Litigation
Overview
Barack Ferrazzano has been selected by some of the world’s most prominent companies to represent them in their most significant legal disputes. Our Firm has assembled a group of highly skilled trial lawyers – seasoned partners and well-trained associates – who represent clients both forcefully and efficiently. Unlike some litigators, who spend years engaging in expensive discovery only to recommend settlement on the eve of trial, we are always ready to try cases when necessary, but strive to resolve problems early and economically when appropriate.
Barack Ferrazzano trial lawyers have handled a variety of cases, including disputes concerning:- Securities & Derivative Securities
- Contracts
- Motor Vehicle Franchises
- Trade Secrets
- Licensing
- Consumer Class Actions
- Real Estate
- Professional Liability
- Civil RICO & Conspiracy Actions
- Director & Officer Matters
- Negligence & Product Liability
- Bankruptcy & Creditors' Rights
- Bank Regulatory & Other Financial-Related Matters
- Data Privacy
Our litigators have extensive experience in state and federal courts throughout the United States, on both the trial and appellate levels. We understand that we are asked to help resolve business problems, and we recognize that a trial is only one potential solution.
Because our clients' success often rests on our ability to design thoughtful, cost-effective solutions to complex scenarios, a significant part of our time is focused on strategic counseling and alternative dispute resolution.
Alternative Dispute Resolution
Members of the Litigation Group are experienced in a broad range of alternative dispute resolution techniques, including mediations, binding and non-binding arbitrations, mini-trials, and settlement trials with floors and caps. Many members of the Group also sharpen their skills and widen their perspectives by serving as arbitrators and mediators.
Counseling
The Litigation Group also has extensive experience in strategic counseling designed to minimize the likelihood of litigation or reduce the exposure to litigation when potential problems arise. For engagements requiring certain legal or industry specialization, we assemble strong interdisciplinary teams designed to leverage the talents of attorneys in other practice areas. Barack Ferrazzano's Litigation Group is often involved in complex corporate and real estate disputes that benefit from the comprehensive experience of our corporate, real estate, and bankruptcy attorneys. Such a cross-functional approach has proved successful in resolving controversies ranging from dissenting shareholders' rights disputes to take-over litigation.
The Firm's efficient structure and staffing philosophy allow us to craft efficient teams designed to bring the strongest talent possible to every challenge. A litigation team is assembled for each assignment based on the skill and style required for that engagement.
The members of the Litigation Group are frequent speakers and authors on commercial litigation topics and regularly serve as instructors at educational programs sponsored by continuing legal education associations and various trade groups. As a result of extensive trial experience, our attorneys are familiar with the strengths and weaknesses of many of the nation's leading experts in various specialties.
Experience
Representative Matters
Barack Ferrazzano successfully prevented long-time client Louis Vuitton Malletier SA from being forced to litigate trademark issues with the manufacturer of a novelty toy purse called “Pooey Puitton” in the United States. U.S. District Judge John F. Walter granted Louis Vuitton’s motion to dismiss the declaratory action, agreeing with Louis Vuitton that trademark issues raised under foreign laws do not create a dispute under U.S. trademark laws.
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.
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.
Represented several financial institutions in numerous lawsuits over failed real estate projects.
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.
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.
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.
Represented Southport Bank in a class action complaint regarding alleged violations of the Illinois High Risk Home Loan Act (IHRHLA) and the Illinois Consumer Fraud Act (ICFA). A case of first impression in Illinois, claims were dismissed in the Circuit Court of Cook County and the Court's ruling was upheld by the First District Appellate Court of Illinois.
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.
Representing defendant in multi-district litigation alleging defendant participated in the Tribune Company’s breach of its fiduciary duties. A motion to dismiss the defendant with prejudice is currently pending.
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.
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.
Represented investment firm in litigation over failed merger agreement.
Represented international beverage company in arbitration arising from acquisition of vodka distributor.
Represented financial institution that acquired assets of failed bank in litigation regarding alleged fraud in the sale of bank assets.
Represented high speed traders in several disputes over non-compete agreements.
Represented real estate developer in various partnership disputes.
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.
Represented public REIT in lawsuit seeking approximately $2 million in damages arising out of disposition of properties in Princeton, New Jersey.
In September 2013, obtained a jury verdict in favor of Quad City Bank & Trust in Dubuque County, Iowa. The suit involved the Bank's claim for legal malpractice. The verdict was upheld on appeal.
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.
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.
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.
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.
Represented public REIT in action seeking approximately $10 million in connection with the disposition of alleged VMS assets.
Represented defendant in class action in the Circuit Court of Cook County, Illinois, alleging violations of the Telephone Consumer Protection Act.
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.
Represented Sprint in consumer class action in the Circuit Court of Cook County, Illinois, demanding software upgrades to resolve dropped call issues.
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.
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.
Represented defendants 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.
Represented Fortune 500 food manufacturer in class action and individual wrongful death litigation arising from food contamination.
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