DF Institute, LLC d/b/a Kaplan Professional v. Dalton Education, LLC et al. Litigated claims under the Defend Trade Secrets Act involving former employees recruited to join a directly competing company.

Miller Coors Beverage Co. USA, LLC v. Anheuser-Busch Companies, LLC. Member of the defense team who obtained a reversal of a preliminary injunction in a high-profile competitor false advertising dispute arising out of the 2019 Super Bowl. Law360 named the appellate court’s decision the #3 most significant Lanham Act decision of midyear 2020. 

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

Primerica, Inc. v. How Money Works, LLC. Defended a financial services company in trademark cancellation action.

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 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.

Manages global anti-counterfeiting and trademark enforcement matters for a leading manufacturer of welding, cutting, and joining equipment.

Manages global trademark portfolio for a leading metals and materials distributor.

Obtained a federal trademark and service mark registration covering an iconic 3-dimensional character mark used by one of the nation’s leading insurance providers.

Obtained a permanent injunction in trademark and trade dress infringement and dilution action involving a famous advertising spokesperson used by one of the nation’s largest insurance providers.

Obtained a permanent injunction and $2 million statutory damages award in a trademark counterfeiting civil action involving financial services fraud.

Obtained a temporary restraining order barring defendants from using, promoting, or displaying infringing trademark during industry’s largest trade show.

Obtained a summary judgment and permanent injunction for a plaintiff challenging a defendant’s unauthorized use of the plaintiff’s famous trademarks on merchandise bags sold to the plaintiff’s independent motorcycle dealerships.

Obtained a permanent injunction against a competitor’s use of infringing and dilutive color trademark used in connection with medical products. 

Obtained a permanent injunction against a competitor’s infringing and dilutive product configuration trade dress for game puzzles. 

Successfully opposed a competitor’s application to register similar hair care products trademark after a full trial on the merits in T.T.A.B.

Obtained a reversal of U.S.P.T.O. genericness and descriptiveness refusal in ex parte appeal of “1-800”-formative trademark in the T.T.A.B.

Represented an applicant in inter partes opposition in the T.T.A.B. involving audible sound marks used in connection with telecommunications goods and services.

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.