Key Matters

Complex Commercial Litigation

  • Represent leading supplier of private label food and beverage products seeking to recover damages caused by its supplier’s delivery and subsequent recall of potentially contaminated sunflower kernels.
  • Represent health insurer in dispute with federal government over its failure to make risk corridors payments under Section 1342 of the Affordable Care Act.
  • Defend satellite dish installer in putative class action by service technicians against claims alleging violations of the Illinois Wage Payment and Collection Act and the Illinois Minimum Wage Law.
  • Represented insight-driven marketing company in dispute with former employee and new employer regarding inevitable misappropriation of trade secrets and breach of employee agreement/tortious interference with contract.
  • Represented insurer seeking declaration that no coverage exists with regard to multi-million dollar settlements of certain underlying managed care disputes and that the insured has an obligation to reimburse the insurer for previously advanced defense costs.
  • Represented writer of workers compensation insurance in $1 billion dispute against industry leader regarding its fraudulent underreporting of premium.
  • Represented issuer of credit insurance policies in dispute with insured bank over the absence of coverage for claims submitted regarding defaults on home equity loans.
  • Represented purchasers of substantial quantities of corrugated products in an action for treble damages as opt-outs from class action antitrust litigation.
  • Represented real estate investment trust in litigation involving the interpretation of its commercial lease. Obtained summary judgment against the defendants’ corporate entity followed by a favorable negotiated settlement with the individual defendants.
  • Represented international manufacturer and distributor of computer software in defense of action by disgruntled end-user alleging fraud, breach of contract/warranty, and negligent misrepresentation.
  • Defended designer and distributor of advanced software applications in action brought by a former competitor for breach of contract in connection with assumption of competitor’s operation. Conducted full hearing on the merits followed by a favorable negotiated settlement.

Reinsurance Arbitrations

  • Represented reinsurer of variable annuity death and income benefits in dispute with cedent regarding contract interpretation issues.
  • Represented reinsurer in dispute over ceding company’s failure to disclose asbestos exposures at the time of placement.
  • Represented reinsurer of variable annuity death benefits in three-week arbitration hearing with cedent life insurer, including presentation of statistical and industry expert testimony.
  • Represented cedent at hearing and obtained $45 million award for losses and loss adjustment expense arising out of surety business produced by a general agent.
  • Represented reinsurer at hearing to enforce its right to receive unearned premium on a run-off basis following termination of the reinsurance agreement by the cedent.
  • Represented cedent at hearing to timely recover limits on an Aggregate Excess of Loss contract.

Counseling

  • Assist non-party recipient of CIDs/subpoenas in connection with ongoing merger investigation by the Federal Trade Commission.
  • Counseled global leader in fluid-handling technologies for pump products, dispensing equipment and other industrial products regarding changes to nationwide distribution network.