Hon. Morton Denlow (Ret.) joined JAMS in 2012 following 16 1/2 years of distinguished service as a magistrate judge for the United States District Court for the Northern District of Illinois. Judge Denlow is known as a creative problem solver who will not rest until a case is settled. During his first 11 years at JAMS, he achieved settlements totaling approximately $1.8 billion, including over 300 settlements of $1 million or more.

During his time on the bench, Judge Denlow presided over thousands of civil and criminal matters. He conducted over 2,000 settlement conferences and tried bench and jury trials, including complex commercial disputes, employment, ERISA, intellectual property and civil rights cases.

ADR Experience and Qualifications

• Mediated more than 900 disputes since joining JAMS in 2012, including more than 300 class action lawsuits
• Thought leader in the resolution of class action disputes through development of his class action checklist
• Over two decades of experience as a trial and appellate lawyer in complex commercial litigation and class action litigation; as a mediator, aids parties in their assessment of litigated outcomes, potential settlement pathways and the costs and benefits of each

As a mediator at JAMS, Judge Denlow has handled matters involving the following areas of law:

Representative Matters

• Antitrust & Competition
• $97,500,000 settlement in multidistrict antitrust suit against producers of potash
• $18,000,000 settlement of class action suit in commodities industry
• $4,800,000 settlement involving the container board and corrugated paper industry
• $39,000,000 settlement involving liquid crystal display (LCD) panels
• $9,000,000 settlement involving LCD
• $6,000,000 settlement involving cathode ray tubes
• $2,000,000 pre-suit settlement involving claim for price fixing for lithium ion batteries 
• Banking

Aviation loan

• Settled suit on defaulted aviation loan pending in Michigan

Bank class actions

• Settled several class actions alleging wrongful charges of bank overdraft and NSF fees
• Settled federal class action suit alleging deficient pre-sale notice following repossession of vehicles
• Settlement of class action claim alleging calculation error in loan modification

Bank fraud

• Settled suit alleging bank wrongfully deposited forged check
• Settled state court actions for $2,500,000 involving claims that bank officer conspired with third party to defraud bank customer
• Settled suit involving fraudulent equipment lease deal 

Bank trustee

• Settled suit against bank trustee alleging breach of fiduciary duty arising out of $10,000,000 investment loss

Bonding claims

• Settled suit seeking coverage under a financial institution bond

Directors and officers:

Settled 15 lawsuits and pre-suit claims brought by the FDIC against former officers and directors of closed banks in a number of states; some settlements involved directors and officers insurance carriers and others involved personal contributions by directors and officers 

Loan guaranty

• Settled suit on guaranty arising out of foreclosure on shopping center

Mortgage class actions

• Settled national class action against bank claiming that defendant bank breached its mortgage trial plan under the HAMP program
• Settled class action suit alleging bank failed to timely release mortgage liens after loans were repaid
• Business Commercial

Breach of contract:
Settled pre-suit disputes and lawsuits for breach of contract, including:

• Suit arising out of purchase of controlling interest in minor league baseball franchise
• Suit alleging improper payment of healthcare claims for major insurance company
• Pre-suit claim arising out of print services agreement
• Suit between two banks arising out of private student loan program
• Pre-suit claim between regional healthcare provider and provider of electronic medical records system
• Pre-suit claim by medical provider against medical billing provider
• Pre-suit claim for breach of contract and conversion arising out of futures market trading losses
• Suit for real estate advisor fee
• Suit alleging billing errors between utility and wind energy power supplier 
• Suit against a university alleging failure to issue Psy.D.
• Suits brought by 14 counties for failure to pay for copying of public documents
• Suit for breach of consulting agreement in the food industry
• Suit for failure to pay for new circuits installed in regional data centers
• Suit regarding the scope of defendant's payment obligations under tax consulting agreements
• Suit for exchange of design services for consignment services to sell furniture and art
• Suit for breach of marketing analytics agreement
• Pre-suit claim arising out of sale of dental practice
• Breach of contract of consulting agreement to improve performance of paper mill
• Claim by providers of dialysis services
• Pre-suit claim arising out of asset purchase agreement and dispute over amount of earn-out due
• Suit regarding escrow from sale of stores
• Pre-suit claim arising out of contract for maintenance of pipeline right of way
• Breach of contract arising out of sale of advertising services
• Suit arising out of sale of 400,000 barrels of ethanol
• Suit alleging failure to pay for delivery, rental and cleaning of oil tanks
• Pre-suit claim arising out of pharmacy benefits manager contract
• Pre-suit claim for termination of management agreement for senior residential facility 
• Suit arising out of temp agency staffing contract
• Suit alleging failure to pay rebates under shipping agreement
• Pre-suit claim arising out of liquidation of hedge fund investment
• Pre-suit claim for unpaid sales allowances for auto accessories
• Pre-suit claim for wrongful disclosure of confidential information

Breach of warranty 

• Settled suit for breach of warranty alleging defective boilers for use in the ethanol industry
• Settled suit for breach of warranty brought by telecommunications company against component supplier
• $10,000,000 settlement of breach of warranty claim arising out of machine collapse
• Suit alleging defects in nuclear power plant pump seals
• Pre-suit settlement of dispute involving long-term maintenance and repair service agreement for steam turbine generator

Derivative claims

• $1,500,000 settlement of derivative suit claiming breach of fiduciary duty and fraud
• $1,000,000 settlement of derivative suit alleging directors failed to timely sell business 

Distribution agreements 

• Settled dispute between a manufacturer and distributor arising out of alleged breach of a distributorship agreement
• $3,000,000 settlement of claim pending in arbitration alleging wrongful termination of distributor agreement
• $65,000,000 pre-suit settlement arising out of product supply and distribution agreement in the drug industry
• $3,500,000 settlement of suit alleging a breach of auto supply distribution agreement 
• Breach of contract pre-suit claim arising out of co-pack agreement in food processing industry

Family business disputes

• Settled three-year-old lawsuit between two sisters (minority shareholders) against two brothers (majority shareholders), resulting in multimillion-dollar buyout of sisters' interest in business
• $14,500,000 settlement of suit by family member, resulting in a buyout of minority interest 
• Settled lawsuits between siblings involving closely held business with $50,000,000 in annual sales
• Settled family business dispute between two brothers, including the auction of three jointly owned real estate properties
• Pre-suit settlement resulting in buyout of family member's ownership interest in private university 

Franchise disputes

• Pre-suit settlement of dispute between 30 franchisees and franchisor over compliance, fees and other issues
• Multimillion-dollar settlement between dealership owner and auto manufacturer involving fraud 
• Multimillion-dollar settlement of lawsuit by two shippers for alleged overpayment of shipping charges due to kickback and bribery scheme between company executive and two shipping companies

Joint venture disputes 

• Pre-suit settlement of claim arising out of ownership vesting agreement in the cannabis industry
• Settlement of pre-suit dispute separating parties in steel coating industry
• $1,200,000 settlement of claim for breach of fiduciary duty and dissolution of LLC
• Pre-suit settlement of dispute between two travel companies terminating their joint venture
• Settlement of four lawsuits involving the dissolution of a joint manufacturing and sales venture

Law firm disputes

• Breach of contract suit against law firm alleging entitlement to 33% of attorneys’ fees received in class action settlement 
• Settled pre-suit dispute involving the breakup of small law firm by means of a med-arb process
• Pre-suit claim by former law firm partner against firm alleging he was wrongfully forced out

Manufacturing 

• Breach of contract suit arising out of purchase of a surgical robot
• $375,000 settlement of claim in arbitration alleging defective manufacture of precision-cut-to-length steel line
• Settled breach of contract and breach of warranty suit alleging defective sensor in tractor air conditioning units
• $1,300,000 settlement of suit alleging defective dishwasher parts 
• Settlement of pre-suit claim alleging breach of contract to manufacture high-protein bars
• $600,000 settlement of pre-suit claim for breach of warranty of manufactured products
• Settlement of case in arbitration involving claim for breach of contract in manufacture and performance of integrated packaging line
• Settled breach of contract and breach of warranty suit that had been pending for four years between municipality and bus manufacturer involving 227 buses
• $9,700,000 settlement of breach of contract suit to manufacture two train sets
• $4,850,000 settlement of breach of contract suit alleging nonconforming cheese ingredients resulting in recall
• Breach of wheel assembly equipment purchase
• Breach of contract dispute arising out of supply agreement for radio pharmaceutical products
• Breach of contract claim arising out of purchase of major medical equipment 
• Settlement of claim in arbitration claiming breach of contract for the installation of a defective bottling line

Minority shareholder oppression claims 

• $3,500,000 settlement of suit by minority owner of LLC alleging oppression and breach of fiduciary duty
• Settled minority shareholder dispute arising out of sale of medical equipment to foreign company
• Settled pre-suit claim for breach of fiduciary duty and breach of contract brought by minority shareholder in anesthesia medical practice
• $2,600,000 pre-suit settlement of claims alleging breach of fiduciary duty and improper valuation of minority interest in tax redemption business
• Settlement of suit by minority shareholder in multistate pizza business
• $4,000,000 settlement of claim by minority shareholder for breach of fiduciary duty and accounting
• $1,000,000 settlement of breach of fiduciary duty claim by minority shareholder in medical marijuana company
• $275,000 pre-suit settlement and buyout of minority shareholder in construction management company
• $350,000 settlement of suit alleging minority shareholder oppression and breach of fiduciary duty
• $295,000 settlement of suit alleging fraud in sale of a business
• $550,000 settlement of suit alleging shares were not redeemed at fair price
• $950,000 settlement in lighting industry

Partnership disputes 

• Settled five-year-old suits between 50/50 partners arising out of $600,000,000 real estate business
• Settled two lawsuits between 50/50 partners involving 27 apartment complexes and devising plan of separation involving over $100,000,000 in real estate
• Settled a partnership dissolution of 50/50 partners between Dunkin Donuts franchisees 
• Settled suit to allocate $5,000,000 in proceeds of sale of restaurant and related real estate
• Settled accounting dispute between two partners in fashion industry
• Pre-suit settlement of buyout of 50% partner in manufacturing company
• Multimillion-dollar settlement of lawsuit between partners alleging breach of contract and breach of fiduciary duty
• Settled suit by law firm income partner claiming wrongful termination
• Settled pre-suit buyout of one of three partners in major real estate investment firm 
• Settled suit separating 50/50 partners in resin business pending in USDC ND IL
• Settled suit by partner alleging failure to share partnership profits pending in Cook County Circuit Court
• Settled suit by minority partner in restaurant business resulting in buyout of his interest 
• Pre-arbitration settlement of buyout of minority partner in investment management firm

Qui tam/False Claims Act

• $25,000,000 settlement of suit alleging overcharges for drone use in intelligence surveillance and reconnaissance
• $15,000,000 settlement of three suits brought by governmental entities alleging price fixing in liquid aluminum phosphate market (used for water treatment)
• $550,000 settlement arising out of claim for Medicare billing fraud

RICO

• Multimillion-dollar settlement of civil RICO lawsuit brought by more than 10 plaintiffs alleging fraudulent business practices 

Software contracts

• Pre-suit claim for breach of contract arising out of software licensing agreement in health care industry
• Breach of contract suit arising out of software implementation dispute 
• Breach of software contract suit in automobile industry
• Breach of contract suit arising out of contract to develop computer software-controlled system to coordinate dispatch of police, fire and paramedics
• Breach of contract pre-suit claim regarding reimbursements arising out of operation of waste reprocessing facility
• Pre-suit claim arising out of software license and distribution agreement 
• Breach of software maintenance agreement

Supply agreement

• Claim for failure to accept delivery of uranium concentrate
• Settled suit for breach of supply contract to produce, bottle and package beverages

Trade secrets

• Settled suits alleging former employee breached contractual and fiduciary duties and stole trade secrets in multiple industries
• Settled suit for theft of trade secrets involving code-based revalue software

Tortious interference with contract 

• Settled suit by food broker alleging grocery store chain interfered with contracts with food suppliers 
• Settled suit between two trucking companies alleging wrongful recruitment of truck drivers under contract
• Settled suit between two insurance companies alleging breach of nonsolicitation agreements of numerous insurance company employees
• Civil Rights
Section 1983 and equal protection

• $4,950,000 settlement with City of Chicago alleging failure to hospitalize and excessive force (Taser) resulting in death
• $22,500,000 settlement of matter brought against City of Chicago for failure to provide medical care following arrest
• $4,500,000 settlement brought against several suburban communities for five-year false imprisonment
• $155,000 settlement of matter brought against police officer for alleged on-duty sexual harassment
• $1,400,000 settlement of suits brought against municipality for failure to process rape kits
• Class Action & Mass Tort

Antitrust

• $97,500,000 settlement in multi-district antitrust litigation against producers of potash, a natural chemical used in fertilizers
• $39,000,000 settlement involving LCD panels
• $4,800,000 settlement involving the container board and corrugated paper industry
• $9,000,000 settlement involving LCDs
• $6,000,000 settlement involving cathode ray tubes

Banking

• Settled several class actions alleging wrongful charges of bank overdraft and NSF fees
• Settled federal class action suit alleging deficient pre-sale notice following repossession of vehicles
• Settled class action claim alleging calculation error in loan modification

BIPA (Illinois Biometric Privacy Act)

• Settled over 60 federal and state court class actions totaling over $65,000,000; representative cases include the following:
  • Settlement involving manufacturers of timekeeping devices for use by employers to keep track of their employees for payroll purposes
  • Numerous cases arising out of hand/finger scanning timekeeping systems used in grocery stores, restaurants, factories, hotels, food packaging facilities, staffing agencies, hospitals and other businesses
  • Settlement of several matters involving online “try-on” products

Breach of contract

• $3,100,000 settlement arising out of closure of college
• Several settlements involving colleges and universities for failing to provide in-class instruction during the pandemic
• Settled national breach of contract class action suit against list provider
• Settled class action involving "gap" debt cancellation contract for auto loans 
• Settled mortgage breach of contract class actions pending in USDC Iowa and USDC California

Consumer fraud claims 

• Approximately 40 cases around the country totaling over $60,000,000 in settlements, including the following:
  • Settled national class actions in connection with the labeling or advertising of naan flatbread products, cleaning products, health benefits of shoes, dog treats, “all natural” food products, under-filled candy boxes, infant acetaminophen, treadmills, non-dairy coffee creamers
  • Settled class action against landlord alleging overcharges for security deposits
  • Settled breach of contract class action against commercial waste management provider
  • Settled national class actions alleging defective barbecue grills and firebox trays, defective trucking navigation devices, auto emissions design defect
  • Settled class action brought under the Illinois Private Business and Vocational Schools Act
  • Settled class action suit alleging hospital wrongfully asserted lien against patients' personal injury claims
  • Settlement of 11 consumer class action cases arising out of alleged internet violations 
  • $12,000,000 settlement of claim alleging utility bill fraud 
  • Settlement of class action claim alleging calculation error in loan modification 

Data breach/privacy

• $1,000,000 settlement of data breach at medical network
• $1,000,000 settlement of invasion of privacy claim against app developer for unlawful tracking of runners
• $3,700,000 settlement of claim in USDC ND IL that defendant's sensual device improperly collects personal information without consent
• $5,750,000 in benefits and cash federal lawsuit settlement arising out of data breach of personal information from hospital
• $650,000 in benefits and cash federal lawsuit settlement arising out of data breach of personal information from hospital system
• $225,000 in benefits and cash federal lawsuit settlement arising out of data breach in medical rehab organization

Employment

• $1,500,000 settlement of suit alleging racial discrimination in hiring temporary workers
• $625,000 settlement of suit alleging nationwide claim under ADA regarding parking accessibility at 2,000 stores
• $800,000 settlement of a alleging racial discrimination in hiring temporary workers

ERISA

• $22,000,000 settlement arising out of suit alleging breach of fiduciary duty in 401(k) plan investment decisions and payment of excessive fees
• $17,000,000 settlement arising out of suit alleging breach of fiduciary duty in 401(k) plan investment decisions
• $2,400,000 settlement of suit alleging breach of fiduciary duty and that ESOP overpaid for purchase of company
• $3,500,000 settlement of suit alleging breach of fiduciary duty in management of two university retirement plans
• Settled ERISA anti-cutback suit for $15,500,000
• Settlement of suit against life insurance company alleging that it improperly received revenue-sharing payments from mutual funds
• $6,500,000 settlement of suit alleging university officials breached fiduciary duty in managing and investing pension funds 
• $5,500,000 settlement of suit alleging service date not properly calculated
• $990,000 settlement of suit alleging COBRA violations

Fair Credit Reporting Act

• $9,000,000 settlement of FCRA case on remand from U.S. Supreme Court
• $4,975,000 settlement of FCRA/FACTA suit
• $620,000 settlement of FCRA suit arising out of report obtained for employment purposes
• $975,000 settlement of suit alleging adverse employment action without providing report pending in USDC NDILL
• $850,000 settlement of FCRA and data privacy suit

Fair Debt Collection Practices Act

• $1,400,000 settlement of suit alleging unlawful vehicle repossession
• $900,000 settlement of suit alleging unlawful vehicle repossession

Fair Labor Standards Act (FLSA) and state wage statutes

• Settled class action and collective action suits in banking, bookstore, cellular phone sales, office equipment, temporary staffing, recruiting, health care (nursing), medical records, chicken catchers, newspaper, restaurant, remote call center employees, retail, gym, warehouse and staff augmentation providers industries

GIPA (Genetic Information Privacy Act)

• Settled GIPA class action case for $17,500,000

Insurance

• $2,039,500 settlement of suit alleging defendant wrongfully denied coverage for claims based on alleged misrepresentations in insurance applications

Mortgage class action

• Settled national class action against bank claiming that defendant bank breached its mortgage trial plan under HAMP program

Telephone Consumer Protection Act (TCPA)

• Settled more than 70 cases with settlements totaling over $300,000,000, including multimillion-dollar settlements arising out of auto industry marketing, bank telemarketing, credit union, furniture telemarketing, gas and electric marketing, insurance telemarketing, wine telemarketing, merchant processing telemarketing, mortgage telemarketing, restaurant marketing, security systems, school messaging, solar panel marketing, student loan collection activities, debt collection, survey calls, faxes, text messages, telephone company, mortgage lender and pharmaceutical company receivables collection agency calls for cases pending in California, District of Columbia, Florida, Georgia, Illinois, Indiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New York, Nevada, Pennsylvania, Texas, Virginia and Wisconsin 

Wrongful repossession

• $3,250,000 settlement of class action alleging wrongful repossession of cars
• $700,000 settlement for wrongful repossession of cars
• Cybersecurity & Privacy

Data breach and privacy claims 

• $1,000,000 settlement of a data breach at medical network
• $1,000,000 settlement of invasion of privacy claim against app developer for unlawful tracking of runners
• $3,700,000 settlement of suit that defendant's sensual device improperly collects personal information without consent
• $5,750,000 in benefits and cash federal lawsuit settlement arising out of data breach of personal information from hospital
• $650,000 in benefits and cash federal lawsuit settlement arising out of data breach of personal information from hospital system
• $225,000 in benefits and cash federal lawsuit settlement arising out of data breach in medical rehab organization
• $4,400,000 settlement of suit alleging mailing sent to plaintiffs disclosed HIV code
• $500,000 settlement of suit brought under the United States Stored Communications Act alleging hacking of private emails
• $1,950,000 settlement of suit arising out of hospital data breach
• $1,588,000 settlement of suit arising out of health center data breach
• Employment Law

Discrimination/retaliation

• $2,850,000 settlement of claim by corporate president alleging sex discrimination and retaliation
• $1,1000,000 settlement of claim brought by a former officer in investment management firm alleging wrongful termination and retaliation
• $300,000 settlement of claim by in-house counsel alleging age discrimination pending at EEOC
• $225,000 settlement of FMLA and race discrimination suit on behalf of two plaintiffs against manufacturing company
• $305,000 settlement in pre-arbitration claim by vice president alleging age and sex discrimination
• $487,500 pre-suit settlement of claim by group vice president alleging sex discrimination
• Pre-suit settlement of claim for disability discrimination termination in music industry
• $375,000 pre-suit settlement of claim for age discrimination arising out of termination of consulting agreement
• $105,000 pre-suit settlement of age and sex discrimination claim arising out of executive's demotion
• $230,000 pre-suit settlement of pay discrimination against hospital
• $1,500,000 class action settlement of lawsuit alleging racial discrimination in hiring temporary workers in candy factory
• $150,000 settlement of pre-suit claim for age discrimination by terminated distribution center manager
• $500,000 settlement of pre-suit claim by head of human resources negotiating separation agreement following allegations of race discrimination and retaliation
• $600,000 settlement of pre-suit claim by human resources vice president alleging her termination was the result of race discrimination
• $212,000 settlement of pre-suit claim by drug sales representative alleging sexual orientation discrimination and retaliation 
• Settlement of three wrongful termination lawsuits brought against union 
• $117,000 settlement of pre-suit claim alleging age discrimination in connection with failure to promote vice president
• Pre-suit settlement of claim brought by former corporate controller alleging disability and FMLA discrimination
• $250,000 settlement of suit alleging disability discrimination

Breach of contract

• $1,700,000 pre-suit settlement alleging breach of contract for unpaid bonus
• $775,000 settlement of suit brought by chief technology officer arising out of employment agreement
• Pre-arbitration settlement of breach of contract and breach of fiduciary claim against executive in securities investment industry
• $1,260,000 settlement of suit by former VP alleging breach of employment agreement for failure to pay for vested stock
• $1,125,000 settlement of suit for breach of contract arising out of vice president's claim that he was wrongfully terminated for cause 
• $1,475,000 settlement of suit alleging breach of employment agreement by former CEO who was terminated after being accused of breach of fiduciary duty
• $700,000 pre-suit settlement of claims by senior VP for commissions and stock options
• Settled breach of contract and wrongful discharge suit brought by real estate manager against his former employer
• $1,800,000 settlement of pre-suit claim by former company president for breach of contract and wrongful termination 
• $1,500,0000 settlement of lawsuit for alleged breach of executive employment agreement
• Pre-suit settlement of claim by officer against former employer alleging breach of equity participation agreement
• Settlement of suit between business and its former president alleging claims and counterclaims for breaches of contract and fiduciary duty
• Settled suit by law firm income partner claiming wrongful termination
• Settled several pre-suit claims and lawsuits brought by salespersons against former employers for unpaid sales commissions

EEOC class actions

• $2,500,000 settlement of claim on behalf of disabled persons who were refused employment in railroad industry
• $3,300,000 settlement of claim alleging discrimination against hearing-impaired package handlers
• Settlement of four claims pending at EEOC alleging sex harassment committed by partner in law firm
• $2,000,000 settlement alleging disability discrimination against major shipping company arising out of company's medical leave policy
• $6,000,000 settlement of suit alleging disparate impact in use of criminal background checks in hiring
• $4,400,000 settlement of ADA suit brought in the USDC SD IL
• $4,250,000 settlement of suit alleging sex discrimination in hiring women in mining industry
• $1,800,000 settlement of suit alleging race discrimination and retaliation in manufacturing industry

FLSA and state employment statutes

• Settled numerous FLSA/state law overtime/wage class actions and individual suits in banking, bookstore, office equipment, temporary staffing, recruiting, health care, home clinicians, medical records, newspaper, restaurants, retail, gym and warehouse industries

Sex harassment

• $328,000 settlement of claim for gender discrimination and sex harassment
• $250,000 pre-suit settlement of sex harassment claim against private club
• Settled two claims for sex harassment against dentist

Whistleblower claims

• $218,500 settlement of whistleblower wrongful termination lawsuit pending in federal court
• $162,500 settlement for wrongful termination alleging retaliation of whistleblower claim
• $625,000 settlement of claim for wrongful termination under Illinois Whistleblower Act
• Settlement of suit brought by park district executive director alleging retaliation and violation of Illinois Whistleblower Act
• $210,000 pre-suit settlement of whistleblower wrongful termination claim by bank employee

Workers Adjustment and Retraining Notification (WARN) Act

• $387,500 settlement on behalf of 130 employees
• Insurance
Agency dispute

• Settled pre-suit claim alleging refusal to award position as general agent
Class Action

• $2,039,500 settlement of suit alleging defendant wrongfully denied coverage of claims based on alleged misrepresentations in insurance application
Coverage

• $720,000 pre-suit settlement arising out of claim for forgeries under financial institutions bond
• $750,000 settlement of suit under life insurance policy where policy was terminated due to alleged late payment
• $300,000 settlement for defense costs arising out of civil investigative demands brought by government agency
• $2,250,000 settlement of pre-suit claim for insurance coverage arising out of employee theft
• $135,000 settlement of health benefits claim for emergency air ambulance transportation
• $280,000 settlement of pre-suit claim under fidelity insurance policy arising out of claim for employee theft
• $1,250,000 settlement of pre-suit claim against title insurance company for failure to disclose covenant
• $8,500,000 settlement of suit seeking coverage for the defense and resolution of asbestos bodily injury claims
• $4,000,000 pre-suit settlement of five-party coverage dispute arising out of underlying personal injury judgment
• $625,000 settlement of suit alleging duty to defend under general liability policy and the applicability of sub-limit endorsement
• $2,250,000 settlement of suit seeking coverage for preservation of property arising out of a pre-flood move of computer data
• $3,725,000 settlement of breach of contract/suit to recover on closing protection letters
• $8,000,000 settlement of insurance coverage claim arising out of underlying settlement of product liability cases
• $550,000 settlement of coverage action involving advertising disparagement coverage
• $1,500,000 settlement of coverage suit involving financial institution bond 
• $4 million settlement of suit involving insurance coverage and valuation dispute arising out of equipment breakdown
• Settled coverage dispute brought by municipality for environmental damage occurring over many years and involving multiple carriers and policies
• $1 million settlement of lawsuit involving coverage under fidelity policy
• Settled pre-suit dispute arising out of purchase of variable annuities
• Settled suit to recover under lienholder’s interest endorsement arising from governmental seizure of insured aircraft
D&O policies

• Settled 15 claims, both pre-suit and after commencement of litigation, by FDIC against former officers and directors of closed banks in which D&O carriers were involved in the settlement
• Settled an insurance coverage suit under D&O policy for amounts incurred in settling EPA claim
• $2,700,000 settlement of lawsuit brought by bankruptcy trustee against carrier for former officers and directors
Rescission

• $382,000 buyout settlement of pre-suit claim seeking rescission of disability and long-term care policies
Subrogation

• $4,900,000 pre-suit settlement of a claim arising out of electrical fire in plant
• Settled subrogation claim for water damage to commercial building due to alleged defective water sprinkler
• Intellectual Property
Copyrights/trademarks

• Settled suit for trademark infringement and breach of fiduciary duty arising out creation of new company in farm seed industry
• Settled lawsuit alleging copyright infringement of software
• Settled suit against multiple defendants alleging copyright infringement in connection with educational texts
• Settled 12 suits for copyright infringement of architectural home designs and related insurance coverage issues pending in Wisconsin, Iowa, Illinois and Indiana
• Settled false advertising claim pending in arbitration regarding alleged misrepresentations of prescription drug plans
• Settled trademark infringement claim between two insurance companies
• Settled suit involving claim for trademark violation and breach of restrictive covenant
• Settled suit for trademark infringement and unfair competition in meeting management and event marketing industry
• Settled lawsuit for trade and copyright infringement involving medical scrub uniforms 
• Settled suit alleging trademark infringement in consulting industry resulting in rebranding
Patents

• Settled patent suit involving thermal interface material
• Settled patent suit involving automated trading of derivatives
• Settled two patent infringement suits between parties relating to popcorn makers
• Settled patent suit involving online focus groups
• Settled pre-suit patent dispute involving respiratory devices
• Settled suit for patent infringement relating to spine surgery table
• Settled two suits involving claim for breach of patent license
• Settled patent suit involving automotive software
• Professional Liability

Accounting

• $600,000 settlement of pre-arbitration claim alleging accountant failed to discover employee fraud during company audit
• $200,000 settlement arising out of claim that accounting firm did not detect fraud committed by client employee
• $500,000 settlement of claim by bank against accounting firm alleging that assets purchased from FDIC were improperly valued
• $500,000 settlement of arbitration proceeding alleging improper asset valuation in connection with purchase of bank assets

Banking/directors and officers liability

• Settled 14 suits and pre-suit claims brought by FDIC against former officers and directors of closed banks alleging they were grossly negligent in making loans; settlements total over $43,000,000

Insurance

• $1,600,000 settlement of suit alleging malpractice by insurance broker in writing life insurance policy resulting in interpleader action by competing claimants to the policy

Legal

• $1,000,000 pre-suit settlement of claim alleging malpractice in providing tax shelter advice
• $1,900,000 pre-suit settlement of claim alleging malpractice caused exceptional case attorneys’ fees award in patent case
• $140,000 pre-suit settlement alleging malpractice arising out of real estate purchase and related rescission lawsuit
• $875,000 settlement of suit alleging legal malpractice arising out of patent litigation
• $525,000 settlement of suit alleging legal malpractice arising out of preparation of securities offering
• $7,500,000 settlement of suit alleging malpractice in structuring of real estate shopping center transaction
• $450,000 settlement of suit alleging malpractice in organizing LLC
• $550,000 settlement of suit alleging attorney failed to timely renew trademark
• $250,000 settlement of pre-suit claim alleging malpractice arising out of real estate purchase
• $225,000 settlement of suit alleging failure to adequately represent plaintiff in federal civil rights action
• $275,000 settlement of pre-suit claim that counsel caused client to make investment with crook
• $1,300,000 settlement of suit alleging malpractice in real estate litigation in which multimillion-dollar judgment was entered against plaintiff 
• $500,000 settlement of claim against bankruptcy counsel for alleged breach of fiduciary duty
• Real Property
• Settled multiple suits between 50/50 partners arising out of $600,000,000 real estate business
• Settled suits between 50/50 partners involving 27 apartment complexes and creation of plan of separation between partners involving over $100 million in real estate
• $2,300,000 pre-suit settlement of construction contract dispute arising out of currency fluctuation in South America
• $1,000,000 settlement of claim for breach of purchase/sale agreement of nursing home
• $257,000 settlement of landlord suit against tenant alleging property and environmental damage
• $800,000 pre-suit buyout of one of three partners in major private real estate investment firm
• Settlement of lawsuit brought by adjoining home owner alleging millions of dollars in damages arising out of construction of school building
• $1,250,00 settlement of pre-suit claim against title insurance company for failure to disclose covenant
• $325,000 settlement of suit alleging fraud and breach of contract in connection with purchase of shopping center
• Settled a breach of contract and fraud suit against builder arising out of construction of $2.3 million home
• Multimillion-dollar settlement of suit alleging breach of real estate remarketing agreement and counterclaim for fraud
• Settled two suits by real estate developer against municipality alleging breach of contract and fraud for failure to pay for his real estate marketing activities

Honors, Memberships, and Professional Activities

Memberships and Affiliations

• Member, Committee on the Administration of the Magistrate Judges System, Judicial Conference, 2005–2012 
• Past President and Board of Directors, Resolution Systems Institute
• Former Vice President, Jewish Judges Association of Illinois
• Board of Directors, Federal Bar Association and Chicago Bar Foundation, 2006–2012 
• Past Member, Advisory Committee, J.L. Kellogg Graduate School of Management Dispute Resolution Research Center 
• Adjunct Professor, Trial Advocacy, Northwestern University School of Law, 1990–1991 
• Senior Lecturer, Loyola University School of Law, 1983–1995
• Faculty, National Institute for Trial Advocacy, 1988–1998
• Frequent Lecturer, American Bar Association, Chicago Bar Association, Federal Bar Association, Northwestern University School of Law Corporate Counsel Institute, National Employment Lawyers Association, American Intellectual Property Association, International Claim Association, Association of Attorney Mediators, Employers Counsel Network and Practising Law Institute Consumer Financial Services Institute
• Judicial Profile, Federal Lawyer, December 2012

Selected Awards and Honors

• Recipient, Edwin A. Rothschild Award for Lifetime Achievement in Civil Rights, Lawyers' Committee for Civil Rights Under Law, 2015
• Recipient, Seymour Simon Justice Award, Jewish Judges Association of Illinois, 2010

Selected Publications

• “Settlement Conference Techniques: Caucus Do’s and Don'ts,” The Judges' Journal, published by the American Bar Association Judicial Division, volume 49 at p. 21, Spring 2010
• “Making Full Use of the Court: Come to Settle First, Litigate Second,” Litigation, the journal of the Section of Litigation of the American Bar Association, volume 35, number 1, at p. 28, Fall 2008 
• “What's an Attorney to Do? Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh Circuit Cases,” The Circuit Rider, the journal of the Seventh Circuit Bar Association, condensed version published at p. 24, May 2007
• “Settlement Conference Techniques: A Judge's Opening Statement,” The Judges' Journal, published by the American Bar Association Judicial Division, volume 45 at p. 23, Spring 2006
• “Judicial Settlement Databases: Development and Uses,” The Judges' Journal, published by the American Bar Association Judicial Division, volume 43 at p. 19, Winter 2004
• “The Motion for a Preliminary Injunction: Time For a Uniform Federal Standard,” The Review of Litigation, 22 Rev. Litig. 495, a University of Texas Publication, Summer 2003
• “Federal Jurisdiction in the Enforcement of Settlement Agreements: Kokkonen Revisited,” Federal Courts Law Review, Fed. Cts. L. Rev. 2, March 2003
• “Concluding a Successful Settlement Conference: It Ain't Over Till It's Over,” Court Review, published by the American Judges Association, volume 39 at p. 14, Fall 2002
• “Preliminary Injunctions: Look Before You Leap,” Litigation, the journal of the Section of Litigation of the American Bar Association, volume 28, number 4, at p. 8, Summer 2002
• “Settlement Conference Tips for Judges” (with a form and a list of things lawyers should not do), The Practical Litigator, ALI CLE, at p. 19, May 2002
• “Effective Mediation Advocacy: Perspectives Around the Mediation Table,” co-author, Alternative Dispute Resolution Practice Handbook, published by the Illinois Institute for Continuing Legal Education, Chapter 4, 2001
• “Breaking Impasses in Settlement Conferences: Five Techniques for Resolution,” The Judges' Journal, published by of the American Bar Association Judicial Division, at p. 4, Fall 2000
• “Justice Should Emphasize People, Not Paper,” Judicature, the journal of the American Judicature Society, vol. 83 at p. 50, September-October 1999
• “Trial on the Papers: An Alternative to Cross Motions for Summary Judgment,” The Federal Lawyer, published by the Federal Bar Association, vol. 46 at p. 30, August 1999
• “Steps to an Effective Settlement Conference: At the Table,” Pretrial Practice & Discovery Newsletter, published by the American Bar Association Section of Litigation, at p. 3, Winter 1998
• “Steps to an Effective Settlement Conference: Before You Come to the Table,” Pretrial Practice & Discovery Newsletter, published by the American Bar Association Section of Litigation, at p. 3, Fall 1997
• “Mediation of Commercial Disputes: A Useful Tool for Trial Lawyers and Their Clients,” Chicago Bar Record, published by the Chicago Bar Association, at p. 30, September, 1995; and in the Dispute Resolution Journal, published by the American Arbitration Association, at page 79, October-December 1995

Background and Education

• Magistrate Judge, United States District Court for the Northern District of Illinois, 1996–2012
•  Presiding Magistrate Judge, 2004–2008
• Partner, Dardick & Denlow, 1984–1993
• Partner, Sachnoff & Weaver, Ltd., 1979-1984
• Of Counsel, 1993–1996
• Director of Professional Services, Chicago Regional Office, JAMS/Endispute, 1995–1996
• Associate, Rosenthal & Schanfield, 1977–1979
• Law Clerk and Associate, D’Ancona & Pflaum, 1971–1977
• J.D., cum laude, Northwestern University School of Law, 1972
• Order of the Coif
• A.B., cum laude, Economics, Washington University, 1969