Cases
Experience: Sports Law: Served as lead trial counsel for Florida State University (FSU) in the following matters against the Atlantic Coast Conference (ACC) regarding the potential exit of FSU from the ACC, the ACC Constitution
Bylaws
its Grant of Rights, athletic media rights
revenue distribution,
the ACC exit penalty, including: Florida State University Board of Trustees v Atlantic Coast Conference, Leon County, FL, Case No. 2023 CA 002860
Atlantic Coast Conference v. Board of Trustees of Florida State University, Mecklenburg, NC, Superior Court, Case No. 23CV040918-590
Florida State University Board of Trustees v Atlantic Coast Conference, Florida 1st District Court of Appeals, Case No. 1D20244-2386
Atlantic Coast Conference v. Board of Trustees of Florida State University, North Carolina Supreme Court Appeal, 26th District, Case No. 124A24.
Represented Darnell Autry in litigation against the NCAA (Autry v. NCAA) regarding Autry's name, image
likeness to preserve Autry's eligibility, causing the NCAA to amend the applicable rule now known as the 'Autry Amendment.' More than 30 years ago, Darnell Autry fought the NCAA about his name,
image
won, https://www.usatoday.com/story/sports/ncaaf/2019/10/18/
darnell-autry-fought-ncaa-over-name-image-won-20-years-ago/4009220002/
In Colorado state court, lead trial counsel to world-champion
Olympic free-style skier Jeremy Bloom in his case, Jeremy Bloom v. NCAA. In that action, Bloom sought to protect
exploit his name, image
likeness
to secure eligibility to play college football for the University of Colorado as a wide receiver
punt returner while maintaining his vocation as a professional skier through sponsorships,
pursuing his television, film
professional modeling opportunities. https://www.nytimes.com/2002/07/30/sports/college-football-olympian-sues-to-play-football-
-keep-his-endorsements.html
Represented
advise both student-athletes
NCAA member institutions on Name, Image
Likeness (NIL) issues.
Represented the football coaching staff (including Head Coach) of a Power Four conference member institution in an investigation by the NCAA Enforcement Staff, presenting the Head Coach
two assistants for testimony before the NCAA Enforcement Staff.
Represented principal actors
targets in multiple NCAA investigations involving accusations of major infractions, including appearing before the full panel of the NCAA Committee on Infractions.
Represented a national award-winning student-athlete at his football position in an NCAA investigation which threatened to strip him of his eligibility to participate during his award-winning senior year.
Represented several amateur athletes in successful challenges to their National Letters of Intent (NLI's).
Successfully represented quarterback transfer from Notre Dame to Northwestern against the NCAA (Kustok v. NCAA), obtaining his eligibility to play at Northwestern immediately.
Successfully represented dozens of amateur student-athletes to restore eligibility taken by the controlling athletic Association, both at the college
high school levels, including through litigation
actual trials.
In Illinois state court, served as lead trial counsel securing injunctive relief providing for the eligibility of four Sudanese high school student-athletes. The eligibility obtained in this representation ultimately contributed to Mooseheart's lone Illinois State Championship which was in the sport of Boys Basketball. *Mooseheart Child City & School, Inc. v. Illinois High School Association ('IHSA').
Consulted clients in Arkansas, California, Colorado, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Rhode Isl
, Tennessee, Texas, Washington
Wisconsin, as well as internationally (Pol
, Bosnia-Herzegovina
Africa) on sports law questions, including athletic eligibility.
In De LaSalle Institute, et al. v. Illinois High School Association(IHSA), lead trial counsel of a team that succeeded on behalf of 37 Illinois private high schools in obtaining a Consent Decree that dissolved the Illinois High School Association Board's enrollment multiplier.
Tried the case of Todd Townsend v. IHSA to gain the eligibility of Townsend to compete in basketball after transferring to New Trier High School. Subsequent to the case, the IHSA rewrote the transfer rule. Townsend received a full scholarship to Marquette University
was a starter for Marquette on its last Final Four team.
Retained by a high-profile sports agent with respect to the loss of amateur eligibility questions concerning a college baseball pitching prospect,
consulted on a number of issues with prominent Chicago-based professional sports agency.
Commercial Litigation
Arbitration: Acted as lead trial counsel for real estate LLC in litigation regarding a 300-year ground lease pertaining to a 57-acre parcel of l
in the urban Chicagol
area.
Acted as lead counsel representing a publicly traded company in a multimillion-dollar arbitration in Orange County, California concerning a substantial materials supply contract.
Served as trial counsel in New York state court for several former officers
directors of a Hollywood studio against claims of mismanagement of financing of several films.
Served as lead counsel for a Big Ten University in a lawsuit filed pertaining to the administration of the University's 403(b) retirement plans.
Served as lead trial counsel in Los Angeles with respect to claims of fraud
misrepresentation concerning production of a Hollywood film.
Represented a Tier I automotive parts supplier in a breach of warranty claim against a Tier II automotive parts supplier in a claim involving brake pedal rods,
secured a multimillion dollar award on behalf of client.
Represented a global media company in multiyear litigation involving several disputes over a multimillion dollar film financing slate.
Three H Enterprises, L.L.C. v. Advanced Environmental Recycling Technologies, Inc., et al. In Texas federal court, won trial verdicts, including an award of more than $750,000 in attorneys' fees, in a theft of trade secrets dispute over the use of valuable technology involving the manufacturing process for composite wood products combing polyethylene
wood fiber.
Securities
Investment Company Act Litigation: Served as lead counsel for Investment Company in multiple actions (including putative class actions) in both federal
state court pertaining to the short volatility trading strategy
practices of the Investment Company.
Served as counsel to the former Chairman of the SEC in connection with an independent investigation involving a large, Midwestern mutual fund complex under scrutiny by various federal
state regulators for claims of market-timing
late trading.
Enron Creditors Recovery Corp. (formerly Enron Corporation). Served as counsel to the Board of Directors of Enron overseeing
assisting in the coordination of several substantial litigations pending in various forums, including Illinois, Texas
New York. Served as lead trial counsel for Enron in cases litigated in Illinois
Texas.
In re OSG Securities Litigation. Served as lead counsel representing the former controller of a large international shipping company in an SEC investigation into the company's accounting practices which led to a large restatement
provided same representation in the related securities fraud class action
professional liability litigation. The SEC investigation generated Wells Notices to several targets including the former controller. GT obtained a termination letter from the SEC with respect to the controller, while all the remaining targets were named as defendants in an SEC enforcement action.
Williams, et al. v. WMX Technologies, Inc., et al. Represented WMX in a securities fraud putative class action alleging violations of Section 10
Rule 10b-5,
Section 20 of the Securities
Exchange Act of 1934 in connection with l
fill availabilities. A panel of the Fifth Circuit granted defendants' petition for leave to file an interlocutory appeal of the trial court's decision denying defendants' motion to dismiss on Rule 9(b)
12(b)(6) grounds. The Fifth Circuit reversed the trial court
ordered that the case be dismissed with prejudice.
Securities
Exchange Commission v. Dean L. Buntrock, et al. Represented Dean L. Buntrock, former Chief Executive Officer of Waste Management, in an SEC enforcement action in the Northern District of Illinois.
Presented more than a dozen Independent Trustees
agents of Investment Company Act entities, as well as more than a dozen officers
directors of publicly traded companies, for testimony before the SEC in connection with formal
informal investigations.
In re Oppenheimer Champion Income Fund
Core Bond Fund Securities Fraud Class Actions. Represented the Oppenheimer Champion Income Fund
Core Bond Fund
all of its Independent Trustees in a putative securities class action consolidated in the District of Colorado. The lawsuit alleged defendants failed to disclose that the Funds altered their conservative investment strategies
invested in high risk derivatives in violation of Sections 11, 12(a)(2)
15 of the Securities Act of 1933
Sections 10(b)
20(a) of the Securities Exchange Act of 1934
Section 13(a) of the 1940 Act.
In re Waste Management, Inc. Securities Litigation. Represented a former Chief Executive Officer
a former Chief Financial Officer of Waste Management, Inc. in a putative class action involving claims of alleged securities fraud concerning company financial statements. Obtained a then-unprecedented ruling entering a contribution bar immunizing his clients from contribution liability under the Private Securities Litigation Reform Act ('PSLRA').
Kriendler v. Chemical Waste Management, Inc., WMX Technologies
Philip B. Rooney. Co-counsel for all defendants in three consolidated shareholders' class action lawsuits brought against WMX Technologies
a WMX subsidiary, Chemical Waste Management. Obtained a dismissal of the class action complaint with prejudice at the pleading stage.
Internal Investigations: Recently completed successful internal investigation for a NYSE-traded company to uncover a multi-million dollar internal corporate theft in Company's foreign division, working h
-in-h
with the forensic team of a Big Four accounting firm.
Performed internal investigation of Texas manufacturing facilities of a publicly traded company regarding claims of discrimination
disparate treatment based upon sexual orientation.
Conducted a confidential internal investigation pertaining to several compliance issues of a large non-profit health system that provides comprehensive health care services in the Midwest through hospitals, ambulatory surgery centers
various outpatient locations.
Orchestrated
directed a highly confidential internal investigation of an international publicly traded company with respect to recurring inventory write-downs over a several-year period
over several locations.
Performed multiple highly sensitive internal investigations for a large, publicly traded company concerning claims of ethics violations, gender bias, discrimination
preferential treatment in the C-Suite.
Conducted multiple internal investigations for colleges
universities on a variety of issues.
The above representations were h
led by Mr. Rush prior to his joining Greenberg Traurig,P.A.
