Cases
Experience: Securities Fraud / Professional Liability: Defended developer in securities fraud class action brought by EB-5 investors alleging false statements in private offering memor
um
breach of limited partnership agreement. (N.D. Ill.) (2019-2021)
Defended advisory firm
its principals in federal enforcement action alleging breach of fiduciary duties in violation of ERISA. (N.D. Ill.) (2018-2020)
Defended company
board of directors in class action alleging that board violated corporate law
breached fiduciary duties by entering into acquisition agreement. (Cook Cty, Ill.) (2016-2019)
Defended brokerage firm in case alleging negligent provision of financial services
argued
won appeal affirming trial court's granting of motion to compel arbitration. (Ill. App. Ct. 3d Dist.) (2018)
Defended investment bank against negligence, breach of fiduciary duty,
failure to supervise claims arising under engagement agreement to find buyer for private company. (FINRA) (2016)
Defended large financial firm against state securities claims brought by Federal Home Loan Bank of Chicago, related to residential mortgage-backed securities. (Cook Cty, Ill.) (2010-2013)
Defended executive as potential witness in SEC investigation. (2010-2012)
Defended large financial firm against RICO, fraud, breach of fiduciary duty, state securities
related claims arising from services to private clients. (E.D. La.
S.D.N.Y.
Tarrant Cty, Tex.
N.D. Ill.
Harris Cty, Tex.) (2004-2010)
Defended national accounting firm in bankruptcy trustee's suit alleging audit negligence related to $16 million stock subscription. Won summary judgment before arbitration panel. (N.D. Ill., Amer. Arb. Assoc.) (2004-2006)
Defended international food company in securities fraud claims brought by bankruptcy trustee of distributor who issued fraudulent financial statements. (D. Del., E.D. Tex.) (2004-2006)
Defended international food company in SEC enforcement action. Drafted Wells submission arguing that client did not aid or abet securities violations
obtained no action letter. (2004)
Defended national accounting firm in an appeal of class certification in securities fraud class action. Won ruling requiring evidence of an efficient market prior to class certification. (U.S. Court of Appeals, 4th Cir.) (2004)
Complex Commercial: Represented Delaware limited liability company challenging forced redemption of its investment in real estate development venture for less than fair market value. (Del. Chancery) (2020-2021)
Represented technology consulting services firm in action alleging wrongful termination of licenses
consulting services agreement. (Sup. Ct. New York Cty, NY) (2020-2021)
Represented sellers in dispute under asset purchase agreement rejecting buyer's claimed grounds for retaining Holdback funds
compelling release of Holdback funds. (Del. Chancery) (2019)
Represented sellers in dispute under asset purchase agreement seeking to compel buyers to fund escrow deposit
proceed to closing on sale of companies. (Del. Chancery) (2017-2018)
Represented public company acquiror in dispute under Delaware merger agreement with private equity seller of company whose financial statements were inflated by fraud. (2015-2016)
Represented national property management company in fraud, breach of fiduciary duty, RICO
breach of contract dispute with national development firm over 50-year privatized military housing projects. (N.D. Cal.
Monterey Cty, CA
Muscogee Cty, GA) (2010-2015)
Defended national airline against contract, tortious interference
defamation claims related to termination of corporate travel agency. (E.D.N.Y.) (2009-2010)
Represented major public companies in private breach of contract disputes
mediations with their global IT outsourcing services providers. (2005-2009)
Represented national trading exchange in merger agreement challenged by shareholders
competitors. (Del. Chancery) (2007)
Represented national airline in complex contract dispute. Won declaratory judgment enforcing worldwide requirements contract for aircraft tires. (Cook Cty, Ill.) (2006)
Represented insurance company in dispute alleging breach of policy portfolio acquisition agreement
argued
won appeal. (N.D. Ill.
U.S. Court of Appeals, 7th Cir.) (2005-2007)
Defended financial firm in commercial borrowers' suits claiming that mortgage prepayment premiums were unenforceable. (W.D.N.C.) (2003)
(N.D. Ill.) (2002)
Media Law / First Amendment: Represented newspaper company in action to compel government entity to release information about security conditions at crime scene prior to a murder (Cir. Ct. Milwaukee County Wis.) (2021)
Represented newspaper company
free press organizations in amicus brief arguing for protecting privilege of news organizations to publish information released by police (Sup. Jud. Ct. Mass.) (2020)
Defended brokerage firm against defamation
tortious interference claims arising from statements allegedly made to investor about another professional. (N.D. Ill.) (2017-2018)
Advised Illinois public transportation entity about technology contracting, domain name dispute,
First Amendment st
ards related to operation of website. (2011-2016)
Represented author
documentary filmmaker in defamation
breach of partnership disputes. (2012-2015)
Represented newspaper in defamation action alleging wrongful reporting of arrest
arraignment. (C.D. Ill.
U.S. Court of Appeals, 7th Cir.) (2011-2012)
Represented newspaper in defamation action by local public official alleging liability for anonymous posting on newspaper's website
won motion to dismiss under Section 230 of Communications Decency Act. (N.D. Ill.) (2012)
Represented newspaper in petition seeking to prevent sealing of court records alleging destruction of evidence by public officials. (C.D. Ill.) (2010)
Defended national airline in false claims case alleging violations of Chicago contracting ordinances. (Cook Cty, Ill.) (2007-2009)
Defended Illinois public entity in civil rights actions about First Amendment rights at waterfront development
convention center. (N.D. Ill.) (2004-2009)
Defended Illinois public entity's award of a $50 million services contract in FOIA
public procurement litigation. (Cook Cty, Ill.) (2003)
Represented major sports leagues in amicus brief, seeking review of appellate decision striking down ordinance at two Chicago stadiums under First Amendment. (U.S. Sup. Ct.) (2003)
Some of the above representations were h
led by Mr. Hildebr
prior to his joining Greenberg Traurig, LLP.
Government Experience: Special Assistant Attorney General, State of Illinois, 2000 - 2001
