Cases
Representative Cases: Trinity ET Plus Litigation: National counsel in individual
class action litigation in federal
state courts challenging the safety of Trinity's ET Plus guardrail system. Lead trial counsel in selected matters alleging serious personal injuries or wrongful death. Lead counsel in Southern District of Illinois class action dismissed with prejudice during class certification briefing. Litigation pending.
Opiate Litigation: National counsel for Walgreens in state court
federal multidistrict opiate litigation brought by plaintiffs against various classes of defendants.
Outcome Health: Lead counsel for prominent venture capital firm in fraud, rescission,
unjust enrichment litigation in New York
Delaware relating to Outcome Health. Successful settlement that included a restructuring.
Spoofing Litigation: Represented whistleblower investment firm in CFTC action accusing a trading firm
its founder of market manipulation known as spoofing. Northern District of Illinois. Case settled between CFTC
trading firm.
Confidential Financial Firm Matters: Represented financial firms
their senior executives in a variety of confidential domestic
international regulatory, employment,
other confidential disputes.
Divorce Litigation: Co-lead counsel in divorce
related proceedings challenging the validity of a premarital agreement. Matter settled during negotiations initiated by the Court at the start of trial.
Imprelis Litigation: Lead counsel for DuPont in product liability litigation, including putative class actions, alleging damage to more than 35,000 properties caused by DuPont's Imprelis herbicide. MDL in Eastern District of Pennsylvania. Litigation settled.
Various Plaintiffs v. Citadel: Co-Lead counsel for Citadel in various purported securities class actions brought against exchanges, broker/dealers,
trading firms. Cases pending in Southern District of New York. Cases dismissed against Citadel.
Confidential Insurance Recovery Litigation: Co-lead counsel for a leading United States company in confidential insurance recovery litigation in arbitrations seeking hundreds of millions of dollars in coverage under the Bermuda Form. Recoveries achieved exceeding $500 million.
LaPlant vs. Northwestern Mutual (W.D. WI.): Lead counsel for Northwestern Mutual in purported class actions alleging breach of contract
breach of fiduciary duty arising out of the determination of dividends for certain annuities. Entered case after plaintiffs' sought damages after winning declaratory judgment trial in state court with a different firm representing Northwestern Mutual. Case was removed
the federal district court rem
ed to state court. Entered appearance for Northwestern Mutual
obtained appellate review in the Seventh Circuit,
successfully argued (against David Boies) for reversal of district court rem
order, keeping the case in Federal Court. Case subsequently settled.
Teflon Litigation: Lead counsel for DuPont in an MDL comprised of 23 alleged class actions brought on behalf of consumers who claimed to have purchased cookware coated with Teflon
other non-stick coatings manufactured by DuPont. MDL in Southern District of Iowa. Class certification denied in all matters. Plaintiffs' petition for appeal rejected by the United States Court of Appeals for the Eighth Circuit. All cases dismissed with prejudice.
Aspirin Combination Products Litigation: Lead counsel for Bayer in an MDL comprised of 11 alleged class actions relating to Bayer aspirin combination products. MDL in Eastern District of New York. Litigation settled.
YAZ /Yasmin Personal Injury Litigation: Lead counsel for Bayer in litigation alleging personal injuries caused by YAZ
Yasmin oral contraceptives. MDL in Southern District of Illinois.
Baycol Qui Tam: National counsel for Bayer in qui tam litigation brought by a former employee relating to Baycol. MDL in District of Minnesota.
Swidler v. Georgia-Pacific Gypsum LLC: Lead counsel for Georgia-Pacific in putative class action alleging that building products manufactured by Georgia-Pacific caused damage in consumers' homes. Case dismissed.
Vioxx Litigation: Represented Merck in MDL litigation relating to withdrawal of Vioxx . One of four lawyers principally responsible for negotiating settlement of Vioxx personal injury cases. MDL in Louisiana.
Baycol Litigation: National counsel for Bayer in litigation resulting from withdrawal of Baycol . Cases pending throughout country. MDL in District of Minnesota.
PPA Litigation: Represented Bayer in litigation brought by plaintiffs alleging that they suffered strokes after ingesting Alka Seltzer Plus medicine containing PPA. Cases throughout the country. MDL in Washington. Bartlit Beck achieved a defense verdict in each case it tried.
Coumadin Litigation: National counsel for DuPont in antitrust
unfair trade practices class actions concerning DuPont's marketing of the medicine Coumadin . MDL in Delaware. Cases settled.
B
ag, Inc. v. Michelin: Represented B
ag in action against Michelin alleging that Michelin used illegal tactics to induce B
ag franchisees to breach agreements with B
ag. Counterclaim by Michelin for Antitrust
Lanham Act violations. Preliminary injunction sought by Michelin denied. Case settled during trial.
In Re Factor VIII or IX Concentrate Blood Products Liability Litigation: Represented Alpha in wrongful death
personal injury suits throughout the country claiming that hemophiliac plaintiffs contracted HIV virus through use of Alpha's blood clotting medicine. Trial
strategic counsel for Alpha, co-trying cases to defense verdicts in Houston, Texas (2 plaintiffs)
St. Louis, Missouri (3 plaintiffs).
Confidential Real Estate Dispute: Lead counsel for an international hotel
resort company in a contractual dispute with a nationally known real estate developer relating to the developer's alleged breach of a purchase
sale agreement. Dispute resolved without litigation.
Medline Arbitration: Co-lead counsel for Medline in arbitration alleging that seller of a business to Medline provided false financial statements. Case settled in Medline's favor after arbitration notice served.
Confidential Pharmaceutical Mediation: Represented pharmaceutical company in matter claiming substantial damages stemming from alleged antitrust violations, breach of contract, tortious interference,
fraud involving the alleged monopolization of the active ingredient used to manufacture client's medicine. Case settled on favorable terms involving a supply agreement providing present
future payments to our client of at least $30 million.
Confidential Litigation Counseling: Advised multinational pharmaceutical company on a potential dispute concerning development
marketing rights with respect to a potential blockbuster drug. Litigation avoided.
Retired Andersen Partner Litigation: Represent Deloitte & Touche in purported class action brought by retired Arthur Andersen partners. Case dismissed. State court in Indianapolis, Indiana.
Confidential Real Estate Matter: Advised real estate investment group on potential dispute with its largest investor. Resolved amicably, with negotiated purchase of investor's interests.
Breeding v. DuPont Pharmaceuticals Company: Defended DuPont in a products liability action based on alleged failure to warn physician
consumer concerning risk relating to blood thinning medicine. Case settled.
E-Victor v. Bio Technologies for Horticulture, Inc.: Represented Bio Technologies for Horticulture, Inc. in an international arbitration involving an alleged breach of a development
distribution agreement. Case settled during mediation.
Barr Laboratories, Inc. v. DuPont Merck Pharmaceutical Company: Defended DuPont in an antitrust case brought by generic drug manufacturer in New York Federal Court for alleged monopolization of the market for blood thinning medicine. Motion to dismiss based on First Amendment protection for petitioning activity granted in part. Case settled.
American Credit Indemnity Company v. R.H. Donnelley: Defended Dun & Bradstreet in a breach of contract dispute brought in Delaware Chancery Court arising out of tax sharing
stock purchase agreements. Case settled.
Circus Circus v. Mirage: Represented Circus Circus in breach of contract actions in New Jersey
Las Vegas concerning the proposed development of a hotel/casino complex in New Jersey. Cases settled.
Lockheed Martin Corp. v. Silicon Graphics, Inc.: Defended Silicon Graphics, a leading producer of computer graphics equipment, against claims of patent infringement relating to various methods for computer generation of video images in three-dimensional space. Case settled.
Nichols Aluminum v. Morton International: Represented Morton International (a subsidiary of Rohm
Haas) in a negligence action brought in Illinois State Court based on alleged negligence in the manufacture of coatings for aluminum coils. Motion to dismiss granted in Morton International's favor.
Bourke et al. v. Dun & Bradstreet: Defended Dun & Bradstreet in a dispute brought by former executives claiming breach of contract based on terms of an incentive compensation program. Motion to Dismiss granted in Dun & Bradstreet's favor. Affirmed by Seventh Circuit.
Chiron Corporation: Represented Chiron in threatened patent dispute concerning polynucleotide probe assay. Suit never filed.
