Cases
Experience: Representative Matters: Securities Litigation . Defended several Fortune 500
private companies
individual officers
directors in litigation involving claims under the federal securities laws.
SEC Enforcement Actions . Represented the former controller of a large international shipping company in an SEC investigation into the company's accounting practices. The SEC investigation generated Wells Notices to several targets including the former controller. GT successfully 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.
Investment Company Litigation . Represented numerous mutual funds
independent trustees of mutual funds in putative class
derivative actions filed in various state
federal courts across the country in cases asserting claims under Section 36(b) of the Investment Company Act of 1940.
Merger
Acquisition Litigation . Represented a plaintiff corporation seeking damages resulting from the breach of a stock purchase agreement under which the defendant was to purchase certain subsidiaries of the plaintiff for $68 million. The matter was settled on terms highly beneficial to the client one week before trial.
Commercial Litigation . Represented a Big Ten University in a lawsuit pertaining to the administration of the University's 403(b) retirement plans.
Fiduciary Litigation . Represented corporation in an action seeking to enjoin a proposed acquisition of the company on the ground that the consideration to be received by public shareholders was inadequate
the sale process was deficient.
Consumer Class Actions . Defended several consumer class action cases seeking statutory damages under state
federal consumer protection laws.
Product Liability/Commercial Tort Litigation . Represented a large manufacturer
distributor of automobile tires in numerous cases filed throughout the Midwest alleging tread defects causing roll-over accidents.
Real Estate Litigation . Represented a major real estate developer in several lawsuits involving temporary injunctive relief. In one case, the plaintiff's request to enjoin the client's construction project in a premiere building in Chicago's Gold Coast neighborhood was denied by the court. In another, the court entered a temporary restraining order preventing the seller of a valuable, high-profile commercial property from conveying the property to another buyer. The property was subsequently conveyed to the client in accordance with the original sale contract.
Minority Shareholder Oppression . Represented a minority shareholder in a graphics arts company in a shareholder oppression case that resulted in a multimillion-dollar judgment.
Breach of Warranty Litigation . Represented a defendant manufacturer of heavy industrial equipment installed in a facility in Mexico in a breach of warranty case. The case was settled for approximately five percent of the amount sought by the plaintiff.
Municipal Representation . Represented an Illinois municipality in several litigation matters relating to its redevelopment of a blighted shopping mall in a tax increment financing district, including a condemnation case to terminate a long-term lease of a tenant of the blighted mall which was settled on terms favorable to the client
a case asserting a legal challenge to the municipality's approval of planned unit development permit for the property which was dismissed by the court.
Restrictive Covenant Litigation . Defended numerous individuals
companies in restrictive covenant (non-competition
non-solicitation) litigation, including a case where the client prevailed
was awarded 100% of its defense costs by the Court after a preliminary injunction hearing.
Mechanics Lien Claims . Represented property owners,
in one case an Illinois municipality, in cases asserting mechanics lien claims.
Insurance Coverage Litigation . Prosecution
defense of significant coverage claims under commercial general liability
professional errors
omissions insurance policies.
Interlocutory Injunction Cases . Prosecution
defense of cases seeking emergency temporary
preliminary injunctive relief in cases involving corporate acquisitions, trade secret misappropriation, restrictive employment covenants, athletic eligibility
other types of claims.
Sports Law . Represented several student-athletes securing injunctive relief providing for the eligibility of the student-athletes to compete in the sport of high school basketball.
The above representations were h
led by Mr. Pentecost prior to his joining Greenberg Traurig, LLP.
Military Experience: Army National Guard, 1996-2007
Veteran, Operation Iraqi Freedom, 2003-2004
Officer, U.S. Army
Army National Guard, 1994-2007