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: mediated cases involving numerous claims of violating the Biometric Information Privacy Act (BIPA) via the non-consensual collection of fingerprint information through time-keeping equipment; settled cases for $450,000, $675,000, $1.0 million and $1.2 million
• Class Action: resolved class claims relating to alleged failure by employer to comply with BIPA requirements regarding written consent, the storage and use of biometric identifiers and the lack of a retention and destruction policy for that data
• Class Action: settled a putative class action suit involving purported BIPA violations regarding the collection and storage of fingerprints and handprints of numerous current and former employees without written consent
• 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