Super Lawyers: Corporate Counsel Edition Includes L&G Partner Profile

The premier publication of this popular national resource has selected Lowis & Gellen partner Gerald Haberkorn as one of their profiled "go to" lawyers for business litigation. The edition will have broad national distribution to general counsel and chief executive officers of public and private companies and key lawyer profiles will be posted at superlawyers.com.

DISMISSAL OF PHYSICIAN’S EMPLOYER AFFIRMED ON APPEAL

Partner Vito Masciopinto and Deborah O’Brien (Of Counsel) successfully defended the Not Guilty verdict previously garnered by Lowis & Gellen in favor of the firm’s client, an attending physician’s employer, before the First District Appellate Court in Chicago. The plaintiff mother sought reversal of the jury’s verdict that the defendant physician and his employer were not negligent in failing to diagnose the heart condition which led to the death of her son (an admitted cocaine user), while he was under the physician’s care. In affirming the defense verdict, the Appellate Court rejected the plaintiff’s arguments that the trial court committed error when it limited recross-examination of a defense expert, and by refusing to instruct the jury on aggravation of a preexisting condition.

Donating Time to the Community

Lowis & Gellen partner Gerald Haberkorn was unanimously elected to the 2007-2008 LaGrange Little League Board of Directors.

New Associate Attorneys

Linda B. Conroy and Justin C. Doolittle were both law clerks with Lowis & Gellen while attending law school and have each established a considerable body of experience in their selected areas of practice.

Ms. Conroy is a graduate of The John Marshall Law School, where she was on the Dean’s List, and an honors graduate of Loyola University Chicago (BA Political Science and Communications). While at Loyola University Chicago, she was elected to the National Political Science Honor Society, the National Communication Honor Society, and the National Society of Collegiate Scholars. Her experience as a law clerk focused primarily in medical malpractice and personal injury litigation. She will concentrate her practice in civil litigation with an emphasis on medical malpractice defense.

Mr. Doolittle began law school on an academic scholarship at Willamette University College of Law in Salem, Oregon. He completed his legal studies at Loyola University Chicago School of Law. He was named to the Dean’s List and was designated a Mayer Brown Vis Moot Fellow for 2006-2007. Mr. Doolittle also competed in the Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria, in 2007. As an undergraduate, Mr. Doolittle attended The Colorado College (B.A., in Philosophy, with a minor in Physics), where he was the only student appointed to the Intellectual Engagement Committee created by the President of Colorado College to develop a strategic plan for the future development of the College. As a Lowis & Gellen law clerk, he researched and drafted procedural motions for both corporate litigation and medical malpractice issues. He will practice in commercial litigation, shareholder disputes, municipal liability defense and constitutional tort defense.

Trial Victory in Multi-Million Dollar Hospital Case

Lowis & Gellen Attorneys Robert H. Smith, Vito M. Masciopinto, Scott R. Wolfe and Julia Molina obtained a Not Guilty verdict for a Chicago hospital and its emergency department physicians. The Plaintiff’s attorney asked for $15,000,000 from the jury. Plaintiff, a 6-year-old boy, was taken to the hospital’s ER due to back pain where he was examined. The ER felt he was stable and discharged him without doing an MRI. Approximately one week later he lost function in his legs and was taken to another hospital where an MRI diagnosed a spine tumor. Emergent neurosurgery was done but the boy was rendered a paraplegic with no movement or sensation below the umbilicus. The boy, now 18 years old, is confined to a wheelchair, is permanently incontinent of bladder and bowel, is impotent and suffers from skin breakdowns from his wheelchair. Lowis & Gellen argued plaintiff's visit to the hospital was very early in the disease process and the tumor could not be diagnosed at that time. After a three-week trial the Cook County, Illinois jury returned a verdict in favor of Lowis & Gellen’s clients, the hospital and ER physicians.

Lowis & Gellen Real Estate Practice Group partner to speak at Zoning and Land Development seminar

Firm partner, David L. Grobart, will be a featured presenter at an upcoming continuing education seminar on the various aspects and complexities of land use law.

“Zoning, Subdivision and Land Development Law in Illinois,” sponsored by Lorman Education Services, will be held on Thursday, December 6, 2007 at the Holiday Inn – Elk Grove, 1000 Busse Road, Elk Grove Village, IL.

Seminar highlights will include:

Government authority in the development process

Common permitting issues

Overview of zoning measures

Zoning mechanisms

This program is designed for attorneys, business owners, lenders, surveyors, project managers, real estate agents and brokers, surveyors, land use officials and other professionals involved in the commercial real estate development process.

The Lowis & Gellen Real Estate Practice Group represents clients in all aspects of complex commercial real estate transactions. If you would like more information, please contact David Grobart at dgrobart@lowis-gellen.com or by phone at (847) 282-1201.

Lowis & Gellen Real Estate Practice Group partner to speak at ICSC law conference

Firm Partner, David Grobart, will lead a roundtable discussion during the International Council of Shopping Centers Law Conference, October 24-27 in San Diego, CA. David will be discussing the many complexities involved in negotiating ground leases. The Lowis & Gellen Real Estate Practice Group represents clients in all aspects of complex commercial real estate transactions. If you would like more information on this upcoming event or regarding the firm’s Real Estate Practice Group, please contact David Grobart at dgrobart@lowis-gellen.com or by phone at (847) 282-1201.

Lowis & Gellen Concludes Family Busness Transfer Agreement

L&G concluded a restructure of family interests in two real estate land trusts as well ownership interests in a family owned Hispanic grocery. The family members wished to realign their ownership interests based on their changing business focus. One member of the family transferred his minority interests in two land trusts to another family member to enable that other family member to focus on the ownership and operation of the businesses at those two locations. The transaction also enabled one family member to take complete ownership of ethnic neighborhood grocery so that member could devote exclusive attention to the growth and success of that business."

DISMISSAL OF HOSPITAL AFFIRMED ON APPEAL

Partner Brian Levin, Associate Brad Wolven, and Deborah O’Brien (of counsel) successfully defended the dismissal of Rush Oak Park Hospital on appeal before the First District Appellate Court in Chicago. The appellate court affirmed the trial court’s dismissal of Rush on grounds that the plaintiff failed to exercise reasonable diligence in serving Rush with plaintiff’s summons and complaint alleging negligent performance of a vertebroplasty procedure performed at the hospital.

FORUM NON CONVENIENS TRANSFER FROM COOK TO KANE AFFIRMED ON APPEAL

Partner Vito Masciopinto and Deborah O’Brien (of counsel) successfully defended the forum non conveniens transfer of plaintiff’s medical negligence complaint against Sherman Hospital on appeal before the First District Appellate Court in Chicago. The appellate court affirmed the trial court’s transfer of the action from Cook to Kane County, finding that both public and private interest factors strongly favored transfer to Kane County. In affirming the transfer, the appellate court recognized that most of the parties, including the plaintiff, are located in Kane County, and that the alleged negligent acts occurred in Kane County.

Cary Depel Named Of Counsel in L&G’s London Office

In recognition of his long professional and personal relationship with Lowis & Gellen, and in the firm’s continuing commitment to provide top tier counsel to our US and international clients, Cary Depel has been named Of Counsel to the firm, resident in the London office. He will continue to serve as IRM Chairman and Non-Executive Director of Compliance, Legal and Risk Management at ECU Group plc, a London-based alternative investment manager and hedge fund. Cary is a solicitor licensed to practice in England and Wales, and also admitted to practice in California.

Cary was the Compliance, Risk & Legal Director for City Index Ltd (formerly IFX Markets Ltd). He holds non-executive directorships in mining, financial services and strategy consultancy businesses. He has served as a Director of a major UK stockbroker, Chief Legal Officer for the largest UK insurer, and Special Counsel to Lloyd's, as well as maintaining a private legal practice in London and San Francisco.

For additional information on Cary’s credentials and details on his practice, please see his biography at click here. He invites your inquiries at cdepel@lowis-gellen.com.

$5 Million Copyright Battle Yields Rare Verdict for Doctor

Rob Smeltzer, a partner in Lowis & Gellen's Chicago office, and Deb O'Brien of the firm's Orlando office, along with the support of associate Ethan Hayward, recently obtained a not guilty verdict defending a surgeon in a highly publicized copyright claim in the U.S. District Court for the Middle District of Florida. The hotly contested case involved a multiple-count complaint concerning the ownership of an internet domain name and of web site content written by our client during his employment in a medical facility.

After leaving the medical facility to start his own business, the surgeon transferred the domain name and modified the content of the website to promote his new practice. Mr. Smeltzer and Ms. O’Brien contended that the surgeon had not created the website content "in the scope of his employment" with the medical facility and that, as the original registrant of the domain name, the surgeon owned it.

Mr. Smeltzer and Ms. O'Brien successfully dismissed two of the ten counts in the complaint before the trial, and another two after the jury verdict. And although the jury originally found that the medical facility (and not the surgeon) had owned and paid for the domain name and copyrighted web site content, the jury ultimately found for the surgeon on the basis that Plaintiff's copyright registration in the web site was invalid because it had been obtained fraudulently from the Copyright Office. Obtaining a verdict on this basis is extremely rare and resulted in a winning verdict for our client on the key copyright count at issue.

Although the jury did find in Plaintiff's favor on several other counts of the complaint, Mr. Smeltzer and Ms. O'Brien were able to manage the surgeon's risk by attacking Plaintiff's damages claims and the importance of the website in driving patients to the client's cosmetic surgery practice.

In the end, the jury awarded Plaintiff only $90,000 of the more than $5 million dollars sought. Significantly, however, due to the prevailing party attorneys' fees provisions of the Copyright Act, as well as our lawyers’ pre-trial use of the federal offer of judgment statute (Federal Rule of Civil Procedure 68), we are now pursuing a net recovery in the surgeon's favor. Moreover, the extremely favorable result was obtained at a cost that was less than one-third of Plaintiff's costs. For further information about the case, or Lowis & Gellen's national intellectual property practice, please contact Rob Smeltzer (rsmeltzer@lowis-gellen.com)

Peer Recognition

Jennifer Lowis, Pam Gellen, Robert Smith and Gerald Haberkorn were recommended by their peers to be among the Top Civil Defense Lawyers in Illinois, according to a Leading Lawyers Network listing in the October 2007 issue of Chicago Lawyer. Haberkorn was honored in the area of Professional Malpractice Defense. Lowis, Gellen and Smith were each recognized for their expertise in Medical Malpractice Defense representations.

Directorships

L&G partner Gerald Haberkorn has been appointed to serve on the Boards of Directors of four U.S. subsidiaries of Ontario-based Energy Savings Income Fund, an open-ended, limited-purpose trust to hold securities and to distribute the income of its wholly owned subsidiaries and affiliates. Through its subsidiaries and affiliates, Energy Savings markets natural gas to residential customers and small to mid-sized commercial businesses in Ontario, Manitoba, Alberta, Illinois and New York, as well as solely to commercial customers in Quebec and British Columbia. Energy Savings also markets electricity to residential and small to mid-sized commercial customers in Ontario, Alberta, New York and Texas.

Successful Defense of Hospital and Emergency Physicians

Lowis & Gellen partner Brian Levin successfully defended Sherman Hospital and its emergency department physicians in a recent trial. The case was brought on behalf of a 58-year old woman with multiple co-morbid conditions. Plaintiff’s counsel claimed the emergency room physicians, on two separate visits, failed to diagnose Coumadin toxicity (a condition that hampers the blood's ability to clot when a bleed occurs) and failed to reverse the potentially fatal condition in a timely manner. When an acute, but not active, brain hemorrhage was detected, Vitamin K (which reverses Coumadin toxicity) was given and the patient was transferred to the care of a neurosurgeon at another hospital. The bleed healed without surgery, and the patient was placed back on Coumadin. She experienced a series of subsequent bleeds, and died more than five months later, due to an infection contracted from a central IV line. Plaintiff’s counsel asked the jury for $4.9 million in closing arguments. The jury returned a defense verdict for the hospital in under three hours.

Gerald Haberkorn appointed to the Chicagoland Chamber of Commerce Board of Directors

Partner Gerald Haberkorn has been appointed to the Chicagoland Chamber of Commerce Board of Directors and will serve on the Chamber’s Middle Market Forum Advisory Subcommittee. The Chicagoland Chamber of Commerce, founded in 1904, has 2,600 members and is one of the largest not-for-profit business assistance and economic development organizations in the U.S. It is primarily a business resource center, dedicated to helping area businesses grow and promoting the economic development of the region. Visit their web site for more information at http://www.chicagolandchamber.org/

Lowis & Gellen Client Sells Business

Lowis & Gellen represented the sellers (“Sellers”) in the sale of their highly successful, Indiana based, medical device manufacturing business to a privately held company headquarted in California. This stock sale featured a substantial cash payment at closing, together with an escrowed holdback amount, an earn-out arrangement and a 338 election.

Click here to learn more about the business and its new owner.

The Lowis & Gellen team consisted of Gerald Haberkorn, Robert Leavitt, and Mehreen Sherwani, who assisted in the Sellers’ due diligence compliance and exclusively handled for the Sellers all legal aspects of the transaction including the structuring, drafting and negotiating of the sale, employment and non-competition documentation.


For more information, please contact:
Gerald Haberkorn, (312) 456-2701
geraldh@lowis-gellen.com

Dismissal of Doctors in Surgical Burn Lawsuit

Lowis & Gellen, LLP has obtained a dismissal of its clients from a lawsuit concerning burns sustained during a surgery. In the case, a 50-year-old woman was having a non-cancerous cyst removed from her pelvis. The surgery utilized an electric knife that simultaneously cuts tissues and cauterizes bleeding vessels. The knife requires a grounding pad to prevent electrical burns to the patient. Following the surgery the patient was found to have third degree electrical burns over her abdomen requiring skin grafts likely due to the grounding pad being improperly placed. Attorney Scott R. Wolfe represented the physicians in the surgery. Through careful preparation and deposition testimony, the plaintiff was convinced by Scott that the physicians had nothing to with placing the grounding pad and the physicians were dismissed shortly following their depositions with no settlement or other payment on their behalf. The case remains pending against the hospital and the manufacturer of the equipment, who are not represented by Lowis & Gellen. For more information on the case or for general information regarding Lowis & Gellen’s professional malpractice group or general liability practice please contact Scott R. Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.

American Physicians Assurance Names Lowis & Gellen Partner “Illinois Attorney of the Year”

EAST LANSING, MI . . . Mark J. Smith, a partner with the Chicago law firm of Lowis & Gellen, received the “2006 Illinois Attorney of the Year Award” from American Physicians Assurance Corporation.

American Physicians is a leading provider of medical professional liability insurance in the Midwest and New Mexico. According to Cathy Shutack, Vice President of Claims, “These attorneys are some of the most elite in the country.”

Mr. Smith is among the “best of the best” and was singled out for this award because of his trial skills and attention to detail. Shutack stated, “We are very lucky to have him on our team. Mr. Smith is deeply committed to his profession and attuned to the medical field, perhaps because his father is a physician. Mark’s dedication to our insureds is unwavering.”

“I was surprised and certainly honored to receive this award,” said Mr. Smith. “This is especially meaningful coming from a company like American Physicians that demands the highest level of excellence.”

Mr. Smith joined Lowis & Gellen as a Partner in September of 2001. In active practice since 1991, he represents corporations and individuals in commercial and corporate litigation in state and federal courts throughout the country. According to his colleagues:

“This significant award recognizes Mark’s status as an aggressive trial lawyer with excellent skills. He cares deeply about winning, but he cares more about securing the best possible resolution for his clients in every adversarial situation. He is a valued member of our firm, an effective advocate for his clients and a fine person.” – Pam Gellen, founding partner, Lowis & Gellen

“In selecting Mark as the first Illinois Attorney of the Year, American Physicians has officially recognized what so many of us have known over the past few years – that Mark is a dynamic, skilled trial attorney who has compiled an enviable track record for his clients. He is a master in the courtroom." – Robert Smith, founding partner, Lowis & Gellen

In medical malpractice matters, Mr. Smith regularly defends lawsuits on behalf of physicians and their practice groups in state court and before the Illinois Department of Professional Regulation. He also represents physicians, practice groups, hospitals and third party payors in matters of general health care law and regulatory compliance.

Mr. Smith received a B.A., Political Science, in 1988 from Purdue University and a J.D. in 1991 from the Indiana University School of Law in Bloomington, Indiana. He is a member of the Illinois State Bar Association and the Illinois Association of Defense Trial Counsel.

Contact Information:

Cathy Burke, APR, Director of Marketing Communications, 517-324-6776 (Media, Physicians and Office Staff)

Ann Storberg, Vice President of Investor Relations, 517-324-6629 (Investors)

Donna Shaft (for Lowis & Gellen) 708-386-5895

Illinois Best Practices "Constitutionality of Tort Reforms Not Yet Tested - Stakes Are High for Illinois Physicians"

Click here to view Illinois Best Practices Spring 2007 Insert featuring Jenny Blake.

Best Practices Newsletter Spring 2007

Click here to view Best Practices Newsletter featuring Mark Smith.

Sixty seconds with Gerald Haberkorn

View Acquisition Finance Magazine’s editorial featuring “Sixty seconds with Gerald Haberkorn,” Click here.

Preliminary Injunction

Lowis & Gellen attorneys, Gerald Haberkorn, David Donnersberger, Daniel Marko and Mehreen Sherwani were successful in obtaining a preliminary injunction against a former officer and manager of a short line railroad operator. The former member recently left the railroad and shortly thereafter attempted to usurp a business opportunity that had previously been presented to the railroad. As an officer of railroad, the former member was responsible for exploring the viability of the railroad’s potential acquisitions and various business opportunities, and in that capacity the former member had a fiduciary duty to the railroad. The former member learned of this potential opportunity despite the fact that the opportunity was not publicly advertised, and not generally known within the industry. The former member formed his own company in January 2007, and began to actively pursue this business opportunity. On April 13, 2007, after a two-day hearing, the former Member was found to have breached his fiduciary duty, and he was enjoined from making any further attempt to take advantage of this business opportunity. For additional information regarding this case, please contact Gerald Haberkorn at (312)456-2701 or geraldh@lowis-gellen.com.

Lowis & Gellen Partner Featured in European Review

At the beginning of each year, Acquisition Finance Magazine conducts a review of the just ended year in European mergers and acquisitions activities. This year the magazine’s review featured a discussion with Lowis & Gellen’s partner, Gerald Haberkorn. Mr. Haberkorn explained his view of why last year was a banner year for mergers and acquisitions in Europe, and whether the trend will continue into this year. To see the full text of Acquisition Finance Magazine’s article, click here.
Lowis & Gellen’s Corporate Practice Group represents public and private companies in connection with a wide variety of transactions, including mergers, stock purchases and asset acquisitions, divestitures, leveraged buyouts, restructurings and other transactions involving changes in corporate control. For more information on Lowis & Gellen’s Corporate Practice Group, please contact Gerald Haberkorn at geraldh@lowis-gellen.com or (312) 456-2701.

Lowis & Gellen, LLP Successfully Defends A Troublesome Stillbirth Case

Lowis & Gellen, LLP partners Pamela L. Gellen and Scott R. Wolfe recently represented a Chicago area community hospital whose staff was accused of the mismanagement of a labor, which resulted in a stillbirth of a full-term baby girl. The hospital was not only accused of the direct negligence of its employed nurses but also that the physician who managed the labor and delivery was an apparent agent of the hospital. Pam and Scott chose to first address the allegations against the nursing staff. After completing sufficient discovery, Pam and Scott moved to dismiss the nursing allegations on the merits arguing the plaintiff did not obtain credible testimony that the nurses mismanaged the labor. The Court agreed and dismissed the nurses and nursing allegations. Then, by thorough preparation and aggressive depositions of the plaintiffs and the physician, Pam and Scott established that no reasonable juror could rule in favor of the plaintiff on the apparent agency allegations. The Court found the hospital could not have been the apparent principal of the physician and dismissed the entire case against the hospital. The case recently went to trial against the physician who managed the labor and was settled during trial for $2,000,000. The hospital represented by Lowis & Gellen contributed nothing to the settlement. For further information on the case or for general information regarding Lowis & Gellen’s professional malpractice group please contact Scott R. Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.

Causation Defense Leads To Favorable Settlement in Stillbirth Case

Lowis & Gellen, LLP partners, Robert H. Smith and Scott R. Wolfe recently represented a Chicago area hospital for alleged inappropriate labor management by its nursing staff in connection with a stillborn full-term male. Although the loss was tragic and the nursing care rendered could not be defended, Bob and Scott aggressively pursued a causation defense based on a lack of amniotic fluid causing chronic asphyxia to the fetus chronically damaging the baby prior to the mother presenting to the hospital. The aggressive defense by Bob and Scott caused the plaintiff’s attorney to accept a $200,000.00 settlement, a small fraction of what had originally been sought by the plaintiff and far less that the cost to defendants faced with similar claims in Cook County, Illinois. For more information regarding the case or for general information on medical malpractice and liability defense practice of the firm please contact Scott Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.

LOWIS & GELLEN WINS UNANIMOUS CITY COUNCIL

On March 20, 2007, Lowis & Gellen attorneys David Grobart and Melissa Dakich secured City Council Approval for a commercial shopping center, in Des Plaines, Illinois. The City Council voted unanimously in favor of this Planned Unit Development, rezoning application and replat. Mr. Grobart and Ms. Dakich guided this project through its preliminary and final stages working with the Des Plaines City Staff and presenting the project to the Des Plaines Architectural Review Board and Des Plaines Plan Commission in addition to the City Council. They will also present this project to the Des Plaines Zoning Board of Appeals to secure a Localized Sign Ordinance covering all of the required signage within the shopping center. For more information regarding this matter or the Real Estate Practice Group at Lowis & Gellen, please contact David Grobart at (847) 282-1201 or via email at dgrobart@lowis-gellen.com.

LOWIS & GELLEN ATTORNEY SPEAKS TO AP ASSURANCE BOARD OF DIRECTORS ON ILLINOIS TORT REFORM

On January 17, 2007, Lowis & Gellen partner Jenny O. Blake presented a speech on Illinois Tort Reform to a group of American Physicians Assurance Corporation's sales agents at the Wyndham Hotel in Chicago. The information was so well received that President and CEO R. Kevin Clinton invited her to make the presentation again in Boca Raton, Florida at a meeting of their Board of Directors. This board meeting took place on March 9, 2007, and will be synopsized in a press release entitled Constitutionality of tort reforms not yet tested; stakes are high for Illinois physicians, in the near future.

Ms. Blake clarified the provisions of tort reform for her audiences. She opined as to the likelihood of its being upheld as well as to the short and long-term implications of its potential success or failure.

Successful Defense of Shoulder Dystocia/Erb’s Palsy Birth Injury

Lowis & Gellen, LLP partners Pamela L. Gellen and Scott R. Wolfe recently represented a Chicago area hospital and its nurses who were alleged to have mismanaged a labor and delivery when a baby became stuck in the birth canal, a shoulder dystocia. The result of the birth was a full term baby girl with a nerve injury to her arm and hand resulting in a severe, permanent disability, an Erb’s palsy. Extensive and thorough pre-trial preparation by the firm on behalf of the hospital and its nursing staff, and strong expert witnesses retained by the firm enabled Pam and Scott to establish that the hospital and its staff were not responsible for the girl’s injuries and condition. After years of work up by a well respected and nationally recognized plaintiff’s firm, the plaintiff and her counsel elected to dismiss the case before trial. For more information regarding the case or for more general information on the medical malpractice and liability practice of the firm, please contact Scott R. Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.

LOWIS & GELLEN WINS VICTORY FOR CLIENTS IN CIVIL RIGHTS LAWSUIT

On February 6, 2007, Lowis & Gellen attorneys Martin McManaman and Patrick Moran won a victory in federal court for four clients who had been accused of violating the plaintiff's civil rights. The plaintiff, a former inmate at a local county jail, sued the county sheriff, the county jail's warden and two jail guards, alleging that each violated the plaintiff's Eighth Amendment right to be free from cruel and unusual punishment by allowing another prisoner at the jail to attack and severely injure the plaintiff. After conducting limited discovery, McManaman and Moran filed a motion for summary judgment, arguing that the plaintiff had no evidence to prove that any defendant violated his civil rights. In his published opinion, Judge Samuel Der-Yeghiayan of the United States District Court for the Northern District of Illinois agreed, holding that "no reasonable juror could find" that the defendants acted with deliberate indifference for the plaintiff's safety. By prevailing on their motion for summary judgment, McManaman and Moran prevented the case from going to trial. Judge Der-Yeghiayan's published opinion can be found at 2007 WL 433537 (N.D.Ill. Feb. 6, 2007).

For further information in this case or on Lowis & Gellen's civil rights defense group, please contact either Martin McManaman at mcmanaman@lowis-gellen.com or Patrick Moran at pmoran@lowis-gellen.com.

Lowis & Gellen Attorneys Defeat $15 Million RICO Claim Against UK Trading Firm

Lowis & Gellen attorneys Gerald Haberkorn, Kevin Clancy and Joan Kubalanza recently represented IFX Markets, Ltd., a London based foreign currency trading firm, in defense of a RICO lawsuit filed by former investors in the District of Columbia. The plaintiffs alleged that a former independent contractor of IFX solicited over $5 million in investments in D.C. by fraudulent means and that they ultimately lost the entire amount. They sued IFX directly in the D.C. federal District Court alleging substantive RICO violations and RICO conspiracy, seeking treble damages under RICO of at least $15 million. IFX general counsel, Cary Depel, turned to Lowis & Gellen, which maintains an office in London, to defend the lawsuit. Lowis & Gellen filed a 45-page motion to dismiss the lawsuit for lack of personal jurisdiction against the UK company, and also for failure to state a viable cause of action under RICO. The plaintiffs filed a motion seeking leave to obtain discovery on the jurisdictional issues, which would have imposed tremendous costs on IFX and delays in the proceedings. Lowis & Gellen successfully defeated that motion, arguing that pleadings alone were sufficient to illustrate the lack of jurisdiction against IFX, a foreign entity with no offices in D.C. Ultimately, the District Court issued a 20-page opinion dismissing the case with prejudice based on the lack of personal jurisdiction, and fully adopting the arguments presented by Lowis & Gellen.

After hearing news of the victory, Mr. Depel reported the news to his management saying: “This case had potential $15m exposure. I cannot tell you how pleased I am – this case could have gone to trial and yet we were dismissed out at the pleadings stage! Lowis & Gellen has been worth every penny.” Mr. Depel said that he knew that it is a difficult task to get such a significant case dismissed outright at the pleading stage “but I had confidence in Lowis & Gellen all along.”

Lowis & Gellen Attorney is Panelist at CBA Business Acquisition Seminar

Robert Leavitt, a member of Lowis & Gellen’s Corporate Practice Group, participated as a panelist in the Chicago Bar Association’s seminar, Negotiating The Asset Purchase Agreement For The Sale Of A Business. The well-attended seminar was held on February 8, 2007, at the CBA’s headquarters in Chicago, Illinois, and was broadcast live over the internet though the CBA’s website.

The seminar was about how to successfully negotiate an Asset Purchase Agreement for a client who is selling or buying a business. Mr. Leavitt and five other panelists conducted an improvised mock negotiation using a hypothetical sale of a privately held business. In the course of three hours, the seminar highlighted the key issues commonly raised during such a negotiation and practical ways to resolve them.

Lowis & Gellen’s Corporate Practice Group represents public and private companies in connection with a wide variety of transactions, including mergers, stock purchases and asset acquisitions, divestitures, leveraged buyouts, restructurings and other transactions involving changes in corporate control. For more information on Lowis & Gellen’s Corporate Practice Group, please contact Robert Leavitt at Rleavitt@Lowis-Gellen.com or (312) 628-7199.

Retired Judge Joins Lowis & Gellen

Judge David R. Donnersberger (Retired) joins the firm after 20 years on the bench in Cook County. He was a civil and criminal trial attorney and Assistant State’s Attorney prior to his term in the judiciary and will counsel clients in commercial litigation and in the settlement of arbitration and mediation actions.

Three Lowis & Gellen Attorneys Named Illinois “Super Lawyers 2007”

Partners Pam Gellen, Gerald Haberkorn and Joan M. Kubalanza were recently announced to be among the top 5% of Illinois attorneys and are honored with the designation of “Super Lawyers 2007.” In independent research conducted by Law & Politics, 47,000 Illinois attorneys statewide were polled for their recommendations of colleagues in the law having outstanding skill as legal counselors and advocates. Ms. Gellen has previously been named by Chicago Lawyer magazine as one of Chicago's top twenty tort defense lawyers and was first selected as an Illinois “Leading Lawyer” in 2005.Mr. Haberkorn was a finalist in Fast Company magazine’s 2005 “Fast 50,” as one of the U.S.’s “high impact legal leaders” and was also one of Illinois’ “Leading Lawyers” in 2005.Ms. Kubalanza is a former Associate Judge of the Circuit Court of Cook County, and a senior litigator and appellate attorney in the commercial litigation group at Lowis & Gellen, LLP.

Lowis & Gellen Real Estate Practice Group attorneys to speak at March seminar

David L. Grobart and David C. Ansani, attorneys in Lowis & Gellen’s Real Estate Practice Group, will be presenters at an upcoming continuing education seminar on the complex and multifaceted business of real estate development.“Real Estate Development from Beginning to End,” sponsored by Lorman Education Services, will be held on Friday, March 23, 2007 at 1801 N. Naper Boulevard, Naperville, IL.Seminar highlights will include:· Deal terms in the letter of intent· Preconstruction leasing· Development and redevelopment opportunities· A financing primer· Shopping center redevelopmentThis program is designed for attorneys, business owners, lenders, surveyors, project managers, real estate agents and brokers and other professionals involved in the commercial real estate development process. The Lowis & Gellen Real Estate Practice Group represents clients in all aspects of complex commercial real estate transactions. If you would like more information, please contact David Grobart at dgrobart@lowis-gellen.com or by phone at (847) 282-1201.