Key Matters

  • Successful representation of plaintiffs in the trial and appellate courts in a dispute concerning the validity of an arbitration clause in a reinsurance participation agreement.
  • Successful defense of defendant company in class action on behalf of preferred shareholders alleging breaches of fiduciary duty in connection with the issuance of common stock and subsequent cash-out merger.
  • Successful defense of a class action on behalf of preferred shareholders seeking to enjoin a merger.
  • Represented plaintiff in lawsuit against the property owner seeking a declaration that the property owner breached the Management Agreement and related contracts by improperly purporting to terminate the Management Agreement and certain related contracts.
  • Successful defense of a shareholder derivative suit by preferred shareholders seeking the return of $121 million in dividends paid to common shareholders.
  • Represented a real estate developer in litigation brought by terminated executive who claims entitlement to an equity stake in an affiliated entity valued by the plaintiff in excess of $9 million.
  • Successful defense of an action seeking rescission of a real estate sales contract alleging impossibility of performance due to the credit crisis.
  • Represented plaintiff in lawsuit seeking balances due under nine facultative certificates that reinsured seven excess liability umbrella policies. The plaintiff sought prejudgment interest, reasonable attorneys’ fees, and a declaration that the defendant must reimburse plaintiff for its share of current and future losses and loss expenses under the certificates in connection with payments by plaintiff under the policies.
  • Prosecuted a claim in arbitration against insurance company for malfeasance in connection with the insurer’s handling of Workers Compensation insurance claims for a period of four years.
  • Represented limited partnership in connection with charges filed by former employee with the Illinois Department of Human Rights and the Equal Employment Opportunity Commission alleging harassment on the basis of both race and sex.

Significant Trials

During his career, Bob has been involved in more than 30 major trials and 80 reinsurance arbitrations. Significant cases include:

  • Successful appeal establishing that denial of a motion for pre-hearing security is a final order for purposes of appeal.
  • Successful defense of class-action alleging ordinance violations.
  • Affirming summary judgment for defendants in fraud and breach of contract action.
  • A bench trial in federal court enforcing an agreement to arbitrate and the companion arbitration.
  • Leading case on duty to appoint arbitrators in compliance with contractual deadlines.
  • Creditor’s standing to pursue alter ego claim against parent of insolvent reinsurer.
  • Set-off issues in insolvency and the duty to arbitrate disputes regarding set-offs.
  • Successful defense at trial of defendant in RICO action alleging criminal copyright infringement, theft, and the use of the mails in furtherance of a scheme to defraud.
  • Federal abstention in case of insurance insolvency.
  • Successfully represented the defendant in an action alleging violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5.
  • Leading reinsurance case on the finality of settlements.
  • Summary judgment in favor of a government authorized liquidator for conversion against controlling shareholder.
  • Jury verdict for plaintiff affirmed by U.S. Supreme Court in an often-cited antitrust price-fixing case.