Representative Litigation and Arbitration Experience
• Advanced Software Design Corp., et al. v. Federal Reserve Bank of St. Louis, et al., 2007 WL 3352365 (E.D. Mo.), aff'd, 583 F.3d 137 (Fed. Cir. 2009). Lead counsel for three Federal Reserve Banks and Fiserv, Inc. in obtaining summary judgment dismissing all claims against the Banks and against Fiserv insofar as they allegedly infringed the plaintiffs' patents when encoding data on U.S. Treasury checks to detect fraud on the grounds only proper defendant was the U.S. Government, who must be sued in Federal Court of Claims.
• Manpower Inc. v. Manpower Unternehmens-und Personalberatung Ges.m.b.H. (1991-1998). Lead counsel for Claimant in licensing/franchise dispute with Austrian joint venture partner in arbitration before International Arbitral Centre of the Federal Economic Chamber of Vienna. All three Tribunal awards were in favor of Claimant, including grant of injunctive relief and a seven figure damage award (SCH-4311/MAG). The awards were upheld by the Austrian Supreme Court on 26 April 2006 (Ob236/05i).
• George Fischer Foundry Systems, Inc. v. Adolph H. Hottinger Maschinenbau GmbH, 1994-1 CCH Trade Cases ¶70,566 (E.D. Mich. 1994), aff'd, 55 F.3d 1206 (6th Cir. 1995). Lead counsel for German licensor in this patent licensing antitrust case in which dismissal obtained on basis of the United States Supreme Court's decision in Mitsubishi Motors Corp. v. Soler Chrysler Plymouth, Inc. Successfully represented client in arbitration of antitrust claims before Zürich Chamber of Commerce.
• Good Humor Corporation v. Popsicle Japan KK. Lead counsel for Unilever subsidiary (Good Humor) in international trademark licensing dispute. 810 F. Supp. 1001 (E. D. Wis. 1992). Obtained summary judgment dismissing bulk of licensee's claims leading to favorable settlement.
• Bostrom Seating Inc. (USA) v. JMH Bostrom Europe Ltd. (United Kingdom). Obtained favorable settlement for client in this international licensing dispute after initial hearings in ICC arbitration. (1987-1989) (6035/BDG).
• Rexnord Inc. v. On-Line Software International, Inc. (1985). Obtained favorable settlement for Rexnord after 12 days of hearings and issuance of award in Company's favor by American Arbitration Association arbitral tribunal in this software licensing dispute.
Distribution, Franchise & Trade Regulation
• DSD Distributors Inc. v. Hansen Beverage Co., et al., (Cir. Ct. Rock County 07 CV 1120; 6 August 2007) Successfully represented this NASDAQ-listed beverage company in vacating ex parte temporary restraining order, defeating motion for preliminary injunction and obtaining stay of action pending arbitration in California in this distributor termination case.
• Frohling Farm Equipment, Inc. v. CNH America LLC. Lead counsel for major, multinational manufacturer of agricultural equipment in defeating terminated dealer's motion for a temporary injunction in this Wisconsin Fair Dealership Law action resulting in settlement of the case. (Jefferson County Cir. Ct., 21 Nov. 2005)
• Beer Capitol Distributing, Inc. v. Guinness Bass Import Co. Defeated terminated distributor's motion for a preliminary injunction for alleged violation of Wisconsin Fair Dealership Law. 2000-2001 CCH Bus. Franchise Guide ¶11,914 (E. D. Wis., 4 August 2000). On eve of trial obtained summary judgment dismissing case in its entirety. 2001- 2002 CCH Bus. Franchise Guide ¶12,155 (E. D. Wis., 27 Aug. 2001); aff'd, 290 F.3d 877 (7th Cir. 2002).
• Edison Liquor Corporation v. United Distillers & Vintners of North America, Inc. Obtained summary judgment dismissing this dealer termination case. 2000-2001 CCH Bus. Franchise Guide ¶11,957 (Waukesha County Cir. Ct., 6 Sept. 2000), aff'd, 2001-2002 CCH Bus. Franchise Guide ¶12,216. (Wis Ct. of App., 12 Dec. 2001)
• Maryland Staffing Services, Inc. v. Manpower, Inc., 936 F. Supp. 1494 (E.D. Wis. 1996). Lead counsel for Manpower in this franchise dispute in which dismissal of the bulk of the claims was obtained leading to a settlement.
• Ziegler Co., Inc. v. Rexnord Inc. Defeated motion for preliminary injunction in dealer termination case and obtained grant of summary judgment, which was affirmed by Court of Appeals. The Wisconsin Supreme Court reversed [139 Wis. 2d 593 (1987)], but subsequently granted Rexnord's motion for reconsideration and ruled in its favor [147 Wis. 2d 308 (1988)]. Favorable settlement obtained for client in 1992.
• Pillar Corp. v. Enercon Industries Corp. After nine days of trial, obtained dismissal of antitrust conspiracy and monopolization counterclaims. 1986-1 CCH Trade Cases ¶ 67,187 (Milwaukee County Cir. Ct. 1986).
• Swan Sales Corp. v. Jos. Schlitz Brewing Co., Obtained summary judgment for Schlitz, which was affirmed by Wisconsin Court of Appeals, in this Wisconsin Fair Dealership Law termination case. 126 Wis. 2d 16 (1985).
• FTC v. Imperial Chemical Industries, Ltd. (FTC 1972). Helped successfully defend ICl's acquisition of then-New York Stock Exchange company, Atlas Chemical Industries, Inc., from § 7 Clayton Act attack by FTC and negotiate consent decree.
Corporate, Commercial, Securities, Class Actions, and Accounting Malpractice
• Ori v. Fifth Third Bank and Fiserv, Inc. Lead counsel for defendants in now-settled consolidated class actions arising under the Fair Credit Reporting Act. 603 F. Supp. 2d 117 (E.D. Wis. 2009), 674 F. Supp. 2d 1095 (E.D. Wis. 2009).
• DMT S.A. v. Enercon Industries Corporation, 2008WL1869031 (E.D. Wis., 24 April 2008). Obtained summary judgment dismissing claim by French purchaser against seller of allegedly defective corona treating equipment transshipped to Iranian customer on grounds of illegality because of circumvention of U.S. export controls.
• Rich Products Corporation v. Kemutec, Inc., 66 F. Supp. 2d 937 (E. D. Wis. 1999), aff'd, 241 F.3d 915 (7th Cir. 2001 ). Obtained dismissal on summary judgment and affirmance on appeal of all tort claims in this multi-million dollar food contamination case on basis of economic loss doctrine.
• Chr. Hansen v. CK Witco Corp. n/k/a Crompton Corp. (1999-2000). Obtained seven figure settlement for U.S. subsidiary of Danish company on eve of hearings in dispute arising out of breaches of representations and warranties in stock purchase agreement as to FDA and environmental compliance. (Amer. Arb. Assn. Case No.13E1810010600).
• Beverly L. Halquist v. Halquist Stone Co., Inc. et al. Court-appointed Independent Panel to act in lieu of disinterested majority of board of closely-held corporation to investigate and recommend disposition of derivative claims. Thereafter successfully mediated the dispute. (Waukesha County Cir. Ct. 1998-2000).
• Aid Association for Lutherans v. Morgan Stanley & Co., Incorporated, Goldman Sachs & Co. and Merrill Lynch, Pierce Fenner & Smith, Incorporated. Represented underwriters in this securities case arising out of the failure of the Bank of New England Corporation. Obtained summary judgment on 1933 Act claims on statute of limitations grounds which led ultimately to favorable settlement (Milwaukee County Cir. Ct., 1991-1993).
• Torphy v. Touche Ross & Co. (Dane County Cir. Ct.). Retained by Office of the Commissioner of Insurance of the State of Wisconsin as lead counsel to prosecute multimillion dollar accounting malpractice claims arising out of 1981 collapse of Wisconsin domiciled insurance company. Substantial settlement obtained in 1989 after first week of jury trial projected to last 4 to 6 months.
• Briggs & Stratton Corp. v. Cross Co. and Cross & Trecker Corp. Represented Briggs in multi-million dollar breach of contract action and helped negotiate very favorable settlement (E.D. Wis. 1987-88).
• Rexnord Inc. v. Islamic Republic of Iran (1983). Obtained million dollar plus recovery for Rexnord after hearings before lran-U.S. Claims Tribunal (The Hague) (first million dollar plus Tribunal award) (Case No. 132).
• In Re Equity Funding Corp. of America Securities Litigation, 416 F. Supp. 161 (C.D. Cal. 1976). Successfully defended Coopers & Lybrand and related entities in what at the time was one of the largest securities fraud class actions ever and ultimately negotiated favorable settlement for the client.
• Allis-Chalmers Mfg. Co. v. Gulf & Western Industries, Inc. Involved in successful trial and appeal of short-swing profits securities case in which $2.5 million was recovered for Allis-Chalmers. 372 F. Supp. 570 (N.D. Ill. 1974), aff'd, 527 F.2d 335 (7th Cir. 1975).
• Zahn v. International Paper Company, 41O U.S. 925 (1973). Principal responsibility for preparing International Paper's briefs in both the Second Circuit and United States Supreme Court in this class action case in which the client prevailed.
Insurance Regulation, Insolvency and Bad Faith
• In the Matter of the Rehabilitation of Northwestern National Insurance Company of Milwaukee, Wisconsin. Principal counsel for the Wisconsin Commissioner of Insurance in this successful rehabilitation of this Wisconsin-domiciled insurance company. (Dane County Cir. Ct., Case No. 06 CV 3585).
• Wisconsin Patients Compensation Fund v. Physicians Insurance Company of Wisconsin, Inc. Successfully represented this statutory excess medical malpractice insurer in trying to verdict in 1999 the only statutory bad faith and breach of fiduciary duty case it had ever brought against a primary insurer. The judgment (approximately $1.2 million) was affirmed by the Wisconsin Court of Appeals in 2001 (No. 00-0505).
• Wisconsin Patients Compensation Fund v. St. Mary's Hospital of Milwaukee. Successfully represented this statutory excess medical malpractice insurer in recovering $4.8 million from a health care provider who wrongfully represented it had obtained coverage for professional liability claims when in fact it was an unapproved self-insured. 209 Wis. 2d 17, 561 N.W.2d 797 (Ct. App. 1997).
• In the Matter of the Liquidation of American Star Insurance Co. Principal counsel to the Wisconsin Commissioner of Insurance in this fifteen year liquidation of a San Francisco-based, Wisconsin-domiciled insurance company. (Dane County Cir. Ct., Case No. 92 CV4579).
• Forest County Potawatomi Community v. Judge James B. Mohr (Forest County Potawatomi Tribal Court 04-CV-27) and Judge James B. Mohr v. Forest County Potawatomi Community (Oneida County Cir. Ct. 04-CV-152). Lead Counsel for the Tribe in obtaining favorable ruling from Tribal Court and State Court Judges in unique inter-jurisdictional conference that held Tribal Court action to enjoin State case seeking to compel arbitration of this seven-figure contract dispute should proceed and State Court action should be stayed. This led to settlement of the case.