Neil M. Rosenbaum

Commercial Arbitration

• Represented buyer of financial planning firm in action for breach of contract against seller for failure to deliver promised assets and for breach of the parties’ subsequent settlement agreement. Arbitration proceedings before Financial Industry Regulatory Authority (FINRA) involved eight days of testimony, with our client prevailing and recovering an award of more than $1.2 million (including all expert and attorneys’ fees).

Media Law/ First Amendment

• Represented various news organizations in bringing a petition to intervene in disgraced R&B singer R. Kelly’s first criminal trial after the presiding judge barred the press from attending pre-trial hearings and sealed portions of the case file and docket without entering findings to justify his denial of public access. Later in the same case, represented well known rock critic Jim DeRogatis, whose investigative journalism had exposed Kelly’s crimes, in opposing subpoenas issued by the defense for privileged source information.
• Defended journalist in administrative review brought by charter school operators to challenge the binding opinion issued by the IL Attorney General’s Public Access Counsel (PAC) in favor of our client that found the charter school was subject to the Freedom of Information Act (FOIA). Final judgment was entered in the administrative review in favor of our client. Case was covered in the Chicago Reader.
• Defended various news organizations, publishers, and journalists in various lawsuits for defamation based on their publication of allegedly false facts. Our clients prevailed in the vast majority of these cases on dispositive motions to dismiss.

Insurance/ Products Liability

• Appeared pro hac vice in the U.S. District Court for the Southern District of Florida in defense of specialty chemicals manufacturer in action for subrogation by customer’s insurer alleging product spontaneously self-ignited, leading to millions of dollars in property damage and business interruption losses. Brought third-party claims for indemnity and contribution against manufacturer of component material and its distributor. Case settled after multiple days of mediation.
• Represented flooring retailer in investigation by its property insurer, following a covered flood, upon insurer’s discovery that electrical contractor on project was making fraudulent reimbursement submissions. Led internal investigation for client to determine the scope of the fraud and extent of any employee participation while serving as conduit with coverage counsel. Client was cleared of any wrongdoing by its insurer and a settlement was reached.

Commercial Speech

• Defended national class action law firm against claims for defamation and commercial disparagement brought by another law firm, against which our client had previously represented a putative class in a federal lawsuit alleging insufficient data protection. The plaintiff defense firm alleged in our case that our client republished false pleadings from the federal case on social media and in communications with the press. Final judgment was entered in favor of our client on summary judgment with all claims dismissed with prejudice.
• Defended General Counsel of national home furnishings club against defamation claim brought by club’s former owner based on statements our client made during presentation at annual franchisees meeting. We successfully moved to dismiss the claim with prejudice.

Employment

• Defended automation technology provider against claims for unpaid bonus and earned PTO under the Illinois Wage Payment and Collection Act brought by a former employee before the Illinois Department of Labor (IDOL). The administrative law judge granted our client’s motion for a directed finding at trial, dismissing the claims with prejudice.
• Defended international company against claims for pregnancy discrimination brought by a former employee. Case settled following pre-trial settlement conference with magistrate judge.
• Defended national transportation company against claims for disability discrimination brought by a former employee before the Illinois Human Rights Commission. Case settled following motion practice.
• Defending financial services firm against claims for inducement to breach fiduciary duty and unjust enrichment brought by plaintiff competing firm after our client hired plaintiff’s former employees.

Consumer Fraud

• Defended U.S. distributor of German fountain pen manufacturer in class action lawsuit alleging violations of the Illinois Consumer Fraud Act. Defeated plaintiff’s motion for class certification before obtaining summary judgment on his individual cause of action.
• Appeared pro hac vice in the U.S. District Court for the District of Massachusetts in defense of online media company in class action alleging violations of Massachusetts Consumer Protection Law and federal Electronic Funds Transfer Act. Case settled following motion practice.

Shareholder Disputes

• Defended finance leasing company in civil action brought by former company president and minority owner alleging shareholder oppression; counterclaimed for violations of non-solicitation provisions of plaintiff’s employment agreement and to recover reimbursement of more than $100,000 in personal charges on company credit card. Plaintiff passed away during the lengthy litigation and settlement was reached with his estate.
• Appeared pro hac vice in Delaware Chancery court in defense of counterclaims brought by private equity buyer of transportation and logistics company against the seller business and its former shareholders for recission and indemnification based on alleged violations of the Delaware Securities Act and common law fraud. Complex multi-party case settled following mediation.

Environmental

• Represented seller of Gold Coast property in buyer’s action for specific performance and injunctive relief involving the control over thorium remediation. Case settled following contentious expedited discovery.
• Defending product distributor in Multi-District Litigation (MDL) pending in the United States District Court for the District of South Carolina involving separate, consolidated cases brought by different state actors, alleging that products our client sold into the state resulted in PFAS contamination to natural resources.

Health Care

• Representing physician Relator in federal qui tam action against Managed Care Organization (MCO) alleging violations of the federal False Claims Act (FCA) based on MCO’s failure to provide specialized medical services owed to Illinois Medicaid beneficiaries residing in Skilled Nursing Facilities despite MCO’s collection of capitated payments from the government which were specifically inflated to account for same.