Litigation

Our litigation attorneys have extensive courtroom experience in a wide variety of business disputes – from complex business and patent litigation, to breach of warranty claims and basic contract disputes.

We represent clients from all industries in courts throughout the United States. Our attorneys are admitted to the Federal Trial Bar and have been recognized for their skills by the "Leading Lawyers Network" and the "Super Lawyers" publications.

Whether the matter involves federal court litigation, a state court action, or arbitration, our attorneys are commited to a team approach to the case, bringing together the right team of attorneys to match the needs and interests of our client.

A "team approach to litigation" means we listen to what our clients tell us they want to achieve through litigation. We discuss – in clear and simple language – the dispute-resolution process they will be experiencing, whether it will be a two-week trial in a federal courtroom located several states away or a four-hour arbitration hearing down the street. We prepare our clients for the rigors of litigation with a single purpose – to win.

To view a sample of our 2016 successes, click here.

If you have any questions or would like further information about Masuda Funai's Litigation practice, please contact the Group's chair, Gary Vist, at 312.245.7500 or via e-mail at gvist@masudafunai.com.

RANGE OF SERVICES AND EXPERIENCE
The Masuda Funai Litigation Practice Group provides counsel to clients in an expansive and diverse range of domestic and international industries, including:

  • Electronics and semi-conductors
  • Heavy automotive, engine and machine tool manufacturers
  • High-tech industries, such as graphic arts and commercial printing
  • Transportation, warehousing, shipping and trading, and export and import, including state Departments of Transportation
  • Telecommunications and software
  • Life sciences
  • Urgent care facilities and other healthcare facilities
  • Retail, distribution, sales and service companies
  • Food manufacturing and distribution
  • Real estate, title insurance and construction companies

Specific areas of litigation experience include:

Antitrust. We represent and counsel clients in antitrust, unfair competition, and restraint of trade claims, including claims alleging exclusive dealing, pricing restraints, price discrimination, territory and customer restrictions, tying claims, refusals to deal, and relations with competitors.

Arbitration and Mediation. Our attorneys have extensive experience in all forms of alternative dispute resolution, including appearances before arbitration panels and mediation neutrals. We know that ADR often can provide the best opportunity for quick and cost-effective conclusions of commercial disputes.

Bankruptcy, Collateral Recovery and Debt Workout. We represent creditors in bankruptcy courts in all types of complex insolvency proceedings and assist clients in debt work-out agreements and the recovery of collateral.

Cargo and Shipping Claims. Our attorneys represent shippers, consignees, carriers, brokers and forwarders in asserting and defending against claims for damaged and delayed cargo and shipments, and other claims arising in admiralty, and air and surface transport.

Commercial Contracts. We litigate and resolve virtually all types of commercial disputes involving contracts, sale of goods, trade secrets, fraud, deceptive trade practices, equipment leasing, breach of warranty, accounting, secured transactions, collection of receivables, repossession, product recalls and general Uniform Commercial Code disputes.

Copyright, Trademarks and Service Marks. Our attorneys represent clients in enforcement of their rights and in defense of claims of others, from the initial "cease and desist" letter to the conclusion, whether by settlement, mediation or litigation. We litigate controversies and disputes regarding unfair competition, patent/trademark infringement, trade dress, misappropriation, counterfeiting, trademark dilution, domain name dispute and comparative advertising claims and proceedings.

Distribution. A significant portion of the Litigation Group's practice is representing clients in disputes arising out of regional, national and international sales agreements; distribution, dealer, franchise, sales representative and license agreements; vendor agreements; OEM agreements; security, lease, consignment, warehouse and bailment agreements; and wrongful termination claims by former distributors, dealers and sales representatives.

Emergency Relief. Our attorneys are skilled in obtaining injunctions and other emergency orders for clients requiring the immediate attention of the courts for relief from restrictive covenants, the protection of collateral, and theft of intellectual property.

Enforcement of Confidentiality and Non-compete Agreements. We represent businesses in lawsuits brought to protect important confidential and proprietary information from disclosure, often by enforcing employee, customer, and supplier confidentiality and non-compete agreements.

Insurance Coverage. We assist clients in pursuing and recovering claims from their insurers under the clients' insurance policies.

Intellectual Property. We represent and counsel clients in prosecuting claims involving breaches of transfer of technology and licensing agreements, and actively pursue parties charged with the counterfeiting of clients' products for sale or distribution.

Litigation Risk Management. Our attorneys counsel clients on litigation prevention and risk management techniques that reduce the exposure to and cost of dispute resolution and litigation.

Patent Litigation. We counsel and represent clients in patent litigation, including the defense of "patent troll" claims and ITC actions. We provide pre-litigation counsel and opinions of counsel in support of litigation or anticipated litigation. We also represent clients before the PTO in post grant proceedings, including inter parte reviews.

Product Liability. Our attorneys defend product liability lawsuits in many industries, for domestic and foreign owned manufacturers. Our attorneys are licensed to practice in several states and have tried product liability cases to verdict (or favorable settlement).


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Yulia Chembulatova
Associate
Office: Chicago
Email:  ychembulatova@masudafunai.com
Phone:  312.245.7511

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Michael S. Golenson
Senior Associate
Office: Chicago
Email:  mgolenson@masudafunai.com
Phone:  312.245.7529

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Alan M. Kaplan
Principal
Office: Schaumburg
Email:  akaplan@masudafunai.com
Phone:  847.734.8811

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Steven L. Katz
Principal
Office: Chicago
Email:  skatz@masudafunai.com
Phone:  312.245.7500

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Reinhold F. Krammer
Principal
Office: Chicago
Email:  rkrammer@masudafunai.com
Phone:  312.245.7500

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Asa W. Markel
Principal
Office: Los Angeles
Email:  amarkel@masudafunai.com
Phone:  310.630.5900

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Nancy E. Sasamoto
Principal
Office: Chicago
Email:  nsasamoto@masudafunai.com
Phone:  312.245.7500

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John B. Stanis
Principal
Office: Schaumburg
Email:  jstanis@masudafunai.com
Phone:  847.734.8811

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David J. Stein
Associate
Office: Chicago
Email:  dstein@masudafunai.com
Phone:  312.245.7474

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Edward J. Underhill
Principal
Office: Chicago
Email:  eunderhill@masudafunai.com
Phone:  312.245.7500

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Gary Vist
Principal
Office: Chicago
Email:  gvist@masudafunai.com
Phone:  312.245.7500

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Jiwon Juliana Yhee
Associate
Office: Chicago
Email:  jyhee@masudafunai.com
Phone:  312.245.7500

  • Represented an employer that suffered significant losses due to an employee's embezzlement of monies. Successfully obtained a freeze of the employee's assets that resulted in full restitution by the employee to the employer.

  • Represented an engine supplier in a lawsuit involving alleged defective engines. Plaintiff brought claims for breach of warranty and fraud, among other claims, as to alleged defective engines. Plaintiff also sought attorneys' fees and punitive damages. We relied upon a retained expert and warranty disclaimers during mediation to resolve the claim without paying the plaintiff anything.

  • Successfully defended a $36 million dollar trade secret claim, and obtained summary judgment on behalf of the defendant-client, a machine tool supplier to the automotive industry, in a Michigan state court proceeding.

  • Successfully transferred wrongful dealer termination claims against a manufacturer of outdoor power equipment from federal court in Puerto Rico to federal court in Chicago. As a result, the claims settled for nuisance value.

  • Represented an electronics sales representative, and asserted claims for unpaid commission(s), in arbitration through the American Arbitration Association taking place in California. Successfully secured payment for all unpaid commissions.

  • Settled and resolved on highly favorable terms multi-district claims pending against a manufacturer of graphics arts equipment in Chicago and New York federal courts alleging antitrust violations, fraud, deceptive trade practices and wrongful termination of dealer contracts and claiming several million dollars in damages.

  • Successfully defended a manufacturer of graphic arts equipment at trial in federal court in North Carolina against claims of breach of warranty and unfair trade practices alleging several million dollars in damages. Obtained directed verdict on unfair trade and punitive damage claims, and judgment after trial in favor of manufacturer on all remaining claims.

  • Successfully defended admiralty claims pending against manufacturer of large diesel marine engines in federal court. Obtained dismissal of fraud and unfair trade claims, including dismissal of multi-million dollar punitive damage claims. Remaining contract and warranty claims settled upon terms very highly favorable to manufacturer.

  • Successfully represented a manufacturer of plastic storage containers in federal court. Obtained prompt repossession of plastic injection molds from adverse party. Settled and resolved defendant's counterclaims without payment of any funds.

  • Represented a client in a private Superfund (CERCLA) lawsuit against a Fortune 500 manufacturer (as a successor to an earlier owner) for latent property contamination and obtained a transfer of cleanup responsibility and reimbursement of the bulk of incurred response costs in excess of $1 million.

  • Secured, together with co-counsel, a jury "verdict" in favor of a printing press supplier and settled all claims after a three-day non-binding summary jury trial in Madison, Wisconsin, without expense of further litigation together with co-counsel. The case involved claims and counter-claims for millions of dollars for alleged breach of contract in connection with payment for, and performance of, a large piece of industrial equipment.

  • Settled claims on behalf of an industrial hose products supplier through mediation held in Indianapolis, where the plaintiff asserted numerous claims, seeking declaratory relief and millions of dollars in damages in connection with the purchase of a business.