Litigation

Barack Ferrazzano Trial Team Secures Dismissal of Multi-billion Dollar Claim in Tribune Litigation

• On January 23, 2019, a judge in the Southern District of New York dismissed all claims against Barack Ferrazzano client, GreatBanc Trust Company, in a multi-billion dollar nationwide lawsuit arising out of the Chicago Tribune leveraged buyout. The Barack Ferrazzano trial team was led by Roger Stetson, Jack Snyder, Scott Porterfield and Michael Pitt.

  • The decision, which is In re: Tribune Co. Fraudulent Conveyance Litig., Nos. 11-md-2296 (DLC), 12-cv-2652 (DLC), and 12-cv-6055 (DLC), 2019 WL 294807 (S.D.N.Y. Jan. 23, 2019), has been reported in Law360 here. 

Medical Device Licensing Dispute

• Represented a global medical device manufacturer in royalty licensing disputes wherein the Plaintiffs sought nine figures in royalties. The matters involved complex contract and intellectual property issues. They proceeded to multi-week arbitrations, where Barack Ferrazzano prevailed on all counts.

Fast Break Foods, LLC v. Saudi Aramco Corp.

• Represented Motiva Enterprises (a joint venture of Shell and Saudi Aramco) in three consolidated actions brought in the U.S. District Court for the Southern District of Texas, alleging Sherman Act violations in the refined petroleum products market.

Porterfield v. Orecchio

• Represented receiver in claim brought in the U.S. District Court for the Northern District of Illinois against the directors and officers of AA Capital Partners, Inc., an SEC-registered investment advisor, in a $60 million claim for violations of ERISA, breach of fiduciary duty, fraud, and conversion arising out of alleged misappropriation and misuse of investor funds.

In re: CFS-Related Securities Litigation

• Represented third-party defendant in the U.S. District Court for the Northern District of Oklahoma in suit claiming fraud in connection with failed asset-backed securities and seeking over $100 million in damages.

Siegel v. Shell Oil Co.

• Represented Shell in consumer class action in the U.S. District Court for the Northern District of Illinois, alleging oligopolistic control over prices in retail gasoline market.

Banning Healthcare Investment, LLC v. MLD Financial Capital Corp.

• Represented defendants and obtained full dismissal of all claims that managing member breached fiduciary duty of care and loyalty in managing limited liability company.

Colson v. Maghami

• In a decision rendered by United States District Court of Arizona on July 9, 2010, obtained summary judgment in defense of a multi-million dollar aiding and abetting claim against an auto client.

Dalton v. Old Second Bancorp, Inc.

• Represented Old Second Bancorp, Inc. and its 401(k) Plan fiduciaries against claims that they breached their respective fiduciary duties by imprudently retaining the common stock of the bank as an investment option in the 401(k) Plan. Successfully resolved case with no payment from clients.

Failed Real Estate Projects

• Represented several financial institutions in numerous lawsuits over failed real estate projects.

False Claims Act Litigation

• Represented major medical device manufacturer in False Claims Act litigation alleging violations of Buy America Act in sales to government.

Galileo v. United Airlines

• Represented on-line reservations provider in arbitration alleging breach of contract by airline partner.

Grand Jury Investigations

• Represented on-line reservations provider in arbitration alleging breach of contract by airline partner.

In re Citric Acid Antitrust Litigation

• Represented multinational food conglomerate in class action civil litigation into alleged price fixing of citric acid.

In re HFCS Antitrust Litigation

• Represented multinational food conglomerate in class action civil litigation and grand jury investigation into alleged price fixing of high fructose corn syrup.

In re: Emerald Casino, Inc.

• Represented Illinois Gaming Board as Special Assistant Attorney General in license revocation proceedings arising out of alleged misrepresentation to Board in casino license application relating to organized crime infiltration.

Irma Villate v. Southport Bank

• Conducted internal investigation for Audit Committee of international energy company into failure of management to communicate cost overruns in natural gas project.

Italia Foods v. Packaging Machinery Manufacturers Institute

• Represented defendant in class action in the Circuit Court of Cook County, Illinois, alleging violations of the Telephone Consumer Protection Act.

Jay E. Hayden Foundation v. First Neighbor Bank

• In a decision rendered by the United States Court of Appeals for the Seventh Circuit on June 22, 2010, obtained dismissal of a federal RICO suit against a bank client.

Local 1001 v. Laborers’ International Union of North America

• Appointed special prosecutor in the U.S. District Court for the Northern District of Illinois, tasked with expelling organized crime influence within union.

Mattoon Hospitality Group v. City of Mattoon, Illinois

• Represented hotel group in action in the Circuit Court of Coles County, Illinois to invalidate tax increment financing ordinances adopted to fund a $50 million convention center project.

Merdinger v. The John Buck Company, et al.

• The Illinois Appellate Court affirmed the trial court’s order in Merdinger v. The John Buck Company, et al. imposing more than $75,000 in sanctions against plaintiff Greg Merdinger for bringing a frivolous lawsuit against defendant David Anderson. In granting Mr. Anderson’s motion for sanctions, the trial court agreed that the plaintiff had no basis for naming Mr. Anderson as a defendant, and dismissed the case against Mr. Anderson with prejudice.

Millennium Holding Group v. Sutura Inc., Fusion Capital LLC

• Represented investment firm in litigation over failed merger agreement.

Moet Hennessy SNC v. Phillips Beverage Company

• Represented international beverage company in arbitration arising from acquisition of vodka distributor.

Morgan Street Properties LLC v. Wheaton Bank & Trust Company

• Represented financial institution that acquired assets of failed bank in litigation regarding alleged fraud in the sale of bank assets.

Partnership Disputes

• Represented real estate developer in various partnership disputes.

Princeton South v. First Industrial Realty Trust

• Represented public REIT in lawsuit seeking approximately $2 million in damages arising out of disposition of properties in Princeton, New Jersey.

Quad City Bank & Trust v. Elderkin & Pirnie

• In September 2013, obtained a jury verdict in favor of Quad City Bank & Trust in Dubuque County, Iowa. Quad City Bank & Trust v. Elderkin & Pirnie. The suit involved the Bank's claim for legal malpractice. The verdict was upheld on appeal.

Saloman Brothers International Ltd. v. Eagle Cayman International L.P.

• Represented hedge fund in litigation with a broker-dealer in the Supreme Court of New York, involving claims and counterclaims in excess of $100 million.

Schram McDonnell, LLC dba Austin Orthopedic Specialists v. Ventas, Inc.

• Represented individual and corporate defendants in claim brought in the District Court of Travis County, Texas. Plaintiffs alleged that defendants engaged in a conspiracy, fraud and negligence related to the purchase of equity interests in a medical office building. All defendants were dismissed on all counts.

Stella v. LVMH Perfumes and Cosmetics, Inc.

• Represented LVMH in consumer class action in the U.S. District Court for the Northern District of Illinois, asserting fraud, negligence, and product liability claims arising from alleged presence of lead in lipstick.

Strategic Realty Associates v. AIMCO

• Represented public REIT in action seeking approximately $10 million in connection with the disposition of alleged VMS assets.

Telecommunication Network Design v. McLeod USA, Inc.

• Represented defendant in class action in the Circuit Court of Cook County, Illinois, alleging violations of the Telephone Consumer Protection Act.

Ventas Realty, Limited Partnership v. ALC CVMA, LLC

• Represented Plaintiff in claim brought in the U.S. District Court for the Northern District of Illinois alleging that the Defendants’ receipt of notices of intent to revoke permits from state regulators with respect to its licenses to operate three assisted living facilities in Georgia and Alabama violated a lease agreement with Plaintiff. On June 15, 2012, the matter was resolved with the Defendants’ agreement to pay $97 million for the properties at issue, $3 million for a litigation settlement fee and agreement to pay all of Plaintiff’s fees and costs associated with the lawsuit.

Wells v. Sprint Corp.

• Represented Sprint in consumer class action in the Circuit Court of Cook County, Illinois, demanding software upgrades to resolve dropped call issues.

West American Insurance Company v. Yorkville National Bank

• In an opinion issued by the Illinois Supreme Court on September 23, 2010, won a multi-million dollar judgment in favor of a bank against an insurance company.

White v. Progressive Eldercare Services, et al.

• Represented defendant property owner in lawsuit brought in the Circuit Court of Saline County, Arkansas. Plaintiff alleged the defendants engaged in negligent care and treatment of a resident in the facility. Defendant was dismissed on all counts.

Wilson v. Krause, et al.

• Represented defendants in in eight figure lawsuit brought in the Iowa District Court for Polk County. Plaintiff alleged that the defendants breached their fiduciary duties to the company. The case was dismissed against all defendants on all counts.

Wrongful Death Litigation

• Represented Fortune 500 food manufacturer in class action and individual wrongful death litigation arising from food contamination.