Representative Matters.

Antitrust.

  • Defended one of the nation’s five largest real estate brokers in several antitrust putative class actions in various federal courts, each of which challenged the operation of the Multiple Listing Service and the compensation model for real estate brokers. [1,3]

  • Obtained summary judgment for defendant after close of discovery in a certified class action alleging price fixing resulting in excess of $500 million in damages. The judgment was affirmed on appeal by the Sixth Circuit. [1]

  • Served as lead trial counsel in trial proceedings in District of Delaware alleging wide-ranging Sherman Act claims. [1]

Trade Secrets.

  • Obtained 2019 Top 100 jury verdict in the District of Delaware on behalf of publicly-traded agrochemical company on claims of willful and malicious trade secret misappropriation, unfair competition, etc. [1,3]

  • Obtained judgment after jury trial in Southern District of Indiana in favor of utility company on claims of willful and malicious trade secret misappropriation, conversion, etc. [1]

  • Defending wide-ranging trade secret litigation with allegations of misappropriation of corporate trade secrets, violations of Lanham Act, and violations of Computer Fraud and Abuse Act in the Southern District of Indiana. [1, 3]

Contract & Business Disputes.

  • Lead arbitration counsel in representing utility company in claims seeking more than $200 million in contract recoveries under an energy supply contract. [1]

  • Lead arbitration counsel in proceedings before the London Court of International Arbitration on interpretation of contract rights arising in a cross-border contractual relationship. [1]

  • Trial counsel in the District of Nevada establishing the contractual development rights to prime Las Vegas real estate. [1]

  • Prosecuting and defending contract claims of prominent IndyCar racing team with respect to marketing agency. [1,3]

  • Defended regional bank against claim of contract formation under statute of frauds and Uniform Electronic Transactions Act. [3]

  • Secured Court Order ordering dissolution of major Indiana commercial real estate developer after partnership dispute between two fifty-fifty shareholders. [1,3]

Unfair Competition & Deceptive Sales Practices.

  • Obtained 2013 Top 100 Verdict before Maryland jury on behalf of defense software manufacturer on claims of unfair competition, etc. [1]

  • Obtained judgment in the Eastern District of New York after a jury trial on issues of unfair competition and related torts. [1]

  • Defended large New England real estate brokerage against wide-ranging putative class action, which alleged deceptive sales practices, breach of fiduciary duty, and related counts. [1,3]

Appeals.

  • Obtained affirmance in the Seventh Circuit of district court’s grant of summary judgment to railroad on ICCTA preemption. [1]

  • Obtained affirmance in the Fifth Circuit of district court’s compelling of arbitration in oil-and-gas dispute. [1]

  • Obtained reversal in the Indiana Supreme Court on excess reinsurance issue on behalf of large health insurance company. [1]

  • Obtained affirmance in the Appellate Court of Illinois for major voting rights advocacy group of trial court’s finding that a publication did not constitute defamation. [3]

  • Obtained affirmance in the Indiana Court of Appeals of trial court’s grant of summary judgment for IndyCar racing team in contract dispute. [1]

  • Insurance Coverage.

    • Represented Fortune 50 company in claims for insurance coverage associated with legacy liabilities. [1]

    • Obtained judgment for insured establishing rights under an “all risk” policy of insurance for ethanol manufacturer. [1]

    • Obtained judgment in trial court establishing rights to insurance coverage for losses incurred during a thirty-year period of time. [1]

    • Litigated COVID-19 insurance coverage claims under business interruption policy on behalf of prominent Indianapolis luxury hotel. [1,3]

  • RICO.

    • Obtained dismissal of RICO putative class action in the District of Connecticut seeking to include a nationwide class of consumers. [1,3]

    • Obtained dismissal of putative RICO class action in Southern District of New York pled against Fortune 50 chemical manufacturer. [1]

  • Non-Compete Litigation.

    • Represented logistics company in suit against departing employee alleging that he violated confidentiality, non-solicitation, and non-competition agreement in joining competing company and soliciting customers. [3]

    • Represented various parties to contracts containing non-competition and non-solicitation provisions. [1]

  • Product Liability Defense.

    • Served as lead national counsel defending agrochemical company in product liability claims involving pesticides. [1]

    • Served as lead national counsel defending Fortune 50 company in product liability claims involving a petrochemical used in plastic. [1]

    • Served as lead national counsel defending claims involving roofing products and applicable warranties. [1]

    • Served as lead national counsel defending Fortune 50 company against claims alleging toxic exposure from wood products. [1]

  • Athletics.

    • Represented athletes in multiple sports in litigated and threatened claims arising under various contractual agreements. [1]

    • Advised major colleges and universities on antitrust issues including the “name image and likeness” issues in recent litigation. [1]

    • Represented high school before the IHSAA Review Committee in appeal of Commissioner’s decision to remove school from State Boys’ Basketball Tournament. [3]

  • Financial Institutions

    • Litigated Rule 22 interpleader in federal court on behalf of large national bank. [3]

    • Obtained dismissal in favor of arbitration in state court based upon clause in regional bank’s Deposit Account Agreement. [3]

  • Transportation Law

    • Represented railroad company in large dispute against fiber optic company for misappropriation of real property. [1, 3]

    • Represented railroad company in emergency proceedings to stop the boring of a tunnel beneath railroad tracks. [1, 3]

    • Represented railroad company in various disputes on trespasses throughout rail network. [1, 3]

    • Represented IndyCar race team in various disputes. [1]

  • Defamation and Privacy Torts

    • Litigated invasion of privacy cases on behalf of individuals named in a documentary film by a major streaming company without their consent. [1,3]

    • Litigating defamation case. [1]