Cases
Experience: Business Litigation & Class Actions: Counsel for one of the nation's largest retailers in a series of putative class actions in state
federal courts nationwide
defeated all class certification motions in both trial
appellate courts.
Retained after a 49-state class had been certified, obtained summary judgment on all claims,
successfully defended the judgment on appeal.
Counsel for one of the nation's largest apparel retailers
succeeded in dismissing all putative class action claims.
National defense counsel for an international manufacturing conglomerate.
Defended one of the world's largest financial institutions in complex bankruptcy proceedings
obtained dismissal of claims in excess of $60 million.
Represented a Canadian pension fund/portfolio fund manager in three simultaneous actions
defeated fraud
failure to lend claims in excess of $100 million.
Represented a billion-dollar computer corporation in a suit for licensing fees brought by a software developer. After minimal discovery, created
implemented a unique Med-Arb ADR format that reduced the client's potential fees by half
resolved the case in one day at less than a third of plaintiff's dem
.
Real Estate Litigation (including REITs): Represented a national commercial real estate conglomerate
REIT advisor in an ACLU First Amendment test case of first impression against owners/operators of regional shopping centers. Primary responsibility for case management
strategy
author of all written submissions, including winning summary judgment pleadings.
Represented a national commercial real estate conglomerate
REIT advisor in a class action race discrimination
Fourth Amendment case. Stayed plaintiffs' motion for preliminary injunction
denying class certification, leading to a favorable settlement.
Represented the owners of two major Colorado ski resorts in a zoning dispute with the local community over a proposed multimillion-dollar real estate development
second-chaired trial that struck down Snowmass Village's Master Plan as unconstitutional.
Product Liability: Represented a national chemical manufacturer in a wrongful death action
provided consulting services on its failure to warn litigation nationwide. Responsible for obtaining summary judgment based upon innovative defense of first impression in Illinois: whether the Federal Hazardous Substances Act preempts common law failure to warn causes of action. Defended this judgment in the Appellate Court of Illinois
the Illinois Supreme Court, resulting in the elimination of a cause of action previously recognized under Illinois law,
then defeated a Petition for Writ of Certiorari in the United States Supreme Court.
