TRADE SECRETS AND RESTRICTIVE COVENANTS
Arpac Corp. v. Murray, 226 Ill. App. 3d 65, 589 N.E.2d 640, 168 Ill. Dec. 240 (1st Dist. 1992)
Successful enforcement of non-solicitation covenant against former vice president of shrink-wrap bundling manufacturer. Case cited as illustrating the extent of proof necessary to establish near permanent customer relationships in Illinois. Successfully defended three appeals, including an appeal from an award of attorneys’ fees and petition for leave to appeal to the Illinois Supreme Court. Partner James Rohlfing argued first appeal.
Acheson Industries, Inc. v. Blahnik and Fuchs Lubricants Co. (E.D. Mich. 1999)
Successfully defended action to enforce non-competition and non-disclosure covenants against former research and development chemist and chemist's new employer in metal lubricants industry. After defeating competitor's request for preliminary injunction, we successfully settled the case on confidential terms.
All Line, Inc. v. Doherty (Cook County, Ill. 1999)
Obtained preliminary injunction enforcing non-solicitation covenant against former officer of rope and cordage manufacturer and distributor. Demonstrated likely use of confidential customer information allegedly reconstructed from public sources. The defendant made confidential settlement after extensive briefing on appeal from the preliminary injunction, on the eve of oral argument.
Aceto Corp. v. Demitrios and Premium Ingredients (Middlesex County, N.J. 2000)
Defended and favorably resolved claims against flavor and fragrance ingredients distributor for tortious interference, misappropriation of trade secrets and breach of restrictive covenants, brought when the distributor hired the East Coast manager of a publicly held competitor.
Altschuler Melvoin & Glasser LLP v. Deloitte & Touche, LLP (Washington, D.C. 1998)
Extracted settlement, on monetary and non-monetary terms, against competing public accounting firm and former members of client's litigation consulting department, involving claims of misappropriation of confidential information, breach of restrictive covenants and corporate raiding.
Advanced Physicians Group v. Advanced Physical Medicine (DuPage County, Ill. 2004)
Prevailed on motion to dismiss complaint for breach of restrictive covenants and misappropriation of proprietary marketing and operations information, brought by multi-disciplinary health care practice against chiropractic physician and associates, based on unenforceability of covenants and non-confidential nature of allegedly misappropriated information.
The Curran Company v. Lee (DuPage County, Ill. 1995)
Secured permanent injunction and monetary judgment, including attorney's fees, after trial on claims of misappropriation of trade secrets and breach of restrictive covenants, against a former installer of electro-magnetic and radio frequency interference enclosures.
The Curran Company v. Imedco, AG (N.D. Ill. 1992)
Obtained monetary settlement and injunction action against Swiss licensee for alleged misappropriation of confidential information relating to electro-magnetic and radio-frequency enclosures.
Equis Corp. v. Stein (Cook County, Ill. 1996)
Obtained monetary settlement against former sales representative of commercial real estate broker, on claims of misappropriation of trade secrets, tortious interference and breach of fiduciary duty and fraud.
Farrell Hair Replacement v. Graham (Cook County, Ill. 2006)
Prosecution and settlement of claims against former IT contractor based on Illinois Trade Secrets Act arising from contractor’s disclosure of confidential customer database to departing employee.
AAA-1 Masonry and Tuck Pointing v. Galasinski (Cook County, Ill. 1994)
Monetary concessions obtained on price of tuck pointing business after under-cover investigation revealed that seller was fraudulently posing as his son-in-law while breaching his non-competition covenants.
Residential Finance Corp. v. Fawell (Cook County, Ill. 2001)
Obtained temporary restraining order leading to settlement of claims of breach of restrictive covenants and use of confidential information against former employees of Ohio residential mortgage loan originator.
Seligman & Assoc. v. Luhtanen (E.D. Mich. 1986)
Significant monetary settlement obtained upon presentation of expert testimony at preliminary injunction hearing in action against former vice president and competing mortgage loan software developer, on claims of misappropriation of confidential source code and copyright infringement. Leonard Hyman first chaired injunction hearing.
SHAREHOLDER AND PARTNERSHIP DISPUTES
Curran Wood Products v. Curran (Eagle River, Wis. 1990)
Represented surviving corporation, majority shareholder and corporate counsel in action between feuding, sibling shareholders. Ultimate resolution onmultiple claims by way of buy-out of minority shareholder's stock. Claims and counterclaims involved valuation of shares, use of confidential information, breach of fiduciary duty and violation of non-competition covenants.
Rhoads v. Wiggen (Cook County, Ill. 1996)
Procured favorable buyout of minority shareholder of telecommunications equipment manufacturer in action for rescission of less favorable buy-out agreement, breach of fiduciary duties, and misappropriation of trade secrets.
Cottone v. Kraar (Cook County, Ill. 1991)
Successfully procured buyout, free of restrictive covenants, for younger, minority shareholder of two-person optometric practice in vigorously contested action for oppression and dissolution.
Quality Alliance, Inc. v. Atmosphere Processing of Indiana, Inc. (N.D. Ill. 1994)
Quality Alliance, Inc. v. Atmosphere Processing, Inc. (Grand Rapids, Mich. 1994)
Obtained favorable settlement in action for breach of covenant of good faith in connection with the formation of South Shore steel processing facility. Settlement reached as jury being called to courtroom. Also recovered award of full commissions earned from related processing plant in Holland, Michigan, after extensive arbitration.
Silver v. Birnkrant (Cook County, Ill. 1990)
Obtained temporary restraining order freezing assets and obtained favorable settlement after Kentucky partner sought to sell assets of real estate partnership and abscond with proceeds.
Merikas v. Markopoulos (Cook County, Ill. 1995)
Defended managing member of real estate LLC from claims of misappropriating construction loan proceeds and paying excessive developer fees.
Moorman v. HeartWise (Cook County, Ill. 2005)
Successfully procured settlement on behalf of manager and putative minority partner of restaurant business, ousted on the pretext of mismanagement, one eve of planned nation-wide expansion of business.
CONDOMINIUM AND CONSTRUCTION LITIGATION
Pliester v. Caspian Properties, LLC (Cook County, Ill. 2007)
Defense of condominium developer accused of causing collapse of foundation wall to adjoining neighbor’s residence during excavation, brought after agreement reached with respect to extent and nature of remedial repairs.
Riverwoods Condominium Association v. Weinberg (Cook County, Ill. 2005)
Obtained settlement on behalf of condominium association against developer and developer’s agents on claim exceeding $1 million arising from misrepresented conditions of common elements under theories of breach of contract, consumer fraud and breach of fiduciary duty.
Homewood Condominium Association v. Hargrove (Cook County, Ill. 2006)
Procured settlement on eve of trial on behalf of condominium association against defunct developer and developer’s representatives on claims arising from substandard performance of property renovations and defective accounting of association funds.
Maud-Seminary Condominium Association v. Schmitt (Cook County, Ill. 2007)
Successfully defended motion for temporary restraining order and achieved universal settlement of various claims and counterclaims of retaliatory eviction, mismanagement and rules violations among owners and board members of townhouse condominium association.
EMPLOYMENT TERMINATION AND DISCRIMINATION
Raintree Health Care Center v. Illinois Human Rights Commission, 173 Ill. 2d 469, 672 N.E.2d 1136, 220 Ill. Dec. 124 (1996)
Successfully procured Illinois Supreme Court recognition of exception to employment discrimination provisions of Illinois Human Rights Act, where alleged discrimination is taken in good faith reliance on countervailing agency regulation. Represented nursing care facility charged with disability discrimination after it relieved employee who tested HIV positive, pursuant to Department of Health regulations. Supreme Court ultimately found client was not entitled to judicially recognized exception, on state of trial record.
Coco v. Elmwood Care, Inc., 128 F.3d 1177 (7th Cir. 1997)
Successfully defended age discrimination claim brought by maintenance person against nursing care facility. Partner, Davi Hirsch, successfully defended appeal in the Seventh Circuit.
Voitik v. Metal Lubricants Co. (7th Cir. 2000)
Disability discrimination complaint brought by truck driver who was discharged after testing positive on random drug test taken pursuant to Department of Transportation regulations. Completely prevailed in District Court and complaint dismissed; case settled in Seventh Circuit for after oral argument.
Ivy v. A.J. Antunes and Co. (N.D. Ill. 1999)
Obtained monetary settlement, including attorney's fees, on race discrimination and retaliation claims brought against a manufacturer of restaurant equipment. Successfully defended dispositive motions as court-appointed counsel for plaintiff.
Gabriel v. Fuchs Lubricants Co. (Grand Rapids, Mich. 1998).
Complete vindication of employer on claim for wrongful discharge when manager of Grand Rapids industrial lubricants distributor demonstrated to have diverted business opportunities to his father’s business.
Van Patten v. Oak Park YMCA (Cook County, Ill. 2006)
Early confidential settlement of claims on behalf of former employee alleging wrongful discharge after employee was allegedly fired for communicating with board members, at their request, concerning organization’s efforts to redress accounting defalcations of co-employee.
PROFESSIONAL LIABILITY
Aberdovey LLC v. Kolodenko (Cook County, Ill. 2002)
Successful recovery of an estimated $10 million in commercial real estate assets and business interests partially titled in name of former attorney, in-house counsel and alleged partner of physician and physician’s medical practice group.
Donlar, Inc. v. Rico (Cook County, Ill. 1999)
Successfully defended director and vice president of environmental technology firm against claims of breach of fiduciary duty and conspiracy to take over corporation with third party venture capitalist investor. Procured comfortable monetary settlement on counterclaims for breach of employment contract.
Wacker Drive Associates v. Katten Muchin & Zavis (Cook County, Ill. 1993)
Successful dismissal of third-party complaint against real estate brokerage firm on close to $1 million claim that real estate broker misadvised its client (a law firm) of legal ramifications of holdover provisions of client's office lease.
Troiano v. First National Bank of Mt. Prospect (Cook County, Ill. 1991)
Favorable settlement in defending bank accused of misapplying hundreds of thousands of dollars in payments on promissory note purchased from bank, after discovering latent ambiguities in purchase documentation.
Ullman & Phil Architects, Ltd. v. American National Bank (Cook County, Ill. 1995)
Prosecuted architectural malpractice case in connection with completion of luxury high-rise condominium.
Shenk v. First National Bank of Mt. Prospect (S.D. Fla. 1991)
First National Bank of Mt. Prospect v. Shenk (N.D. Ill. 1992)
Successful dismissal of complaints alleging that bank violated Florida blue sky laws and fraudulently misrepresented investment opportunity when retired physician borrowed hundreds of thousands of dollars to invest in illegal Nebraska Tribe gaming casino.
In re DeLorean Motor Company (E.D. Mich. 1985)
Defended former director of bankrupt automobile manufacturer, including prosecution of third party claims against Arthur Andersen and various members of British Parliament, on bankruptcy trustee's claims of breach of fiduciary duty and negligence in failing to discover former CEO's defalcations.
Capstone Consulting, Inc. v. Deloitte & Touche LLP (Cook County, Ill. 2001)
Recovery of fees due from public accounting firm on placement of executives after three day arbitration of claims and counterclaims alleging malperformance by placement firm.
Equis Corp. v. Florsheim Group, Inc. (Cook County, Ill. 2002)
Prosecution of claim for $700,000 in real estate commissions for successfully negotiating lease terminations on behalf of publicly held shoe retailer.
BROKER AND REAL ESTATE LITIGATION
Quality Alliance, Inc. v. Atmosphere Processing of Indiana, Inc. (N.D. Ill. 1994)
Quality Alliance, Inc. v. Atmosphere Processing, Inc. (Grand Rapids, Mich. 1994)
Obtained favorable settlement in action for breach of covenant of good faith in connection with the formation of South Shore steel processing facility. Settlement reached as jury being called to courtroom. Also recovered award of full commissions earned from related processing plant in Holland, Michigan, after extensive arbitration.
Gerbie v. Greffin (Cook County, Ill. 2006)
Prompt settlement of claims to quiet title and for slander of title arising from recordation of sales contract voided under attorney review provision.
Silver v. Birnkrant (Cook County, Ill. 1990)
Obtained temporary restraining order freezing assets and obtained favorable settlement after Kentucky partner sought to sell assets of real estate partnership and abscond with proceeds.
Aberdovey LLC v. Kolodenko (Cook County, Ill. 2002)
Successful recovery of an estimated $10 million in commercial real estate assets and business interests partially titled in name of former attorney, in-house counsel and alleged partner of physician and physician’s medical practice group.
Equis Corp. v. Florsheim Group, Inc. (Cook County, Ill. 2002)
Prosecution of claim for $700,000 in real estate commissions for successfully negotiating lease terminations on behalf of publicly held shoe retailer.
GENERAL COMMERCIAL LITIGATION
Paramount Health Systems, Inc. v. Wright, 138 F.3d 706 (7th Cir. 1998), cert. den., 515 U.S. 929 (1998)
Paramount Health Systems, Inc. v. Wright, 907 F. Supp. 1212 (N.D. Ill. 1995)
Completely prevailed in district court in estimated $350 Million class action suit brought on behalf of Medicare providers of Part B insured items and services to low income Medicare beneficiaries within the State of Illinois. Reversal and partial remand after congressional enactment while case was pending in Seventh Circuit. Subsequent efforts to challenge the constitutionality of amendments, including a petition for certiorari to the United States Supreme Court, were unsuccessful. Co-counsel were Judith Sherwin, Bruce Sperling and Harvey Barnett.
Laurel Motors, Inc. v. Airways Transportation Group of Companies, Inc., 284 Ill. App. 3d 312, 672 N.E.2d 785, 219 Ill. Dec. 932 (2nd Dist. 1996)
Successfully defended lessees of numerous Mercedes vehicles in action to enforce purported security interests of lessor's unpaid vendor.
Johnson v. Ogden Chrysler Plymouth (Cook County, Ill. 1991)
Successful dismissal of class action lawsuit alleging consumer fraud in charging phantom fees by car dealership and loan originator, as res judicata and on basis of release given in prior class action.
Lager v. Partners Liquidating Trust (N.D. Ill. 1998)
Brought pre-emptive declaratory judgment action to establish limited recourse provisions of promissory notes given by investors of real estate partnership.
Ferrer v. SOS, Inc. (Cook County, Ill. 2002)
Gillette v. SOS, Inc. (Cook County, Ill. 2002)
Defended recording company music publisher against claims by various artists for millions of dollars in musical royalties.
McKee v. McKee (Cook County, Ill. 1998)
Prosecution of claims for breach of letter of intent to enter into post-nuptial marital settlement agreement, signed after octogenarian husband transferred $25 million in stock to revocable trust for benefit of persons other than his wife, leading to favorable settlement of Lake County divorce proceeding. Co-counsel in divorce proceeding was Lake, Toback & Yavitz.
Kingswood Plaza v. Feldman (E.D. Mich. 1986)
$1.4 million declaratory judgment on issue of whether interest was payable on accrued but unpaid interest under terms of ambiguous land contract, after bench trial. First chair was Leonard Hyman.
NAB Bank v. Focus Financial (Cook County, Ill. 1998)
Recovery of approximately $400,000 judgment against corporate borrower and guarantors on line of credit procured with forged powers of attorney, drawn upon with forged documents, which referenced phantom collateral.
Eueler v. Balzano (Cook County, Ill. 1996)
Successfully dismissed petition to vacate arbitration award of National Futures Association, seeking plenary review of extensive 5-month arbitration hearing determining rights to use commodity trading software, on ground that petition filed, but not served, within statutory time period.
LGBT ISSUES AND STRATEGIES
Our firm regularly represents members of the lesbian, gay, bisexual and transgender communities on a host of matters particularly affecting us, including discrimination, estate and life planning, property issues and relational disputes and dissolutions. In Illinois, in particular, gay lesbian, bisexual and transgender couples must take affirmative steps in order to attain the simple protections automatically bestowed on married, heterosexual couples.
Mark J. Bereyso and Associates, P.C.
Attorneys at Law
Suite 3300
10 South La Salle Street
Chicago, Illinois 60603
Telephone: (312) 726-4290
Facsimile: (312) 726-4291
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