Cases
Representative Matters: Intellectual Property: Lead defense counsel for global igaming operator in patent infringement suit directed against use of geolocation services to govern game configuration
access to wagering platform
alleged use of verification data stored in non-volatile memory of portable gaming devices. CG Technology Development, LLC, et al. v. 888 Holdings PLC, Case No. 2:16-cv-00856 (U.S.D.C. Nevada).
Obtained jury verdict in favor of www.sportsbetting.com, defeating claims of infringement asserted against use of wagering platform to offer games of chance to remote devices. Lottotron v.Interactive Systems, Inc. N.V., Case No. 09-4942 (U.S.D.C. New Jersey (Newark)).
Lead defense counsel in suit against manufacturer alleging infringement of patent for engine shutdown valve
breach of exclusive license. Obtain dismissal of case for failure to plead infringement occurring in United States on forum non conveniens grounds, successfully defend
argue case before U.S.C.A for Federal Circuit, obtaining summary affirmation. Tyler Research Corp. v. Envacon, Inc., Case No. 4:19-cv-00010 (U.S.D.C. Northern Dist. Indiana)
Lead defense counsel for multiple online gaming operators accused of infringing patents for multimedia communications methods allowing separation, processing
enhancement of multiple streams of multimedia data. Lewis v. Boss Media
CryptoLogic (2:03-cv-00208) (U.S.D.C. Nevada), 1st Tech v. PartyPoker
1st Tech v. IQ Ludorum (2:06-cv-00323) (U.S.D.C. Nevada).
Defend dispute over rights to invention
concept involving internet-based charitable raffle system
method. Charity Splits, et al. v. Fleraf, Inc., et al., (Cir. Ct. Cook Cty.).
Consumer Protection
Class Action: Lead defense counsel for global gaming company IGT in one of series of putative class actions filed against various leading social casinos asserting the right to recover amounts spent by players on virtual coins under the Washington State gambling loss recovery act. Benson v. Double Down Interactive, LLC, Case No. 2:18-cv-00525 (U.S.D.C., W.D. Washington).
Illinois Supreme Court argument
Opinion in favor of igaming industry position, obtaining ruling of first impression that FanDuel DFS (Daily Fantasy Sports) is not unlawful gambling in Illinois, such that loser of DFS contest on FanDuel could not maintain suit against winner under Illinois Gambling Loss Recovery Act (720 ILCS 5/28-8), in addition to adoption of predominate factor test for gambling in Illinois. Dew-Becker v. Wu, 2020 IL 124472 (April 16, 2020)(reported decision).
Successfully h
led appeal
obtained affirmance of summary judgment in favor of commercial general liability insurer against claims of unfair
bad faith settlement practices allegedly violative of G.L. c 176D
Massachusetts Consumer Protection Act, M.G.L. c. 93A. Surabian Realty Co., Inc., et al. v. CUMIS Ins. Society, Inc., Appeal No. 2018-P-0766. (Appeals Ct., Worcester Cty., Massachusetts).
Successfully defend
resolve putative junk fax class action under Telephone Consumer Protection Act. Greg's Greater Chicago Chiropractic, LLC v. Midwest Nutritional Service, Inc., 1:13-cv-06400 (U.S.D.C., N.D. Ill.).
Defending publications in putative class actions seeking damages for alleged disclosure of magazine subscription information to data aggregators
brokers in alleged violation of Rhode Isl
's Video, Audio
Publication Rentals Privacy Act. Watterson v. Consumer Reports, Inc., Case No. 18-cv-00513 (U.S.D.C. RI)
Watterson v.Trusted Media Br
s, Inc., Case No.18-cv-00520 (U.S.D.C. RI.).
Defense counsel for national residential mortgage lender against putative class action of homeowners allegedly subjected to foreclosure proceedings in violation of HUD regulations requiring notice
in-person consultation. Phan v. Carrington Mortgage Services LLC., Case No. 18-cv-00208 (U.S.D.C. RI.).
Trade Secret Litigation: Lead trial counsel, defeating $40M trade secret misappropriation claim brought by global plastics
additives manufacturer against specialty manufacturer of thermoplastic elastomers (TPE), alleging misappropriation of TPE formula
processing techniques. PolyOne Corp. v. Lu, et al., No. 14-CV-10369 (U.S.D.C., N.D. Ill.).
Obtained TRO in trade secret misappropriation
restrictive covenant case for global clinical research organization, prohibiting former Vice President hired by competitor from using trade secrets or contacting client's employees, vendors or customers, followed by successful resolution. Worldwide Clinical Trials Holdings, Inc. v. Mosher, No. 3:17-cv-00079-MAS-TJB (U.S.D.C. NJ).
Lead counsel for manufacturer of outdoor LED billboards
electronic signs in action seeking preliminary injunctive relief against competitor
departing employee for misappropriation of trade secrets
confidential information.Watchfire Signs LLC v. William Thomas Bogard, et al., No. 2:16-cv-02176 (U.S.D.C. C.D. Ill.).
Lead trial counsel for paper processing equipment manufacturer asserting trade secret misappropriation
violation of restrictive covenants against former plant manager hired by competitor. JJ Plank Co, LLC v. Bowman, 3:18-cv-00798 (U.S.D.C., Western Dist. Louisiana).
Defense of employee of global manufacturer of hearing aids, hearing aid accessories,
software in action by competitor alleging misappropriation of trade secrets by departing employee. Phonak, LLC v. Holly Dean, No.1:17-cv-06238 (U.S.D.C. N.D. Ill.).
Defended new hire of chemical company against claims of trade secret misappropriation
violation of restrictive covenants. Verichem, Inc. v. Martin
Nashville Chemical & Equipment Co., Inc., G.D. No. 12-2935 (Court of Common Pleas, Allegheny Cty, PA).
Defeated attempt of pharmaceutical clinical research organization (CRO) to prohibit employment of business development executive by competitor based upon alleged misappropriation of computer data
trade secrets
violation of restrictive covenants. InVentiv Clinical Solutions, LLC v. Crucitti, 3:12-cv-00430 (U.S.D.C., Dist. Connecticut).
Obtained injunction for global plastics compounder against employment of former lead chemist by competitor, followed by favorable confidential agreement. Pliant Corp. v. Mark Jordan, et al., No. 2009 CV 5269 (U.S.D.C. N.D. Ill.).
Successfully defend
resolve trade secret claims related to manufacturing
processing of elastic films. Tredegar Film Products Corp., et al. v. Pliant Corporation, et al., Case No. 09 L 3089 (Cir. Ct. Cook Cty.).
Obtain TRO for global plastics compounder against former executive based upon restrictive covenants
inevitable disclosure of trade secrets, followed by favorable confidential settlement. Pliant v. Wampnar, Case No. 09 CH 24366.
Obtain permanent injunction for real estate investor following misappropriation of electronic data. Synergy Financial Partners, LLC et al. v. Demeter, 1:07-cv-03079 (U.S.D.C., N.D. Ill.)
Represented manufacturer of biodegradable plastic additives in dispute with technology licensor in arbitration proceeding over trade secret, patent
breach of exclusive distribution agreement.
Commercial Litigation: Lead appellate lawyer in Illinois Supreme Court in novel case concerning subject matter jurisdiction over enforcement of agreements for placement of video gaming terminals ( VGT ). Successfully enforced exclusive agreements to operate VGTs in 27 circuit court cases, with the 5th District appellate court deciding, sua sponte, that the Illinois Gaming Board had exclusive jurisdiction over the validity of such agreements. In a decision departing from decades of prior jurisprudence, the Illinois Supreme Court found the IGB has exclusive jurisdiction over the issue of validity of contracts involving operation
placement of VGTs. J&J Ventures Gaming, LLC, et al. v. Wild, Inc., 2016 IL 119870 (reported decision).
Lead trial counsel in federal court action asserting multimillion dollar claim against VGT terminal operator for breach of settlement agreement intended to resolve claims under an earlier asset purchase agreement. AAA Gaming, LLC, et al. v. Midwest Electronics Gaming, LLC, No. 1:16-cv-04997 (U.S.D.C., N.D. Ill.).
Lead trial counsel enforcing asset purchase agreements
assignments of exclusive video gaming terminal ( VGT ) location agreements, seeking damages in excess of $15M against former manager
terminal operator for intentional interference with contract, breach of fiduciary duty
aiding abetting of same, deceptive business practices
other claims. Action Gaming, LLC., et al. v. Action Amusement Co., LLC., No. 12 CH 33360 (Cir. Ct. Cook Cty., Ill.).
Lead trial counsel in suit against the Illinois Gaming Board resulting in injunction against agency's published opinion that electronic product promotion kiosks are unlawful gambling devices because the opinion was an unauthorized rulemaking under the Illinois Administrative Procedure Act. Windy City Promotions, et al. v. Illinois Gaming Board, No. 14 LM 133 (Cir. Ct. Grundy Cty., Ill.) reported decision Windy City Promotions v. Illinois Gaming Board, 2017 IL App. (3d) 150434 (2017).
Lead trial counsel in m
amus actions asserting that Illinois Gaming Board has wrongfully refused to adjudicate validity of VGT-related agreements
failed to promulgate appropriate rules for hearing as required under J&J Ventures v. Wild Inc., 2016 IL 119870. Action Gaming LLC v. The Illinois Gaming Board, et al., No. 2018 CH 09603 (Cir. Ct. Cook Cty., Ill.)
AAA Gaming LLC, et al. v. The Illinois Gaming Board, et al., No. 2018 CH 09601 (Cir. Ct. Cook Cty., Ill.).
Represented electronic product promotion kiosk distributor in action against manufacturer
affiliates for breach of exclusive distribution agreement, non-payment of commissions
royalties,
fraud. Windy City Promotions v. Pace-O-Matic, Inc., et al., No. 2018 CH 04716) (Cir. Ct. Cook Cty., Ill.).
Obtained jury verdict in favor of global public relations agency, defeating $7 million business defamation
intentional tort claim brought by Bob Prosen following cancellation of event
Prosen's planned executive education center at University of Texas at Dallas. Business Results, Inc., et al. v. Daniel J. Edelman, Inc., No.06-05036 (Dist. Ct. Dallas Cty., Texas).
Represent building solutions conglomerate in AAA arbitration in Massachusetts with software developer in dispute over damages following termination of software development agreement. Clicksoftware, Inc. v. Honeywell International, Inc., AAA No. 01-17-0000-0163.
Suit by real estate investment fund for return of earnest money
declaration of project termination. Xian City Xinxing Investment Management Ltd. v. Arruda et al., 1:14-cv-10264 (U.S.D.C. Dist. Massachusetts).
Suit by juice manufacturer to enforce termination of license agreement
collect amounts due from licensee. Tampico Beverages, Inc. v. Central Isl
Juice Corp. et al., 1:15-cv-05808 (U.S.D.C. N.D. Ill.).
Defend manufacturer of synthetic Christmas trees in litigation by buyer for alleged fraud
product defects. Hammacher, Schlemmer & Co. v. Holiday Bright Lights, 2011 L 007647 (Cir. Ct. Cook Cty.)
Defend seller of waste recycling business in AAA arbitration in New York in dispute under clawback provision following inability to ship waste paper to China due to container shortages. Edgewater Growth Capital Partners, LP,et al. v. Greenstar North America Holdings, Inc., No. 108641/08 (Sup. Ct. NY).
Took over commercial case which had been dismissed with prejudice, obtaining reversal
reinstatement of case on appeal for abuse of discretion,prosecuted
resolved case for enforcement of grains futures trading partnership agreement. Cronin v. Kottke Associates, LLC, Case No. 06 CH 12756, 2012 IL App. 111632 (reported decision).
Represent investment bank in lawsuit in dispute over types
amounts of fees due in connection with marketing
sale of customer. William Blair & Co. v. Univar, Case No 07L5348 (Cir. Ct. Cook Cty.).
Represent investment bank in action over disputed success fee following sale
acquisition of customer. William Blair & Co. v. Allied Richard Bertram Marine Group. Inc. et al., Case No 1:09-cv-03564 (U.S.D.C. N.D. Ill.).
Represented owner of commercial real estate in suit seeking eviction
dispute over exercise of option to purchase nursing home. Oak Park Building Partnership, et al. v. N.S.T. Realty, et al., No. 10 M1 731066 (Cir. Ct. Cook Cty.).
Shareholder Derivative Claims: Represent 40% member of after-market performance car parts manufacturer asserting individual
derivative claims for breach of fiduciary duty arising from improper dilution of membership interests due to manager's issuance of new membership units to himself in exchange for release of manager's loans to the company in violation of the operating agreement
at an arbitrary valuation selected by the manager as part of a improper self-interested transaction. Lawrence Austin, et al. v. Wallace Leyshon, et al. (Cir. Ct., Lake Cty., Ill.)
Represent minority member of cannabis cultivator asserting individual
derivative claims for breach of fiduciary duty arising from improper dilution or ownership interests due to unauthorized conversion of member debt to equity, stopping proposed equity swap of company by reverse merger in violation of operating agreement
Illinois LLC Act. Successfully obtained reversal of circuit court interpretation of operating agreement on appeal to Fourth District court, confirming lack of authority to treat member debt as capital contribution. Harris Silver v. Jean-Paul St. Germain, et al., No. 2018 CH 00350 (Cir. Ct., Sangamon Cty., Ill.)(Case No. 4-20-0009
4-20-0047)(4th District appeal)
Obtained TRO for minority shareholder barring consumer point-of-sale advertiser from conducting any votes or proceeding with any acquisition, merger or other proposed transaction impacting equity, followed by favorable settlement. Dingo Mobile, Inc. v. GoGoCast, Inc., et al., No. 13-753-M-PAS (U.S.D.C. RI).
Successfully defended family owned electropolishing company against oppression claims by disgruntled shareholder through trial
obtained forced buyout of shareholder's equity on very favorable terms under Section 12.56 of the Illinois Business Corporation Act. Schewe v. Pokvitis, et al., No. 2011 L 13854 (Cir. Ct. Cook Cty., Ill.).
Defend managing partner against breach of fiduciary duty claims in real estate investment partnership
obtained right to dissolve
liquidate property. Joseph Enterprises v. Vachaparambil, et al., No. 09 CH 1932 (DuPage Cty).
Successful trial in defense of closely-held recruiting
placement agency, defeating claims for oppression
forced buyout. Cyber Search, Ld., et al. v. Eunice Sherwood, et al., No. 12 CH 31765 (Cir. Ct. Cook Cty., Ill.).
Successfully obtained buyout in AAA arbitration for 50% partner in forced dissolution due to deadlock
irreconcilable differences.
Successfully sued for oppression on behalf of 50% partner in fluid h
ling business, obtaining buyout
company's Bears season tickets.
Represented parents in dispute with adult son over title to investment properties. Fu v. Fu, 1681-cv-02497 (Middlesex Sup. Ct., Massachusetts).
