Summary

Ian represents clients ranging from small entrepreneurs to Fortune 100 companies in commercial litigation matters involving real estate, antitrust, trade secret misappropriation, restrictive covenant, consumer, contract, and business tort disputes.

Ian has substantial experience defending against class actions and navigating multidistrict litigation proceedings. He has successfully defended on appeal many of his trial court victories and is skilled at identifying strategies that align with his clients’ business goals. Having served as a general counsel for both a law firm and a small company, Ian has a unique understanding of in-house counsel’s perspective.

Ian counsels clients on a wide range of issues central to their business needs, including Telephone Consumer Protection Act (TCPA) compliance, the Illinois Biometric Information Privacy Act (BIPA), insurance policies and claims, risk mitigation, and restrictive covenants.

Among his many accolades, Illinois Super Lawyers ranks Ian as one of its “Top 100 Attorneys” in Illinois and has included him on its Super Lawyers list for a dozen years. For more than 17 years, the Leading Lawyers Network has named Ian as a “Leading Lawyer” in both Commercial Litigation and Class Action/Mass Tort Defense, and he has been ranked more recently in the area of Trade Secrets/Unfair Competition Law. Best Lawyers recognizes Ian for Commercial Litigation. He is also rated AV Preeminent 5/5 by Martindale-Hubbell, its top rating for ethical standards and legal ability.

Awards

  • Honoree, The Best Lawyers in America, Commercial Litigation, 2021

  • Honoree, Illinois Super Lawyers, 2005, 2010-present

  • Top 100 Honoree, Illinois Super Lawyers, 2010-16, 2021

  • Honoree, Leading Lawyers Network, Commercial Litigation (2005-20), Class Action/Mass Tort Defense (2005-20), Trade Secrets /Unfair Competition Law (2019-20)

  • Honoree, Forty Illinois Attorneys Under 40 to Watch, Law Bulletin Media, 2008

  • Martindale-Hubbell, AV Preeminent, 5/5 

All Service Areas

Education

  • Northwestern University School of Law (1994)

    cum laude

  • London School of Economics & Political Science (1990)

    General Course reading in Government

  • Grinnell College (1991)

    B.A., with honors

Admissions

  • State - Illinois
  • Federal - U.S. Supreme Court
  • Federal - 7th Circuit Court of Appeals
  • Federal - 8th Circuit Court of Appeals
  • Federal - Northern District of Illinois
  • Federal - Northern District of Illinois (Trial Bar)
  • Federal - Eastern District of Wisconsin

Notable Matters

  • Defended companies in nearly four dozen putative class actions under the Telephone Consumer Protection Act (TCPA), the federal anti-junk faxing/texting/robocalling statute, including in Bellissimo v. BBVA Compass Bank, 17-cv-6833 (N.D. Ill.), and Dickey v. Leads Nat’l Corp, 16-cv-30 (S.D. Tex.), in which the client was voluntarily dismissed; PT Metals, LLC v. B2B Indus. Prods. LLC, 5:20-cv-427 (N.D. Ohio), Flo-Tech Mech. Sys., Inc. v. Spectra360, Inc., 1:19-cv-7112 (N.D. Ill.), and Martin v. Direct Wines, Inc., 15-cv-757 (N.D. Ill.), which favorably settled on an individual basis; Glen Ellyn Pharm., Inc. v. Sepracor, 10-C-1594 (N.D. Ill.), in which the client settled a large potential liability solely with insurance proceeds; and Jepsen v. Club Texting, 08-cv-5508 (N.D. Ill.), which settled on a class-wide basis for less than the cost of defense.
  • Represented sophisticated real estate client that has incorporated biometric technology into the security system of a marque building in Chicago. With a wave of the hand, building tenants gain access to the building without a security badge. Ian counseled this client in designing a BIPA- compliant approach, formulating its BIPA policy, and securing the various participants’ agreements.
  • Represented the developer of a commercial property when a supermarket project was halted after the discovery of a previously undisclosed easement across the property. Ian persuaded the title insurer to file suit to successfully pressure the dominant landowners to release the easement.
  • Crown Castle v. The Town of Cicero, 1:18-cv-07265 (N.D. Ill. March 7, 2019). Won a preliminary injunction against the Town of Cicero ordering it to comply with the Illinois Small Wireless Facilities Deployment Act and an FCC order on the subject. The court deemed approved the plaintiff’s applications to install small wireless facilities—part of the 5G network—on the Town’s public light poles and ordered the Town to allow the work to go forward. The matter was eventually mooted when the Town adopted a new ordinance on the subject in accord with the plaintiff’s reading of the Act and order.
  • MGF Sourcing US, LLC v. La Senza Int’l, LLC, civ. action 2019-1001 (Del. Chancery Ct.). Won dismissal with prejudice of lawsuit seeking the appointment of a receiver and a TRO prohibiting the defendants from directly sourcing merchandise or distributing their assets.
  • Represented a building owner in litigation concerning a hotel tenant’s cross-easement rights under a long-term lease and the tenant’s obligation to make a nearly ten million dollar contribution to the construction of a parking garage.
  • Petroff v. Crown Castle, 2020 IL App (5th) 190304-U. After arguing before the Fifth District in the first oral arguments heard over Zoom, won affirmance of a dismissal with prejudice in the trial court of a landlord’s lawsuit against the tenant, a large national provider of cellular tower infrastructure, alleging that the lease at issue required the tenant to pay all increases in real estate taxes on the land.
  • Methodist Health Services Corp. v. OSF Healthcare Sys., 13-cv-1054 (C.D. Ill.). Working with co-counsel, won summary judgement for defendant accused by competing hospital network of violating the use of supposedly exclusive contracts with commercial healthcare insurers and secured affirmance from the Seventh Circuit.
  • Falkner v. Redflex Traffic Systems, Inc., et al. 14-cv-5459 (N.D. Ill.). Secured dismissal with prejudice on behalf of a manufacturer and operator of red light cameras of a putative class action brought by an individual who paid a fine for running a red light. The putative class representative sought over $100 million based on various theories, including the purported unconstitutionality of the enabling statute and the defendant’s alleged use of bribery to secure the red light camera contract.
  • In re Insurance Antitrust Litigation. MDL No. 1663, Mater Case No. 04-cv-5184 (D. N.J.). Represented six “tag along” plaintiffs, including several Fortune 50 companies, in antitrust suits against large commercial insurance brokers and carriers alleging that they engaged in customer allocation schemes. Helped serve as tag along plaintiffs liaison counsel when cases were combined in a multidistrict litigation proceeding. After years of hard-fought litigation, including fact and expert discovery, all claims settled very favorably for the clients.
  • Represented restaurant franchisor with ownership of almost 50 locations in various disputes. In one, Ian handled a dispute with the landlord of the client’s flagship store in the South Loop after the build-out ran a year behind schedule and more than $1.5 million over budget due to undisclosed problems with the building. Although both parties threatened litigation, Ian successfully negotiated a three-way settlement that included the general contractor. Ian has also represented the client in several litigations with franchisees and with a departing executive.
  • Represented six corporations in separate FINRA arbitrations against Bank of America concerning the bank’s sale of auction rate securities backed by student loans before the market for such securities froze. The arbitrations settled at various stages, including after extended evidentiary hearing, each on excellent terms for the corporations.
  • Represented a large office real estate firm in a dispute with its partner in a commercial office building over their respective ownership rights. Ian successfully convinced the partner of the likely course of litigation and assisted in the successful renegotiation of the partnership terms.
  • FTC v. Subscriberbase Holdings, Inc., Case No. 13-cv-1527 (N.D. Ill.). Defended internet-based company in suit by FTC alleging violations of the FTC Act and the Telephone Consumer Protection Act. Successfully negotiated settlement that relieved client and its owners of further liability.
  • Donovan v. Rede Partners LLP, Case No. 13 L 216 (Lake Co., Ill.). Won dismissal of a lawsuit against a private equity fundraising business and its owners brought by an individual claiming to be a partner in the business.
  • Represented an owner in multiple lawsuits relating to a 99-year prepaid commercial lease, which contained an option for the owner to sublet a portion of the property from the tenant. After winning dismissal of the tenant’s eviction proceeding against the client, he prevailed in a federal action, obtaining a declaration that the client had control over several aspects of the property, including annexation and site plan approval. The remainder of the dispute then settled, with the client re-taking possession of the entire property and other favorable terms
  • Goss International Corp. v. Tokyo Kikai Seisakusho, Ltd. 126 S. Ct. 2363 (2006); 434 F.3d 1081 (8th Cir. 2006); 321 F. Supp. 2d 1039 (N.D. Iowa 2004). Tried the only case ever won by a plaintiff under the Antidumping Act of 1916, which prohibited foreign companies from selling in the U.S. at unfairly low prices. Secured a judgment of $32 million, plus $4.1 million in fees and costs for the client after a three-week jury trial. Successfully protected the judgment through post-trial motions and appeal, including on petition for writ of certiorari to Supreme Court.
  • DryCo Group Explosion Proof Equipment, LLC v. Renoir Corporation. Case No. 09 CH 52187 (Cook Co., Ill.). Represented large equipment manufacturer in international joint venture and patent licensing dispute. Secured final judgment and executed on it through the auction of large equipment and patent rights.
  • Defended a church against a suit for specific performance of a land sale contract. After vacating a default judgment entered prior to his retention, Ian positioned the client to leverage settlement, which included the client purchasing the plaintiff’s neighboring parcel on favorable terms.

Speeches and Publications

  • Co-author, "A Professional's Guide to Class Actions, Illinois Chapter," 4th Edition, American Bar Association, July 2021. 
  • Faculty, "Federal Boot Camp (12th Annual)," Pincus Professional Education, April 2021.
  • Faculty, “10th Annual Circuit Court Boot Camp II: The Nuts and Bolts of Your Trial,” Pincus Professional Education, December 2020.
  • Speaker, “Adjusting to the New Normal- Ethical Challenges for In-House Counsel, Bio Hazard: The Legal and Ethical Landscape of Biometric Security,” Hahn Loeser Webinar, December 2020.
  • Faculty, “Federal Boot Camp (11th Annual),” Pincus Professional Education, April 2020.
  • Faculty, “10th Annual Circuit Court Boot Camp II: The Nuts and Bolts of Your Trial,” Pincus Professional Education, December 2020.
  • Quoted, “Amazon Illegally Storing Biometric Data, Ill. Suit Says,” Law360, November 2019.
  • Panelist, “State Regulatory Developments,” Cleveland-Marshall College of Law Cybersecurity and Privacy Protection Conference, May 2019.
  • Co-Author, “Biometric Security Brings Benefits to Companies, But Also Legal Concerns,” BizTech Magazine, May 2019.
  • Faculty, “Federal Boot Camp (10th Annual),” Pincus Professional Education, April 2019.
  • Quoted, “Hahn Loeser Forms Ill. Biometric Privacy Practice Group,” Law360, March 2019.
  • Co-Author, “Biometric Technologies Create Big Liabilities,” Illinois Institute for Continuing Legal Education (IICLE), March 2019.
  • Faculty, “Federal Boot Camp (9th Annual),” Pincus Professional Education, April 2018.
  • Co-Author, “Interview Tips for Second-Year Law Students,” American Bar Association Section of Litigation, October 2017.
  • Co-Author, “A Practitioner’s Guide to Class Actions, Illinois Chapter,” (3rd ed.), American Bar Association, August 2017.
  • Co-Author, “Nine Tips for Becoming a Superstar Associate,” ABA Section of Litigation, June 2017.
  • Faculty, “Managing the Heading,” 10th Annual Arbitration Institute, American Bar Association, June 2017.
  • Co-Author, “Reputation and Relationships: Advice for First-year Law Students,” ABA Section of Litigation, May 2017.
  • Contributor, “Daubert v. Frye – Admissibility of Expert Testimony: A Fifty-State Survey,” American Bar Association, 2016.
  • Author, “Leadership Skills for New Litigators,” Leading Your Future, American Bar Association, November 2016.
  • Speaker, “Battling Perspectives on Class Actions,” Chicago Bar Association, Federal Civil Practice Committee, November 2016.
  • Speaker, “What In-House Counsel Wants (And Needs) from Outside Counsel,” Chicago Bar Association, Federal Civil Practice Committee, November 2015.
  • Speaker, “Dirty Tricks in Cross-Examination of Expert Witnesses,” Forensic Expert Witness Association, Chicago Chapter, June 2015.
  • Co-Author, “Dirty Tricks or Fair Game in Cross-Examination?”, Proof!, American Bar Association Trial Evidence Committee, February 2015.
  • Author, “Tips for the Procrastinator,” Sound Advice, American Bar Association, January 2015.
  • Speaker, “Keeping Your Secrets: Protecting Confidential Information,” Renaissance Executives Forum, December 2014.
  • Author, “Vacation Policy Pitfalls for Illinois Employers,” The National Law Review, November 2014.

Professional Affiliations

  • American Bar Association

    Litigation Section: Class Action & Derivatives Committee (CADS), Co-Chair (2020-present)
    Business Torts Committee, (2004-present)
    Local Links Task Force, Chair (2019-2020)
    Advisory Committee, Member (2019–2020)
    ABA Annual Meeting Committee, Co-Chair (2019–2020)
    Membership & Marketing Committee, (2015-2018)
    Litigation Section, Annual Conference 2016 Committee, Co-Chair, (2014-2016)
    Committee on Trial Evidence, Co-Chair, (2012-2015)
    Committee on Pretrial Practice & Discovery, Co-Chair, (2009-2012)
    Newsletter Co-Editor/Subcommittee Chair, (2004-2009)

  • Chicago Bar Association

    Board of Managers, Member 2006-08
    Commercial Litigation Committee, 2002-present
         Chair 2008-09
         Vice Chair 2007-08
         Committee Director 2005-06
    Federal Civil Practice Committee, 2001-present,
         Chair, 2004-05, 2010-present
         Nominations Committee, 2009, 2005
    Special Privacy Task Force (appointed by CBA President to examine security of judges), Member

Community Involvement

  • Chicago Yacht Club

    Board of Directors, 2007-2008, 2016-18
    Judge Advocate, 2008-15

  • Chicago Yacht Club Foundation

    Secretary, 2017-2018

  • Grinnell College

    Grinnell Regional Admission Support Program (GRASP), Alumni Volunteer, 1994-present

  • Cook County Justice for Children

    Board of Directors, 2012-2016

  • Jane Addams Juvenile Court Foundation

    Board of Directors, 2008-2012