David J. Stein

Associate, Chicago
Phone: 312.245.7474
dstein@masudafunai.com

David Stein is a litigator with extensive experience representing clients across various industries, from pre-litigation counseling through trial, in state and federal courts, and in arbitration proceedings.

In his commercial litigation practice, Mr. Stein represents both plaintiffs and defendants in actions asserting breach of contract, breach of warranty, defamation, breach of fiduciary duty (including director and officer liability), common law and statutory fraud, tortious interference, and other business torts. In addition, Mr. Stein is experienced in both prosecuting and opposing motions for emergency relief, including motions for temporary restraining orders and preliminary injunctions.

Mr. Stein's employment litigation practice focuses on the defense of corporations in actions asserting employment discrimination and retaliation under Title VII, the ADEA, the ADA, and other federal and state statutes, claims alleging violations of overtime laws including the FLSA and complimentary state statutes, as well as allegations of violations of the NLRA including unfair labor practices and retaliation against union organizing. Mr. Stein also litigates matters involving the enforcement of non-competition and non-solicitation clauses.

Prior to joining Masuda Funai, Mr. Stein spent more than three years with a Chicago litigation firm focusing on the defense of individuals and business entities in commercial and employment litigation. He was selected as an Illinois Super Lawyers Rising Star from 2014-2017, as well as a Leading Lawyers Emerging Lawyer in 2015 and 2016. Mr. Stein was honored by the Chicago Bar Association as a recipient of its Young Lawyers Section Milton H. Gray Award for Outstanding Project Leadership during the 2013-2014 Bar year for his work with Legal Prep Charter Academy High School and its students, where he serves on the school's Associate Board.

Mr. Stein is a member of the American Bar Association, the Illinois Bar Association, and the Chicago Bar Association, where he served as a past member of the executive council of the Young Lawyers Section.

Representative Matters


  • DMC Machinery America Corp. v. FFG DMC Co., Ltd., et al, No. 16-cv-269, 2016 U.S. Dist. LEXIS 152494 (N.D. Ill. Nov. 2, 2016). Court granted the motion to dismiss claims against Masuda Funai's client, a Korean company and the former parent company of the Plaintiff. The Plaintiff had alleged breach of contract as to an alleged exclusive distributorship agreement for sale of machine tools in United States marketplace. The Court agreed with Masuda Funai's argument that the exclusive forum selection clause in the contract required any litigation between the parties to be venued in South Korea.

  • Victory Before the American Arbitration Association, July 8, 2016. In a three-panel arbitration before the American Arbitration Association, Mr. Stein second chaired and assisted Masuda Funai's Principal, Rein F. Krammer, during a week-long hearing on behalf of an optical development company. Masuda Funai's client alleged breach of a complex supply agreement with its purchaser of camera lenses, after the purchaser improperly terminated the agreement "for cause", in an effort to avoid paying monies due to Masuda Funai's client under the agreement. In a 64 page final award, the arbitrators awarded nearly $4,000,000 to Masuda Funai's client, finding that the purchaser improperly withheld monies due under the contract.

  • Bianchi v. McQueen, et al., 818 F.3d 309 (7th Cir. 2016). As a member of team defending private investigators in action alleging malicious prosecution and other improper prosecutorial conduct arising out of the criminal prosecution of the McHenry County, Illinois State's attorney, principal drafter of briefing on two rounds of motions to dismiss ultimately granted in favor of clients based upon qualified immunity from suit, among other arguments. Upon appeal, the Seventh Circuit affirmed the district court's ruling.

  • Bob-Manuel v. Chipotle Mexican Grill, Inc., 10 F. Supp. 3d 854 (N.D. Ill. 2014). Working in tandem with Chipotle's national trial counsel, received partial victory on summary judgment as to reasonable accommodation, retaliatory discharge and portions of disability and retaliation claims. Following ruling on summary judgment, remaining claims proceeded to trial where the jury returned a verdict in favor of Chipotle on all allegations of discrimination based upon race and national origin and remaining retaliation claims. Plaintiff appealed to the Seventh Circuit, which upheld the jury's verdict.

  • Svoboda v. Club Zobak, et al., 2011 L 286 (Circuit Court of Will County, Illinois, Dec. 12, 2014). Second chaired jury trial to verdict in favor of all Defendant clients on claims of defamation and intentional infliction of emotional distress. Court granted directed verdict in favor of all Defendants on breach of fiduciary duty claim at the close of Plaintiff's evidence. Plaintiff declined to appeal.

  • Coghlan v. Beck et al., 2013 IL App (1st) 120891. Illinois Appellate Court affirmed dismissal of all defamation claims against former officer of large non-profit organization premised upon substantial truth of statements made, innocent construction, opinion, and qualified privilege.

  • Irving v. Chinese Christian Union Church, et al., No. 12-cv-8092 (N.D. Ill. 2013). After granting motion to reconsider, dismissing all claims against client Church alleging various civil rights violations pursuant to Title VI, Section 1981, and state law, as relationship between the Church and plaintiffs too attenuated for jurisdiction to arise.

  • PUBLICATIONS

    "Limiting Liabilities: The Jablonski Decision and the Continued Development of Products Liability Law," CBA Record, January 2012.

    "Have You Updated Your Employment Manual Recently? Employee Use of Text Messaging and Social Media Gives Employers Reason to Review Policies," Chicagoland Chamber of Commerce, Business@Work Newsletter, November 2011.

    Law Enforcement Efficiency or Orwell's 1984? Supreme Court to Decide Whether 'Big Brother' is Here at Last, Recent Developments, U. Ill. J.L. Tech. & Pol'y 487, 2011.

Practice Areas

Education

  • University of Illinois College of Law, J.D. 2011, summa cum laude, Order of the Coif, Pro Bono Notation
  • Washington University, A.B. 2007

Admissions

  • Illinois
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of Illinois (Trial Bar)
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Eastern District of Michigan

Distinctions

  • Recognized as an Emerging Lawyer, 2017