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.

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, and partnership disputes), 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 has consistently been recognized as an Illinois Super Lawyers Rising Star from 2014-2017, as well as a Leading Lawyers Emerging Lawyer from 2015-2017. In 2017, he was awarded excellence in pro-bono service from the U.S. District Court for the Northern District of Illinois. 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 has served 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


  • Successfully defended a U.S. subsidiary of a Japanese company, a sister company and their Japanese parent from age discrimination claims alleged by a terminated manager with an initial demand of over $1M obtaining a complete dismissal of all claims. Kotegawa v. MAC Funding, et. al., No. 16-cv-4150 (N.D. Ill. Apr. 19, 2017).

  • Achieved dismissal of all claims against a former employee of an HVAC corporation that alleged breach of the former employee's duty of loyalty to his former employer. Lee's Foodservice Parts & Repairs, Inc. v. Colon, et. al., No. 2016-L-8124 (Circuit Court of Cook County, Mar. 22, 2017). 

  • Court granted a motion to dismiss, with prejudice, claims against the former parent company of the Plaintiff based upon the exclusive forum selection clause in the operative contract selecting South Korea as the venue for litigation. 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).

  • In a three-panel arbitration before the American Arbitration Association, achieved victory for an optical development company where the arbitrators awarded nearly $4M finding that the purchaser improperly withheld monies due under the supply agreement which governed the relationship between the parties

  • Member of litigation team and lead drafter of Motions to Dismiss granted in District Court on behalf of private investigators in malicious prosecution and other improper prosecutorial conduct claims, with the District Court's ruling ultimately affirmed by the Seventh Circuit. Bianchi v. McQueen, et al., 818 F.3d 309 (7th Cir. 2016).

  • Obtained defense verdict at trial following partial summary judgment win while working with Chipotle's lead national counsel as to allegations of discrimination based upon race and national origin, and retaliation, among other related claims. Bob-Manuel v. Chipotle Mexican Grill, Inc., 10 F. Supp. 3d 854 (N.D. Ill. 2014).

  • Secured defense verdict in favor of multiple defendants on claims of defamation and intentional infliction of emotional distress, with the Court granting a directed verdict in the defendants' favor on breach of fiduciary duty claims. Svoboda v. Club Zobak, et al., 2011 L 286 (Circuit Court of Will County, Illinois, Dec. 12, 2014).

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

  • Court granted motion to reconsider and dismissed all claims against client alleging civil rights violations pursuant to Title VI, Section 1981, and state law, relying upon attenuated relationship between the defendant and plaintiffs to hold that the Court lacked jurisdiction over the defendant. Irving v. Chinese Christian Union Church, et al., No. 12-cv-8092 (N.D. Ill. 2013).

  • 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, 2015-2017  
  • Awarded Excellence in Pro Bono Service, 2017