Cases
Experience: Real Estate
Construction Litigation: Representation of owner in a $15 million construction
mechanics lien dispute over the buildout of private schools on Chicago property.
Representation of one the largest movie theater companies in Latin America in connection with U.S. litigations regarding leases
guaranties, resulting in significant victories
resolutions, largely reducing the value of the outst
ing claims against the company.
Represented remediation contractor in fee dispute involving change order work for major environmental river remediation project. Client awarded in excess of $10 million in damages.
Obtained equitable adjustment of over $2.3 million for fire
gas protection subcontractor in multimillion-dollar equitable adjustment claim arbitration for natural gas liquefaction project.
Represented company that purchased fraudulent multimillion-dollar loans in recovery of proceeds
assets, including resolving
discharging multimillion-dollar mechanics liens for the sale of several hotels in Florida, Illinois
New Jersey.
Represented Amstar as part of a multi-office team in completing a complex construction settlement for the iconic luxury residential tower designed by Daniel Libeskind in the Central Business District of Warsaw, including settling parallel civil, criminal
arbitration proceedings in multiple foreign jurisdictions
entering a new construction contract with the general contractor.
Represented owner regarding the construction of its Glendale Heights medical facility
resolution of mechanics liens for the completion of the construction.
Represents independent contractors of the U.S. Department of Housing
Urban Development (HUD) that assist HUD in the management
selling of low-income housing in a wide range of litigation in both state
federal courts, including, but not limited to, administrative, contract, discrimination
constitutional issues.
Represented investor client who entered into option agreement not recognized by defendant investors to manage
purchase mixed use property.
Obtained dismissal for a luxury hotel owner of contract
tort claims brought by a former project manager
general contractor in Arizona
Missouri federal courts after its termination from a $125 million construction project.
Obtained summary judgment in a declaratory judgment action for Saks, Inc., allowing it to exercise an early termination option as the anchor tenant of a mall, saving it over $2.5 million in future lease payments.
Obtained summary judgment for tenant regarding lease dispute where the prime lease was terminated
therefore sublease was void as matter of law, subtenant was able to vacate premises
save over $1 million in rent, taxes
other charges.
Represented Manteca Lifestyle Center, LLC, in trial
settlement in the United States District Court for the Eastern District of California regarding development of the shopping center
satisfaction of the co-tenancy condition, resulting in termination of lease dispute.
Obtained summary judgment for the ground lease tenant of a shopping center against various alleged breach claims
further summary judgment against the l
lord for breach of the covenant of quiet enjoyment, including an injunction against future lawsuits
sanctions.
Obtained summary judgment in a declaratory judgment action
affirmed in the Appellate Court for Co-Op owner
shareholder regarding the allocation of space between Co-Op apartments.
Represented owners, general contractors
lenders in construction disputes
mechanics liens, including the primary lender in a $34 million lien dispute over the condo conversion of the Palmolive Building in Chicago.
H
led construction-related matters for the Illinois Sports Facilities Authority related to Cellular One Ballpark.
H
le lease disputes related to shopping centers for companies including Sears, Roebuck
Co., Kimco Realty Corporation
Poag & McEwen.
Real Estate Class Action Litigation: Represented owner
management company of multi-unit residential apartment complex in Arlington Heights, Illinois against class action by lessees on behalf of multiple putative classes asserting multiple violations of Illinois l
lord-tenant statutes, including allegations of nonpayment of interest on security deposits, improperly substantiated deductions from security deposits,
improper or disproportionate billing practices with respect to utility
trash removal, which resulted in favorable settlement of the class action.
Bank
Mortgage Litigation: Supervise
represent major national banks, mortgage companies
servicers on contested commercial
residential foreclosures.
Obtained dismissal of injunction lawsuit against Bank of America that sought to stay foreclosures due to federal Consent Judgment.
Obtained dismissal of amended mechanics lien due to Cordeck ruling on the application of amendments of liens on third party lenders.
Defeated quiet title challenge by borrower claiming the bank violated the Illinois Mortgage Rescue Fraud Act.
Secured priority for Bank of America over government tax lien in foreclosure lawsuit.
Insurance/Reinsurance Litigation: Obtained summary judgment on behalf of a GE subsidiary reinsurer in the United States District Court for the Northern District of Illinois with respect to the late notice of approximately $10 million of Personal Injury Protection claims under the parties' long-st
ing reinsurance treaty.
Defended, as part of litigation team, the State of Illinois
the Illinois Department of Insurance against a multi-million dollar challenge to insurance taxes on out-of-state insurance companies before the Illinois State Court
the Appellate Court.
Represented, as part of litigation team, a French reinsurance company in an arbitration
favorable settlement on claims of rescission
misrepresentation against the reinsurer with respect to disclosure requirements
treaty violations.
Assisted in the representation of a luxury hotel property owner in a coverage dispute for over $70 million in property
business interpretation coverage from over a dozen London primary
excess insurers, as well as three brokers, on the single largest claim arising out of Hurricane Lenny in the British Virgin Isl
s, resolving lawsuits in both Texas
London.
Miscellaneous Litigation: Represent minority members/shareholders in various oppression, fiduciary duty,
buy-out cases, including trial for minority LLC members in DuPage County resulting in favorable settlement.
Represents companies
executives in trade secret misappropriation
breach of non-compete, non-solicitation
employment agreement disputes, including obtaining dismissal for RadioShack Corp. against claims of breach of non-solicitation of employees of former company
tortious interference.
Argued before the Sixth Circuit Court of Appeals on a packaging trademark violation.
Obtained preliminary injunction/specific performance on behalf of a sausage casing company under the U.C.C. for production under output contracts.
