,
collection of monetary damages and transfer of departing
equity holder's claims to the principal asset (intellectual
property of software system) of L.L.C. to remaining stakeholders.
-
Successfully prosecuted multi-jurisdictional preliminary
injunction and damages action on behalf of health care provider
in trade secret misappropriation, breach of contract, fraud,
tortious interference with contract and breach of fiduciary
duty action (obtained preliminary injunction against defendants).
- Joint
representation of defendant owner and employee of real estate
management and broker enterprise in complex interstate action
seeking $2.0M+ in damages for fraud, conspiracy, breach
of fiduciary duty, breach of contract and violation of state
statutory obligations (defeated motion for temporary restraining
order and case settled with no damages paid)
-
Successfully defended multiple marketing companies against
class action lawsuits for violation of state and federal
statutory marketing restrictions).
- Multiple
representations of a wide range of companies, officers and
key employees of privately and publicly held companies regarding
resolution of claims for violation of Title VII, ADA, ADEA,
FMLA, and state and local statutes and ordinances before
the Department of Labor, EEOC, and the Human Rights Commission.
-
Pro bono representation of Habitat for Humanity charity
in federal civil rights suit to mandate the delivery of
certain parcels of land for development of low income subsidized
housing in suburban township of Chicago, Illinois.
-
Represented owner and corporation in action for commercial
fraud against former shareholder arising out of material
misrepresentations made in asset purchase agreement, included
obtaining Uniform Commercial Code sale, prosecution of claims
through state and bankruptcy court, and collection of damages
in post-judgment enforcement proceedings.
-
Successfully counseled four departing employees of plastic
extrusion coating manufacturer in strategic and legal considerations
in leaving employer to form competing business; representation
involved analysis of statutory, contractual and common law
implications and restrictions as well as negotiation and
defense against threats of action for temporary restraining
order (avoided litigation; no damages paid or limitations
of business activity).
-
Managed nationwide trade debt collection lawsuits for $8.0B
Fortune 500 manufacturing company.
CORPORATE
/ TRANSACTIONAL
- Represented
Chicago-based software development company in complex $6.0M
asset sale of software product line and transition of division
employees and intellectual property to California company.
Transaction involved complex cash, equity and secured transaction
elements as well as multiple intellectual property transfer
and license issues, as well as multiple employment, securities
and tax considerations.
- Represented
health care technology provider in forming strategic alliances
through license and royalty agreements, defending against
potential creditor and shareholder suits, purchase of assets
out of bankruptcy, preparation of stakeholder and revenue
producing agreements, and counseling on effectuating exit
strategy through creative sale of assets transaction.
- Multiple
representations of executives in the negotiation of employment,
severance and restrictive covenant agreements with publicly
traded and privately held employers.
-
Represented and counseled emerging specialty product manufacturer
in supply-side management, vertical integration of distribution
channels, effective operational mechanisms and negotiation
of appropriate strategic alliances to achieve market penetration
in timely and cost efficient manner.
-
Represented entertainment corporation regarding counseling
and negotiating buy-out of key shareholders, terms of new
corporate financing and secured party rights; preparation
of shareholder agreement resulting in successful accord
with new shareholder group allowing entity to proceed with
asset acquisition and improved operations.
-
Represented and counseled industrial manufacturer relating
to buy-out of key shareholder, recapitalization of company,
negotiation of material terms of recapitalization agreement
including secured creditor rights, minority shareholder
rights and specific clauses to reduce restrictions on corporation
and original shareholders ability to operate/divest business.
-
Representation of environmental remediation company in negotiation
of complex shareholder and employment agreements; materially
facilitated an efficient, economical business and legal
resolution of possible shareholder disputes and negotiations
of rights and responsibilities.
-
Advised creditors on purchase of technology concern out
of bankruptcy and venture capital/private equity financing.
-
Negotiated and closed transaction involving formation of
strategic technology-based joint venture involving complex
exclusive licensing relationships with overlapping technologies,
product and technology development agreements, and exclusive
manufacturing and distribution rights out of liquidation
in multiple jurisdictions.
- Multiple
representations of emerging entrepreneurial groups on choice
of entity, corporate formation, stakeholder agreements,
employment issues, intellectual property, financing, operational
and other start-up legal and business considerations.
|