Greg focuses on complex commercial litigation and arbitration matters, including claims against directors and officers, merger and acquisition disputes, post-transaction representation and warranty claims, shareholder derivative actions, securities litigation, shareholder appraisal and valuation litigation, antitrust litigation, bankruptcy litigation, intellectual property litigation, accounting and tax litigation, and insurance coverage disputes.
Outside Primary and General Counsel Roles: Greg has long served as primary litigation counsel to Prospect Hill Growth Partners, a Boston-based private equity firm, its funds and its portfolio companies, and he regularly represents other private equity firms, portfolio companies and their managers, directors and officers. Greg has long served as outside general counsel to Jam Productions, Ltd., one of the largest independent producers of live entertainment in the United States. Greg served as outside counsel to the Board of Directors of Tile Shop Holdings, Inc., a publicly-traded, specialty retailer of man-made and natural stone tiles. Greg serves as outside counsel to Bulkmatic Transport Company, one of the largest dry bulk transportation companies in the nation.
Director and Officer Actions: Greg frequently defends directors and officers
against fiduciary duty claims and other complex commercial claims.
Transaction Litigation: Greg regularly represents purchasers and sellers in M&A litigation, representation and warranty claims, and shareholder appraisal actions.
Multidistrict Litigation, Class Actions, and Derivative Actions: Greg has represented
defendants and plaintiffs in a wide variety of multi-district, class, derivative, and multi-plaintiff actions.
International and Complex Commercial Arbitration: Greg frequently represents clients in international and domestic complex commercial arbitrations. Greg also has served as an arbitrator in complex commercial disputes.
Antitrust Litigation: Greg began his career as an antitrust attorney and has represented plaintiffs and defendants in numerous antitrust actions.
Bankruptcy Litigation: Greg frequently represents directors, officers, equity
holders, debt holders and trustees in bankruptcy proceedings and related litigation.
Insurance Coverage Disputes: Greg frequently represents insureds in connection with insurance coverage disputes arising from complex commercial litigation.
Governmental Investigations: Greg regularly represents companies and individuals in connection with inquiries and investigations by the Securities and Exchange Commission, the Department of Justice and other government agencies.
Intellectual Property Disputes: Greg regularly represents clients in patent, copyright and trademark disputes.
Honors & Awards
AV Preeminent Peer Review Rating
Representative Matters
In re National Prescription Opiate Litigation, Case No. 1:17-MD-2804,
U.S. District Court, Northern District of Ohio
• Defended large regional pharmacy chain against complex claims in massive, multi-district litigation seeking hundreds of millions of dollars
• Secured favorable settlement for fraction of the estimated cost of defense and far below amounts paid by co-defendants
• Secured favorable settlement of related insurance coverage litigation
In re Tile Shop Holdings, Inc., Stockholder Derivative Litigation, No. 10884-VCG
Delaware Chancery Court
• Defended directors of public company in class and derivative action alleging claims for breaches of fiduciary and seeking $100 million in damages
• Shortly before trial, secured insurer-funded settlement on favorable terms
In re Pasquinelli Homebuilding, LLC (Moglia v. Pasquinelli, et al., Case No. 11-14829, and jointly administered cases), U.S. Bankruptcy Court, Northern District of Illinois
• Defended former directors and officers of national homebuilding company against bankruptcy trustee’s claims for fraudulent conveyance breach of fiduciary duty seeking more than $250 million in damages
• Following successful motion to dismiss highest-dollar value claims, the case settled on favorable terms for a fraction of the original demand, with substantial insurance contribution
Beaver County Employees’ Retirement Fund, et al. v. Tile Shop Holdings, Inc., et al.,
Case No. 0:14-CV-00786-ADM-TNL, U.S. District Court for Minnesota
• Represented directors of public company in securities class action
• Secured settlement on favorable terms, with substantial insurance contribution
Horbal v. Cannizzaro, et al., Case No. 05-5413-BLS2, Superior Court of Massachusetts,
Suffolk County, and Case No. 10-P-2012, Appeals Court of Massachusetts
• Defended directors and majority shareholder of HMO against shareholder derivative action alleging breach of fiduciary duty and seeking more than $180 million in damages
• Secured judgment for defendants, affirmed on appeal
LVI Group Investments, LLC vs NCM Group Holdings, LLC, Case No. 12067-VCG,
Delaware Chancery Court
• Represented private equity company in claims for breach of representation and warranty and fraud arising out of the merger of two national demolition and remediation companies
• Following discovery and depositions, secured favorable mediated settlement
Irmer v. Reinsdorf and Thompson, Case No. 13-02834,
U.S. District Court, Northern District of Illinois
• Defended owner of the Chicago White Sox in action alleging Section 1983 (First Amendment) and tortious interference claims arising out of plaintiff’s termination as executive director of Illinois Sports Facilities Authority
• Prevailed on motion to dismiss
In re Hull House Association, Case No. 12-04800,
U.S. Bankruptcy Court, Northern District of Illinois
• Defended board of trustees of one of the largest non-for-profit social service agencies in Chicago against bankruptcy trustee’s claims alleging breach of fiduciary duty
• Secured pre-complaint settlement for less than anticipated defense costs after early mediation, with settlement payment funded by insurer
In re Quality Stores, Inc., Case No. GG-01-10662, U.S. Bankruptcy Court,
Western District of Michigan
• Defended 48 directors and officers of retail chain against Trustee’s claims alleging breach of fiduciary duty and seeking over $200 million in damages
• Following motion practice, secured favorable settlement with substantial contribution from insurer
• Secured settlement with insurers in related coverage dispute
Bering Truck Corp. et al. v. Hyundai Motor Co. and DaimlerChrysler AG,
Case No. Civ. No. 5: 01CV00056, U.S. District Court, Western District of Virgina/ International Chamber of Commerce Arbitration, Toronto, Canada
• After multi-week evidentiary hearing, prevailed on breach of contract claims in international arbitration case against Hyundai relating to its termination of Bering’s U.S. distribution agreement
• Following successful arbitration, secured favorable settlement of contract and antitrust claims against Hyundai and Daimler
USA ex. rel. Michael Tomlin v. Royco, Inc., Case No. 02-1179, U.S. District Court, Tennessee
Case No. 05-5270, U.S. Court of Appeals for the Sixth Circuit
• Defended national nephrology company and its CEO against Medicare fraud and related claims under False Claim Act
• Secured dismissal of action on motion, affirmed on appeal
J.W. Childs Equity Partners, L.P. v. Beltone Electronics Corp.,
U.S. District Court, Northern District of Illinois
• Represented private equity firm in action alleging breach of letter of intent to sell company
• Secured settlement facilitating sale of company to client
North Shore Medical Center v. Evanston Northwestern Healthcare, et al., Case No. 92-6533,
U.S. District Court, Northern District of Illinois
• Defended officers of hospital against RICO, fraud and other commercial tort claims seeking $100 million in damages
• Complete defense verdict following 3-month jury trial
C.R. Bard, Inc. v. M3 Systems, Inc., No. 93 C 4788,
United States District Court, Northern District of Illinois
• Defended patent infringement claims and brought antitrust counterclaims for medical device manufacturer
• After 4-week jury trial, verdict for client on all counts
• Patent defense verdict and antitrust verdict for predatory product modification affirmed on appeal
Blatz v. SHC Holdco, Inc., CA No. 12182-VCS,
Delaware Chancery Court
• Defended private equity firm and portfolio company in a shareholder appraisal action arising out of the acquisition of a national health care staffing company
• After discovery, secured a favorable settlement for less than the cost of defense
Kirkpatrick Capital Partners v. United Shore Financial Services, LLC, Case No. 15-149787-CB
Circuit Court of Oakland County, Michigan/AAA Case No. AAA Case No. 54 166 00842
• Represented private equity firm and CEO of a national mortgage company in pursuing shareholder and breach of contract claims against majority owners
• Shortly before arbitration hearing, secured settlement on favorable terms
Outward Hound Holdings, Inc. v. Riverside Micro-Cap Fund II, L.P.,
C.A. No. 2018-0931-JTL, Delaware Chancery Court
• Represented private equity fund and portfolio company in claims against seller and representation and warranty insurers for breach of representations and warranties arising out of an acquisition of a national pet products company
• Following discovery and expert analysis, secured favorable settlement from seller and insurers
Levmark Capital Fund, L.P. v. IDF Holdings, Inc., Case No. 1400004890, JAMS New York
• Represented private equity fund and portfolio company in claims against seller for breach of representations and warranties arising out of an acquisition of a national food processing business
• During the arbitration hearing, the case settled on favorable terms
Leonardo Worldwide Corporation, v. Ice Portal, Inc., Case No. 01-14-0001-8143,
AAA International Centre for Dispute Resolution, Chicago, Illinois
• Defended major travel media company in an arbitration brought by primary competitor alleging copyright and commercial tort claims and seeking $200 million in damages
• Following discovery and depositions, prevailed on a pre-hearing motion for judgment on all claims
Filipowski v. BDO USA, LLP, No. 10 CH 33484 Circuit Court of Cook County, Illinois
AAA Case No. 51 516 00633 11 Chicago, Illinois
• Represented technology entrepreneur in connection with tax shelter professional liability claims against a national accounting firm
• Secured favorable settlement following mediation
In re Canopy Financial, Inc., Case No. 09 B 44943 (Bankr. N.D. Ill.)
• Represented Chapter 7 Trustee for Canopy Financial in professional liability claims against a national law firm
• Secured favorable settlement following mediation
RJH Management Corp. d/b/a Golden Corral, et al. v. Certain Underwriters at Lloyd’s,
Case No. 3:20-cv-03143, United States District Court for Central District of Illinois
• Brought action on behalf of regional restaurant group and putative class of insureds in an action against alleging breach of a pandemic insurance policy endorsement
• After assignment to an MDL track and preliminary discovery, secured settlement for full policy limits
Larose L.P. et al. v. Toberman, 2007-CV-131894,
Fulton County, Ga. Sup. Ct. Business Division
• Represented multiple commercial real estate partnerships in multi-million dollar fraud and embezzlement claims against general partner in multi-jurisdiction litigation
• Prevailed on summary judgment, affirmed on appeal
• Coordinated with U.S. Attorney in connection with related criminal action and sentencing of general partner
Federal Insurance Company v. European American Realty, Ltd., Case No. 07-CV-0355,
U.S. District Court, Northern District of Georgia
• Led successful mediation of related insurance interpleader action arising out of massive fraud involving numerous claimants to policy
Board of Education v. the Village of Robbins, No. 1-00-2704,
Circuit Court of Cook County, Illinois
• Defended municipality and energy company in defense of a tax increment financing action arising out of the development of a waste-to-energy facility
• Following a multi-week bench trial, the Court found in favor of defendants on all counts
Diversified Real Estate Capital v. Pons, No. 07 CH 19851,
Circuit Court of Cook County, Illinois
• Represented commercial real estate partnership in fraud and embezzlement claims against general partner
• Coordinated with U.S. Attorney in connection with related criminal action and sentencing of general partner
MHC Holding Company v. Highland Capital Management, LP, et al., No. 652498/2011,
Supreme Court of New York
• Defended hospital holding company against fraudulent conveyance and related claims seeking $15 million in damages
• Secured settlement and dismissal without any payment by client or insurer
Phillips v. National Nephrology Associates, Inc., et al., Case No. 02-0576, U.S. District Court,
Middle District of Tennessee/AAA Arbitration No. 11160005912, Nashville, Tennessee
• Defended national nephrology company and its CEO against securities and related claims
• During arbitration hearing, settled for fraction of demand, with substantial insurer contribution
Burns International Services, et al. v. PEDS Acquisition, Inc., et al., Case No. 99 L 08497,
Circuit Court of Cook County, Illinois
• Defended private holding company against claims arising out of failed acquisition of nationwide delivery company
• After prevailing on motion to dismiss, secured settlement for fraction of demand with substantial insurer contribution
Representative Cases by Category:
Director and Officer Defense: In Re Tile Shop Holdings, Inc. Stockholder Derivative Litigation, No. 10884-VCG (Del. Ch.); In re Pasquinelli Homebuilding, LLC, No. 11-14829 (N.D. Ill. Bankr.); In re Hull House Association, No. 12- 04800 (N.D. Ill. Bankr.); Horbal v. Cannizzaro, No. 05-5413-BLS2 (Mass. Super. Ct., Suffolk Cty.); No. 10-P-2012 (Mass. Ct. App.); In re Quality Stores, Inc., No. 01-10662 (W.D. Mich. Bankr.); In re Jillian’s Entertainment Holdings, Inc., No. 04-33192 (W.D. Ky. Bankr.); In re Chevy’s Inc., No. 03-45879 (N.D. Cal. Bankr.); In re DESA Holdings Corp., No. 02-11672 (Del. Bankr.); North Shore Medical Center v. Evanston Northwestern Healthcare, et al., No. 92-6533 (N.D. Ill.); USA ex. rel. Michael Tomlin v. Royco, Inc., No. 02-1179 (M.D. Tenn.); No. 05-5270 (6th Cir.); Beaver County Employees’ Retirement Fund, et al. v. Tile Shop Holdings, Inc., No. 0:14-CV-00786-ADM-TNL (D. Minn.); Phillips v. National Nephrology Associates, Inc., et al., Case No. 02-0576 (M.D. Tenn.), AAA Arbitration No. 11160005912 (Nashville, Tenn.).
M&A and Post-Transaction Litigation: LVI Group Investments, LLC vs NCM Group Holdings, LLC, Case No. 12067-VCG (Del. Ch.); Outward Hound Holdings, Inc. v. Riverside Micro-Cap Fund II, L.P., C.A. No. 2018-0931-JTL (Del. Ch.); Daesang Corporation v. The NutraSweet Company, No: 655019/2016 (N.Y. Sup. Ct.); Blatz v. SHC Holdco, Inc., CA No. 12182-VCS (Del Ch.); J.W. Childs Equity Partners, L.P. v. Beltone Electronics Corp. (N.D. Ill); Levmark Capital Fund, L.P. v. IDF Holdings, Inc., JAMS Case No. 1400004890 (New York); Hartz Consumer Group, Inc. et al v. JWC Hartz Holdings, Inc., No. 600610/03 (N.Y. Sup. Ct.); Burns International Services, et al. v. PEDS Acquisition, Inc., et al., Case No. 99 L 08497 (Cir. Ct., Cook Cty, Ill.).
Practice Areas
Education
J.D., Valparaiso University School of Law, with highest distinction
- Recipient of Jurist Award, full-tuition academic scholarship
B.A. in Economics, University of Chicago
Bar Admissions
- Illinois
- Trial Bar, U.S. District Court for the Northern District of Illinois