Miller Shakman Levine & Feldman

Marc O. Beem, partner

mbeem@millershakman.com
(312) 759-7203
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Mr. Beem’s practice consists of commercial disputes, including litigation involving professional responsibility, contractual disputes, securities law, the liability of corporate directors and other company officers, constitutional law and real-estate-related matters. In addition, he is involved with bankruptcy matters, workouts and related litigation. Mr. Beem also advises non-public schools and other not-for-profit entities.

Selected Engagements

• Represented large law firms in defense of legal malpractice and related claims arising from representation of hedge funds, closely-held metals manufacturing businesses, public Real Estate Investment Trust, snack foods manufacturer and distributor and commodities trading ventures.
• Represented lawyers in arbitrations over separations from former law firms.
• Represented lawyers in matters with Illinois Attorney Registration and Discipline Commission.
• Represented court appointed receivers in Commodity Futures Trading Commission enforcement action and in liquidation of portfolio of mortgage loans with aggregate principal balance in excess of $1 billion.
• Represented title insurance company in defense of fraudulent conveyance claims against mortgages granted in connection with leveraged buy-out of national retail chain.
• Represented multi-national industrial engineering and construction firm in defense of breach of contract actions.
• Ongoing representation of private schools and not-for-profit social service entities in general counseling, mergers and financial restructuring.
• Represented artist whose work was deemed offensive by Chicago Aldermen and forcibly removed from display at public show of student artwork in civil rights damage claim.
  

Mary Eileen Cunniff Wells, Partner

mwells@millershakman.com
(312) 759-7211
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Ms. Wells has represented companies, individuals, and government agencies and officials in complex litigation matters in both state and federal court. Her practice involves a wide variety of substantive areas of the law, including legal ethics, constitutional law, commercial law, professional liability, FOIA, and family law matters.

Selected Engagements

• Represented individual in a partnership dispute involving breach of fiduciary duty claims and contested control over closely held entities.
• Represented law firm and attorney in action in federal court involving federal constitutional and state law claims.
• Represented individual before the Chicago Board of Ethics.
• Represented government in groundbreaking investigations and litigation related to the deceptive marketing of opioid prescription painkillers.
• Successfully defeated First Amendment challenge to personnel policy of government agency.
• Represented government agency in breach of contract disputes and challenges to procurement decisions.
• Obtained favorable settlement of statutory challenge to a city zoning determination.
• Defended municipal taxi dispatch service challenged on constitutional grounds.

Alexandra K. Block, partner

ablock@millershakman.com
(312) 759-7245
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Ms. Block represents clients in a variety of litigation matters, focusing on defending legal malpractice claims and advising attorneys and law firms with respect to professional responsibility and ethical issues. She also has broad experience representing both employees and employers in employment contract, non-competition, and employment discrimination and harassment litigation before the state and federal courts and the EEOC. Additionally, she advises independent schools on employment and compliance matters. Ms. Block also has been involved in First Amendment and other civil liberties litigation as counsel for parties and amici.
      Ms. Block is a trained and certified mediator and has been involved in several dozen cases that have resolved successfully through mediation.

Selected Engagements

• Won appellate victory for The Chicago Tribune in a case of first impression under Illinois Freedom of Information Act, which held that the College of DuPage Foundation and College of DuPage must disclose a subpoena under Illinois’ open records law. Secured full recovery of client’s attorneys’ fees on remand.
• Represented real estate investor in a bench trial asserting claims of fiduciary breach, fraud and other wrongdoing against former partner in condo and office developments.
• Defended several large law firms against allegations of negligence, for example in connection with a hedge fund's lending transactions; a multi-million dollar estate plan; commercial real estate developments; and complex patent lawsuits.
• Represented attorney in federal lawsuit arising from dispute over settlement negotiations in a personal injury case.
• Defended attorney-trustee against allegations of breach of fiduciary duty in connection with trust beneficiary’s sale of shares in a family business.
• Represented numerous claimants in negotiations to resolve claims of employment discrimination, harassment and/or retaliation before the EEOC.
• Defended small business against allegations by two former employees of breach of contract and fraudulent misrepresentation, and pursued multiple counterclaims including breach of contract, conversion and breach of fiduciary duty.
• Represented individual before the Illinois Supreme Court in her constitutional challenge to a prosecution brought under the Illinois Eavesdropping Statute.
• Represented federal criminal defendants in bond hearings, sentencing hearings and other matters.
• Briefed issue of first impression in the Second Circuit in a First Amendment retaliation case brought by a municipal police officer.
• Wrote amicus curiae brief to Connecticut Supreme Court on behalf of Connecticut Employment Lawyers Association concerning statute of limitations under state anti-discrimination law.
• Wrote amicus curiae brief supporting recognition of same-sex marriages in Illinois.
  

KAY L. DAWSON, partner

kdawson@millershakman.com
(312) 759-7217
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Ms. Dawson has experience representing clients in federal and state court. Her cases have included corporate disputes, class actions, breach of contract, breach of fiduciary duty and fraud matters. Ms. Dawson also has experience defending attorneys and law firms in legal malpractice disputes. Additionally, Ms. Dawson has represented clients in several complex high net worth divorce cases.

Selected Engagements

• Represented client in dispute regarding breach of fiduciary duties and control of closely held entities.
• Defended national law firms in legal malpractice cases arising from corporate transactions, intellectual property litigation and secured lending.
• Represented attorneys and law firm in defense of civil RICO claims.
• Represented plaintiff class in federal civil rights class action challenging the Illinois same-sex marriage ban.
• Represented clients in complex divorce proceedings at the trial and appellate level.
• Defended national food manufacturer in breach of contract dispute brought in federal court.

DANIEL M. FEENEY, partner

dfeeney@millershakman.com
(312) 759-7246
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Mr. Feeney has experience in a variety of commercial litigation matters, with substantial experience defending lawyers and law firms in legal malpractice suits. He also advises law firms and lawyers regarding their professional and ethical obligations and has taught a course on legal ethics as a Lecturer in Law at the University of Chicago Law School. In his general litigation practice, he has represented an array of business ventures in restrictive covenant, trade secret, copyright, trademark and right of publicity matters and has represented individual clients in disputes regarding the control or dissolution of closely held entities and related fiduciary duty claims. He regularly advises clients in disputes with governmental entities, including land use, public contracting and FOIA matters.
      His practice encompasses cases in both state and federal courts at the trial and appellate level. In 2008, the Chicago Law Bulletin selected Mr. Feeney as one of 40 Illinois Lawyers Under Forty to Watch.

Selected Engagements

• Defended large law firms and attorneys in connection with multiple malpractice and fiduciary duty claims arising from litigation, corporate transactions, secured lending, municipal finance and estate and trustee responsibilities.
• Represented employers, employees and competitors in disputes regarding restrictive covenants, trade secrets and fiduciary breaches, including federal litigation involving an international consulting practice that relocated to a competitor.
• Represented journalists, media companies, academics and public interest NGO’s seeking public records through the federal and Illinois Freedom of Information Acts, including litigation in federal and state court challenging FOIA denials by government bodies.
• Litigated multiple cases involving the recording industry, including defending international recording artist against claims of copyright infringement and a dispute over the value of a catalog of unreleased live BBC recordings of David Bowie and John Mellencamp.
• Represented individual before the Illinois Supreme Court in her successful constitutional challenge to a prosecution brought under the Illinois Eavesdropping Statute.
• Defended law firm against allegations of negligent drafting of an opinion letter in connection with publicly financed transaction, obtaining dismissal of claims after district court and appellate court ruled in client’s favor on question of first impression regarding statutory interpretation.
• Brought federal action on behalf of a satellite television provider against a competitor, asserting violations of cable piracy statute. Obtained injunctive relief in the District Court and successfully defended that ruling before the Seventh Circuit.
• Defended corporate executive against claims brought by a large investment bank alleging inducement of a fiduciary breach.
• Served as lead counsel representing bank in defense of lender liability claims regarding large commercial loan asserted by unsecured creditors in bankruptcy adversary proceeding.
• Defended international consumer products company against state and federal claims that it had used a model’s image on packaging without authorization, handling matter through appeal.
• Represented LLC’s and LLC members in disputes regarding LLC governance, separation of members, fiduciary breaches and dissolution.
• Represented general partner in an injunctive and accounting action regarding the sale of partnership assets and dissolution of the partnership, serving as lead counsel during injunction trial and final trial on accounting.
• Negotiated and litigated trademark matters and trade secret issues for software developer.
• Appointed by District Court to represent expelled union member pursuing claim against union for retaliation under the ADEA and LMRA. Obtained verdict after federal jury trial and defended verdict before the U.S. Court of Appeals for the Seventh Circuit.

EDWARD W. FELDMAN, partner

efeldman@millershakman.com
(312) 759-7213
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Mr. Feldman has over thirty-four years’ experience as a litigator. Following a clerkship in the U.S. District Court, Mr. Feldman spent two years trying criminal and civil cases at Northwestern University Legal Clinic. Since joining this firm in 1988, he has developed an extensive commercial litigation practice cutting across many areas of law, in both individual and class actions in federal and state courts. His areas of concentration include representing lawyers and law firms in legal malpractice, professional responsibility, and fiduciary duty matters. He also has represented many businesses and individuals in disputes with government over constitutional, statutory or regulatory rights. This governmental litigation has included two landmark cases that have transformed Chicago: the Shakman class action against the State of Illinois, Cook County, City of Chicago and other governmental bodies that has reduced once-endemic political patronage; and the Gautreaux desegregation class action against the Chicago Housing Authority, in which Mr. Feldman represented the Court-appointed receiver responsible for developing new, economically and racially desegregated public housing.
      Mr. Feldman has been appointed as a Special Master in federal court and been retained as an expert on matters of professional responsibility. His experience also includes RICO, antitrust, securities, consumer fraud, employment and other commercial disputes. Mr. Feldman has been selected to the Illinois Super Lawyers list every year since its inception in 2005, and has taught trial practice and professional responsibility for many years at Northwestern Law School. In 2011, Senator Richard Durbin recommended Mr. Feldman to the White House for nomination to the U.S. District Court in Chicago. In 2018, Mr. Feldman was appointed by Senators Durbin and Duckworth to serve on the Selection Committee for Judicial Appointments in the Northern District of Illinois.

Selected Engagements

• Won $18.8 million for a media company in a jury trial for trademark and contractual violations, obtained affirmance on appeal.
• Obtained dismissal and affirmance in Seventh Circuit of a $600 million RICO action brought against a large national law firm.
• Obtained dismissal of a federal lawsuit against a lawyer seeking $25 million for allegedly conspiring with a public official to deny due process to a litigant.
• Obtained dismissal in bankruptcy court of claims against law firm for aiding and abetting alleged fraudulent conveyance by the debtor.
• Represented taxi industry in litigation concerning unfair competition by “ridesharing” companies.
• Represented several large national law firms in legal malpractice cases alleging negligence in handling of complex transactional or litigation matters.
• Appointed Special Master by U. S. District Court to recommend an attorneys’ fee award in a multi-district class action and to investigate possible ethical violations by counsel in the case.
• Represented attorneys in federal court proceedings in which the attorneys were accused of several ethical violations and in which sanctions were sought.
• Represented hospital system in federal class action by registered nurses alleging antitrust violations, and led defense group of six law firms in successful presentation of complex econometric issues to the Court.
• Represented hospital systems in federal and state class actions by uninsured patients alleging price discrimination and consumer fraud.
• Represented health care system in state class action alleging consumer fraud in connection with collecting nursing home bills.
• Represented corporate parent of hospital system in several medical malpractice cases where plaintiffs attempt to hold parent liable for alleged malpractice of the treating hospital.
• Represented medical record copying service in class action alleging consumer fraud regarding charges.
• Represented developer in multifaceted proceedings in federal court, bankruptcy court and state court regarding corporate governance, constitutional and code compliance issues.
• Represented real estate agent in alleged multi-million dollar federal housing discrimination suit.
• Represented a multinational turbine manufacturer in a suit for property damage resulting from a turbine explosion.
• Represented a national financial services company and six other financial institutions in a federal claim of securities fraud against a large investment bank.
• Represented a real estate developer in a securities fraud action in federal court brought by limited partners.
• Represented a real estate developer serving as receiver for the public housing authority in a desegregation case. Representation involves litigation and transactions concerning the redevelopment of public housing in Chicago.
• Represented municipality in complex land use and annexation dispute.
• Represented plaintiffs and defendants in several defamation cases.

ZACHARY J. FREEMAN, partner

zfreeman@millershakman.com
(312) 759-7208
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Mr. Freeman has experience in both federal and state court in a variety of contexts. He has represented clients in professional responsibility matters, legal and medical malpractice cases, partnership disputes, including dissolution and partner relocation. Mr. Freeman also has experience in family law matters, contract and lease disputes, defamation, product disparagement, and unfair competition cases, antitrust litigation, civil rights litigation, and employment disputes involving wrongful discharge and the enforcement of restrictive covenants. His state court experience covers all levels of the practice from the trial court to the Illinois Supreme Court. Prior to joining Miller Shakman & Beem, Mr. Freeman clerked for the Hon. Ruben Castillo in the United States District Court for the Northern District of Illinois. Prior to attending law school, Mr. Freeman served as a volunteer with the U.S. Peace Corps in Togo, West Africa from 1996 to 1998 and worked at Human Rights Watch from 1998 to 2000.

Selected Engagements

• Represented attorneys and law firms in legal malpractice and breach of fiduciary duty cases involving both litigation and transactional malpractice.
• Represented attorneys and law firms in matters involving partner expulsion, including breach of contract claims, breach of fiduciary duty claims, partner relocation, partnership dissolution, and accounting issues.
• Represented individuals in pre- and post-decree divorce proceedings, including high net worth individuals with complex estate plans and financial assets.
• Represented employees and employers in employment disputes, including separation agreements, discrimination claims, and the enforcement of restrictive covenants.
• Represented national pharmacy benefits manager in arbitration addressing complex breach of contract claims.
• Represented several not-for-profit entities affiliated with health care facilities in medical malpractice claims.
• Represented national telecommunications company in unfair competition and cable piracy actions in federal and state court.
• Represented commercial landlord in reformation and breach of contract action.
• Represented business in defamation and commercial disparagement action.

RACHEL ELLEN SIMON, associate

rsimon@millershakman.com
(312) 759-7214
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Ms. Simon’s practice focuses on complex civil litigation in both federal and state courts. Her cases have included class actions, contract disputes, and complex family law matters. Ms. Simon also has experience advising law firms on professional liability matters and civil rights organizations on election law issues.

DIANE F. KLOTNIA, partner

dklotnia@millershakman.com
(312) 759-7223
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Ms. Klotnia has litigated many complex commercial and legal malpractice cases and is well known for her command of legal ethics. She has represented clients in cases involving legal malpractice defense, attorney disciplinary matters, corporate and partnership disputes, derivative actions and shareholder disputes, RICO litigation, contract disputes, commercial mortgage foreclosure, environmental law, constitutional law and federal civil rights. Ms. Klotnia has been selected to the Illinois Super Lawyers list in 2005, 2006 and every year since 2008.
        Ms. Klotnia has been involved in cases in the U. S. District Courts in Illinois, Hawaii, Kansas and Pennsylvania and in the state courts of Illinois, Indiana, Wisconsin, and Delaware and has participated in appeals to the U. S. Supreme Court, the U. S. Court of Appeals for the Seventh Circuit and for the Third Circuit, and to the Illinois Appellate Court and the Wisconsin Appellate Court.

Selected Engagements

• Represented several large law firms in separate, unrelated lawsuits involving claims of legal malpractice. The underlying matters that gave rise to the claims involved complex commercial transactions, patent litigation, and commercial litigation.
• Appointed Special Master by U. S. District Court to review and provide recommendations on privilege and work product claims in connection with an SEC lawsuit.
• Represented hospital system in federal class action by registered nurses alleging antitrust violations, and led defense group of six law firms in successful presentation of complex econometric issues to the Court.
• Represented a manufacturer of railroad tracks and wheels in connection with its claims under an environmental indemnity arising out of the manufacturer’s purchase of several facilities.
• Represented clothing manufacturer against anti-trust claims asserted by a retailer.
• Represented a trustee and corporate officer in several related lawsuits involving shareholder derivative claims and claims of breaches of fiduciary duty.
• Represented two closely-held corporations in connection with claims by one of the shareholders that he had been frozen out by the other shareholder.
• Represented the seller of manufacturing facilities in arbitration held in connection with post-closing disputes, including claims arising out of an environmental indemnity.
• Represented an international power manufacturing corporation in connection with disputes between the corporation and its joint venture partners arising out of their development and operation of a power co-generation facility in Hawaii.
• Represented a minor in child abuse and neglect proceedings in Cook County. The Illinois appellate court resolved in favor of the minor the novel issue of whether a minor is entitled to counsel of her own choice in such proceedings, in lieu of the public guardian.
• Represented, along with the Roger Baldwin Foundation, a physician who wished to exercise his first amendment rights and demonstrate at the Democratic National Convention in Chicago in an area other than the area designated by the City and the DNCC. Following an evidentiary hearing, the trial court ruled in favor of the client and other demonstrators.

KAREN L. LEVINE, partner

klevine@millershakman.com
(312) 759-7210
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Ms. Levine’s practice centers around handling disputes between individuals – primarily entrepreneurs – in both the business and personal arenas. In the personal arena, Ms. Levine concentrates on complex, high net worth divorce cases. She brings to these cases a business litigator’s perspective. Further, Ms. Levine’s former career as a social worker, where she worked in crisis intervention, helps her understand the emotional strain of a divorce. In the business arena, Ms. Levine concentrates on partnership disputes, disputes in close corporations and other disputes between individuals that once had close, personal working relationships. Ms. Levine also handles litigation involving business litigation matters. She is a Fellow of the American Academy of Matrimonial Lawyers.

Selected Engagements

• Represented numerous high net worth divorce clients in cases involving among other things, valuations of closely held businesses, trust issues, tracing of funds to establish that various assets are non-marital property, custody issues, breaches of fiduciary duty, and maintenance issues.
• Represented partner/investor in various real estate ventures in a suit against the general partner of these ventures, who breached his fiduciary duties to the partner and the ventures and fraudulently concealed his wrongdoing.
• Successfully represented investor in a claim against a fund manager for breach of fiduciary duty, securities fraud, and violation of the Illinois Consumer Fraud Act.
• Successfully defended the executor of an estate in a three-and-a-half week jury trial in the Probate Division of the Circuit Court of Cook County.
• Successfully defended an officer of a closely held company in a jury trial in Dallas, Texas in a claim brought by another officer, his former wife, for fraud, breach of fiduciary duty and a variety of other claims.
• Successfully represented the board of directors of a closely held manufacturing company and two beneficiaries of a trust against several suits brought by various other trust beneficiaries.
• Successfully represented the estate of a thirteen-year-old child in a suit against the City of Chicago and a police officer for the negligent manner in which the officer stored his service revolver that led to the death of the child.
• Represented the trustee in a series of suits brought by various beneficiaries.
• Represented a manufacturer in a claim for intentional wrongful death in Ohio.
• Represented the Friends of Meig’s Field in a suit against Mayor Daley for the closing of Meig’s Field Airport.

RONALD S. MILLER, retired

rmiller@millershakman.com
(312) 759-7232
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Mr. Miller has had years of experience in hotel development, financing and operations. In addition, his practice has included developing major office and condominium buildings as well as corporate law, insurance law and trust law.
      Mr. Miller has been listed in "Best Lawyers in America," "Who's Who in American Law," "Who’s Who in America" and "Who’s Who in the World." He has served as board member and president of the Board of Visitors of the University of Illinois Law School. He also served on the DePaul Law School Advisors Council and Northwestern Law School’s Institute for International Human Rights. Mr. Miller is chair of the Advisory Board of the Illinois ACLU. He was board chair of the Chicago chapter of the Lawyers Committee for Civil Rights Under Law and is a lifetime trustee of that organization’s national board. He is the recipient of the Chicago chapter’s first Award for Lifetime Achievement in Civil Rights, and in 2003 the national body of the Lawyer’s Committee honored Mr. Miller with a Special Recognition Award. In 2002, Mr. Miller was inducted as one of eight awardees as a Laureate of the Academy of Illinois Lawyers at the Illinois State Bar Association's 125th Anniversary celebration. He is also the recipient of the ABA’s Pickering Award, the Illinois ACLU’s Rothschild Award and the American Constitution Society’s Chicago Legal Legends Award.
      Mr. Miller has retired from the practice of law and no longer maintains an active law license.

Selected Engagements

• Prepared and filed all forms pertaining to initial public offering for a large Chicago media conglomerate.
• Developed hotels in the U.S., Puerto Rico, Aruba and Surinam for two international hotel chains.
• Redeveloped hotels in Hawaii for a major hotel chain.
• Served as counsel for a large insurance company
• Served as counsel for two school boards.

MELISSA BEMA PRYOR, PARTNER

mpryor@millershakman.com
(312) 759-7220
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Ms. Pryor practices in federal and state court. She has represented clients in a variety of areas including: breach of contract and breach of warranty matters, employment disputes involving the enforcement of restrictive covenants, fraud claims, and breach of fiduciary duty matters. Ms. Pryor also has broad experience representing clients in domestic relations matters, concentrating on complex, high net worth divorces. Additionally, Ms. Pryor represents attorneys and law firms in legal malpractice cases.

Selected Engagements

• Represented large law firms in defense of legal malpractice actions at the trial and appellate levels.
• Represented high net worth divorce clients in cases involving, among other things, trust issues, valuations of closely held businesses, and tracing of funds to establish that various assets are non-marital property.
• Defended manufacturer in trial involving breach of warranty and indemnification claims.
• Represented large lender in litigation against borrower in federal court.

MICHAEL L. SHAKMAN

mlshak@aol.com
(312) 759-7250
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Mr. Shakman serves as lead counsel in a wide range of litigation including corporate, contractual, commercial and partnership disputes, professional liability matters, construction disputes and arbitrations, antitrust, trade regulation and product liability litigation. He has also served as lead counsel for public bodies and private citizens in litigation involving governmental actions across a wide range of subjects.
      Mr. Shakman frequently represents attorneys, law firms and other professionals in partnership and professional responsibility matters. He may be best known for the federal court Shakman Decrees, which have enjoined patronage hiring and firing of public employees in Chicago and Illinois.

Selected Engagements

• Defended law firms against allegations of transactional and litigation legal malpractice. These matters have involved lawsuits, arbitrations and mediations.
• Represented lawyers and law firms in matters involving legal ethics, disciplinary proceedings, professional responsibility and lawyer mobility.
• Defended parties in antitrust litigation involving price fixing, territorial allocations and related claims in direct and class action litigation.
• Represented directors and special litigation committees of corporate boards in responding to shareholder litigation.
• Represented international energy industry contractor in state and federal court litigation involving power plant construction, ownership disputes and environmental remediation work.
• Represented bankruptcy trustee in bankruptcy court proceedings and related matters removed to the District Court.
• Represented investors in broadcasting industry disputes involving accounting issues, RICO and allegations of fraud.
• Represented purchasers and sellers of business entities in a wide range of disputes.
• Served as Special Assistant Illinois Attorney General in representing state governmental agencies in disputes over land use and operations, including representation of the State of Illinois in disputes with the City of Chicago over the closure of Chicago’s Meigs Field airport.

WILLIAM J. KATT, partner

wkatt@millershakman.com
(312) 759-7221
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Mr. Katt practices in federal and state court. His practice focuses on commercial and family litigation. Mr. Katt advises lawyers and law firms on ethical issues, including representation in legal malpractice litigation. He frequently represents businesses and individuals in commercial litigation involving complex commercial fraud, patent infringement and other intellectual property violations, unfair competition, breach of contract, and employee separation issues. He also frequently represents high-net worth individuals in divorce and related proceedings.

Selected Engagements

• Represented many large national law firms in legal malpractice and other actions involving intellectual property (patent and copyright), bankruptcy, commercial fraud, real estate, and other issues.
• Represented numerous high-net worth individuals in divorce and related proceedings, with a focus on cases involving business interests or other complex financial assets and/or contested parenting issues.
• Represented residential condominium association in litigation involving contract, property and fraud claims arising out of building conversion.
• Represented founder and officer of technology startup in employment separation and related issues.
• Defended arbitral body in various actions brought by disgruntled arbitration parties.
• Represented taxi industry in litigation concerning unfair competition by “ridesharing” companies.
• Represented major media outlet in litigation concerning access to public records.
• Defended small business against qui tam litigation under the False Claims Act.
• Represented public company and corporate officers in dispute with shareholder regarding convertible note.
• Represented home equipment manufacturer in lawsuit involving breach of a patent license agreement.
• Represented analytics company in dispute with competitor regarding patent infringement, unfair competition, and misappropriation of trade secrets.
• Defended licensee of technology related to production methods of a chemical compound in breach-of-contract dispute with licensor.
• Represented agricultural company in patent litigation against primary competitor regarding seed processing equipment.
• Represented multiple pharmaceutical manufacturers in Hatch-Waxman litigation regarding pharmaceutical patent rights, including before the Federal Circuit.

THOMAS M. STAUNTON

tstaunton@millershakman.com
(312) 759-7202
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Mr. Staunton represents clients in a wide range of commercial litigation, including health care disputes and disputes relating to partnership and corporate governance, real estate, and general commercial law. He frequently represents defendants against claims of legal malpractice. He also has experience representing clients on issues relating to bankruptcy, securities law, trademark, restrictive covenants, and employment discrimination. He has played a leadership role in the Seventh Circuit’s Electronic Discovery Pilot Program Committee and its efforts to improve the practice of e-discovery in the federal courts. He has tried cases, and argued appeals, in state and federal court. He has extensive arbitration experience, including arbitrations before the AAA, the NYSE, FINRA, and the AHLA.

Selected Engagements

• Represented a national pharmacy benefits manager in a complex dispute over termination of a service agreement and compliance with certain performance guarantees. The matter resulted in five separate hearings, including a preliminary injunction hearing in federal court, two emergency arbitration hearings, and two full arbitration hearings.
• Represented a hospital system in defense of a class-action antitrust claim. Among other things, managed the e-discovery and contract attorney process.
• Served as counsel for several Am Law 100 firms in defense of legal malpractice claims, including claims relating to corporate, real estate and investment transactions, and patent and real estate litigation. A number of novel legal issues have been raised in these representations, including one in which the firm obtained a seminal decision from the Illinois Supreme Court holding that malpractice plaintiffs cannot recover “lost punitive damages” from their former attorneys.
• Served as counsel for a national pharmacy benefits manager in connection with certain audit-related claims brought by a regional self-insured fund.
• Acted as counsel for an individual customer in a FINRA claim brought against an international brokerage firm.
• Represented individuals and brokerage firms in connection with securities fraud claims filed in federal court and arbitration.
• Acted as local counsel for an international company defending against federal trademark claims.
• Represented employers and employees in litigation involving discrimination, trade secret claims and non-competition clauses.
• Served as counsel for defendants in federal jury trials on charges of bank robbery and public corruption.

DAVID WEISMAN, partner

dweisman@millershakman.com
(312) 759-7211
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Mr. Weisman has significant trial and litigation experience in both the criminal and civil spheres. He has served as counsel in more than 100 federal criminal matters, and has tried approximately 16 cases to juries, including public corruption matters, fraud, and other federal criminal violations. He has handled all stages of the federal criminal process, including pretrial investigation, trial, sentencing, and appeals. While at the U.S. Attorney’s Office for the Northern District of Illinois, Mr. Weisman held various supervisory positions including Deputy Chief of General Crimes Section, and Senior Litigation Counsel. Additionally, he received several awards for his work, including two national Director’s Awards issued by the Attorney General’s Office. Mr. Weisman was selected to the Illinois Super Lawyers list in 2013 and 2014.
      Mr. Weisman has represented commercial clients in civil disputes as well, and has tried several civil matters to federal juries. In addition, he has represented private clients in connection with federal investigations and grand jury inquiries, and has conducted internal investigations for corporations and due diligence work on behalf of potential investors.

Selected Engagements

• Successfully represented corporate officers and directors in a federal criminal fraud investigation that resulted in company being charged but no charges or adverse action brought against represented clients.
• Represented undergraduate student in Title IX investigation and hearing. Student found not responsible of allegations lodged against him.
• Successfully represented public executives in multiple Inspector General investigations with no adverse action being taken against clients.
• Represented multiple compliance officers and outside counsel in federal investigations. While adverse actions were brought against company and other individuals, no adverse action brought against clients.
• Successfully represented health care professional in FDA criminal investigation. No charges or adverse action resulted from investigation to client.
• Represented former business executive for sentencing purposes in FDA criminal prosecution. Government argued for a sentencing guideline of 13 years’ imprisonment. Client sentence to probation and maximum fine.
• Represented individuals in criminal and administrative investigations involving futures trading as well as stock offerings.
• Represented multiple clients, including corporate entities and medical professionals in criminal health care fraud investigations.
• Represented multiple clients in civil False Claims Act litigation involving health care industry.
• As federal prosecutor, lead trial counsel in successful prosecution of Chicago Police Commander Jon Burge who was convicted of perjury related to police torture dating back three decades.
• As federal prosecutor, lead trial counsel in successful prosecution of white supremacist who solicited murder of federal judge.
• As federal prosecutor, trial counsel in successful prosecution of CBOE trader accused of multi-million dollar investor fraud.
• As federal prosecutor, trial counsel in prosecution of doctor accused of large-scale health care fraud. Obtained reversal of adverse decision by district court on appeal.

Julia K. Schwartz, associate

jschwartz@millershakman.com
(312) 759-7216
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Ms. Schwartz practices in federal and state court. She has represented clients in commercial litigation matters, including professional responsibility matters, legal malpractice cases, and partnership disputes. Ms. Schwartz also has experience in family law matters, contract disputes and civil rights litigation.

Selected Engagements

• Defended large national law firm against legal malpractice action.
• Represented law firm in a dispute concerning a member’s withdrawal liability.
• Represented client who alleged malicious prosecution and false arrest in federal court.
• Represented individuals in high net worth divorce proceedings.
• Represented national pharmacy benefits manager in arbitration addressing complex breach of contract claims.