Representative Cases

• Construction: action for fraudulent concealment and rescission based on faulty construction and chronic flooding of single-family residence
• Contract, Non-Compete and Fraud: dispute over sale of scrap iron business and breach of seller’s non-compete covenant alleging fraud and seeking punitive damages; settled during trial
• Class Action, Biometric Information Privacy Act (BIPA): has facilitated numerous settlements in privacy class action cases involving various BIPA violations, such as the collection, use, storage and retention of biometric identifiers and information without informed written consent, the disclosure and dissemination of such data without proper consent and the failure to create publicly available retention schedules and destruction guidelines for such data
• Class Action, Contract and Fraud: settled hundreds of claims against laser hair restoration sales company alleging fraud, breach of contract and rescission
• Condominium Board Dispute and Fiduciary Duty: dispute between condominium board and unit owner regarding unlawful contracts awarded to family members of condominium board president in violation of state law
• Contract: mediated case involving claims of breach of contract over supposed failure to pay the full sum of collected fees owed for services provided; settled for $1.03 million
• Employment: Settled a dispute involving claims that defendant failed to inform the plaintiff and other employees of the collection and use of their sensitive biometric data protected under BIPA
• Fiduciary Duty, Insurance Coverage and Fraud: extremely complex case which stemmed from the 2007-2008 US economic meltdown; large insurance company sought to rescind coverage of hundreds of thousands of second lien mortgage loans and lines of credit based on fraud in underwriting process; counterclaims sought damages in excess of $700 million; case involved 20 attorneys from across the US; resolved entire matter on the eve of trial
• Fraud: case involved the Uniform Fraudulent Transfer Act; action to recover fraudulent transfers made by husband to his adult children to avoid payment of $18 million default judgment in a divorce case
• Government: county treasurer brought claim against suburban municipality to recover mistaken double payment of annual tax distribution to village; settled quietly avoiding potential embarrassment
• Government: case involved Tax Increment Financing (TIF) dispute regarding industrial park; claims by municipality against developer of industrial park for breach of complex TIF agreement and demands for disgorgement of $25 million TIF subsidy
• Government: road closure by village effecting access to industrial park; claims by landowners against village for violation of due process, eminent domain and economic damages

• Government: dispute between police pension fund and village regarding failure to remit tax levy funds in accordance with statute and actuarial opinion; settled by borrowing funds, thereby avoiding a politically untenable voter referendum
• Non-Compete: case involved a dispute between competing dealerships of a top-tier motorcycle manufacturer over the services of a key salesman with a cult-like customer following and the validity of a non-compete agreement
• Non-Compete and Trade Secrets: disagreement between highly compensated executive and company involving executive going to work for competitor and downloading trade secrets on the way out the door
• Partnership: parties were involved with ‘flipping’ 500-600 properties based on an oral agreement; when real estate crash occurred, defendant abandoned partnership; plaintiffs’ claims demanded contribution toward millions in losses and an accounting
• Partnership: oral agreement by attorneys to share fees and expenses regarding defense of legal malpractice claims
• Real Estate: complex easement agreement recorded by developers of two high rise condominium buildings, imposing weight limits on trucks; agreement prevented one of the buildings from having access to easement for refuse service
• Real Estate and Land Use: case involved ownership and easement rights to advertising billboard and revenues; billboard straddled two individual properties
• Real Estate: claims of interference with easement of support on a party wall and violation of municipal code; case arose from the excavation by landowners of 140-year-old rowhouse in upscale area of city
• Retaliatory Discharge and Wrongful Termination: corporate officer sought damages for retaliatory discharge and wrongful termination after filing a shareholder derivative suit against corporation
• Trusts and Estates: mediated case regarding whether defendants were considered co-trustees of an estate and the extent to which they violated fiduciary duties; settled for $540,000
• Trusts and Fiduciary Duty: claims by beneficiaries against trustee (second wife) alleging conversion and breach of fiduciary duty in the dissipation of $1.5 million in trust assets from 92-year-old owner of trust
• Uninsured & Underinsured Motorist: mediated case involving motor vehicle accident with uninsured defendant, resulting in sternal and vertebral fractures, epidural hematoma and placement in a knee immobilizer; settled for $255,000