Litigation

Our litigation attorneys have extensive courtroom experience in a wide variety of business disputes – from complex business and patent litigation, to breach of warranty claims and basic contract disputes.

We represent clients from all industries in courts throughout the United States. Our attorneys are admitted to the Federal Trial Bar and have been recognized for their skills by the "Leading Lawyers Network" and the "Super Lawyers" publications.

Whether the matter involves federal court litigation, a state court action, or arbitration, our attorneys are commited to a team approach to the case, bringing together the right team of attorneys to match the needs and interests of our client.

A "team approach to litigation" means we listen to what our clients tell us they want to achieve through litigation. We discuss – in clear and simple language – the dispute-resolution process they will be experiencing, whether it will be a two-week trial in a federal courtroom located several states away or a four-hour arbitration hearing down the street. We prepare our clients for the rigors of litigation with a single purpose – to win.

To view a sample of our 2016 successes, click here.

If you have any questions or would like further information about Masuda Funai's Litigation practice, please contact the Group's chair, Gary Vist, at 312.245.7500 or via e-mail at gvist@masudafunai.com.

RANGE OF SERVICES AND EXPERIENCE
The Masuda Funai Litigation Practice Group provides counsel to clients in an expansive and diverse range of domestic and international industries, including:

  • Electronics and semi-conductors
  • Heavy automotive, engine and machine tool manufacturers
  • High-tech industries, such as graphic arts and commercial printing
  • Transportation, warehousing, shipping and trading, and export and import, including state Departments of Transportation
  • Telecommunications and software
  • Life sciences
  • Urgent care facilities and other healthcare facilities
  • Retail, distribution, sales and service companies
  • Food manufacturing and distribution
  • Real estate, title insurance and construction companies

Specific areas of litigation experience include:

Antitrust. We represent and counsel clients in antitrust, unfair competition, and restraint of trade claims, including claims alleging exclusive dealing, pricing restraints, price discrimination, territory and customer restrictions, tying claims, refusals to deal, and relations with competitors.

Arbitration and Mediation. Our attorneys have extensive experience in all forms of alternative dispute resolution, including appearances before arbitration panels and mediation neutrals. We know that ADR often can provide the best opportunity for quick and cost-effective conclusions of commercial disputes.

Bankruptcy, Collateral Recovery and Debt Workout. We represent creditors in bankruptcy courts in all types of complex insolvency proceedings and assist clients in debt work-out agreements and the recovery of collateral.

Cargo and Shipping Claims. Our attorneys represent shippers, consignees, carriers, brokers and forwarders in asserting and defending against claims for damaged and delayed cargo and shipments, and other claims arising in admiralty, and air and surface transport.

Commercial Contracts. We litigate and resolve virtually all types of commercial disputes involving contracts, sale of goods, trade secrets, fraud, deceptive trade practices, equipment leasing, breach of warranty, accounting, secured transactions, collection of receivables, repossession, product recalls and general Uniform Commercial Code disputes.

Copyright, Trademarks and Service Marks. Our attorneys represent clients in enforcement of their rights and in defense of claims of others, from the initial "cease and desist" letter to the conclusion, whether by settlement, mediation or litigation. We litigate controversies and disputes regarding unfair competition, patent/trademark infringement, trade dress, misappropriation, counterfeiting, trademark dilution, domain name dispute and comparative advertising claims and proceedings.

Distribution. A significant portion of the Litigation Group's practice is representing clients in disputes arising out of regional, national and international sales agreements; distribution, dealer, franchise, sales representative and license agreements; vendor agreements; OEM agreements; security, lease, consignment, warehouse and bailment agreements; and wrongful termination claims by former distributors, dealers and sales representatives.

Emergency Relief. Our attorneys are skilled in obtaining injunctions and other emergency orders for clients requiring the immediate attention of the courts for relief from restrictive covenants, the protection of collateral, and theft of intellectual property.

Enforcement of Confidentiality and Non-compete Agreements. We represent businesses in lawsuits brought to protect important confidential and proprietary information from disclosure, often by enforcing employee, customer, and supplier confidentiality and non-compete agreements.

Insurance Coverage. We assist clients in pursuing and recovering claims from their insurers under the clients' insurance policies.

Intellectual Property. We represent and counsel clients in prosecuting claims involving breaches of transfer of technology and licensing agreements, and actively pursue parties charged with the counterfeiting of clients' products for sale or distribution.

Litigation Risk Management. Our attorneys counsel clients on litigation prevention and risk management techniques that reduce the exposure to and cost of dispute resolution and litigation.

Patent Litigation. We counsel and represent clients in patent litigation, including the defense of "patent troll" claims and ITC actions. We provide pre-litigation counsel and opinions of counsel in support of litigation or anticipated litigation. We also represent clients before the PTO in post grant proceedings, including inter parte reviews.

Product Liability. Our attorneys defend product liability lawsuits in many industries, for domestic and foreign owned manufacturers. Our attorneys are licensed to practice in several states and have tried product liability cases to verdict (or favorable settlement).


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Yulia Chembulatova
Associate
Office: Chicago
Email:  ychembulatova@masudafunai.com
Phone:  312.245.7511

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Michael S. Golenson
Senior Associate
Office: Chicago
Email:  mgolenson@masudafunai.com
Phone:  312.245.7529

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Alan M. Kaplan
Principal
Office: Schaumburg
Email:  akaplan@masudafunai.com
Phone:  847.734.8811

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Steven L. Katz
Principal
Office: Chicago
Email:  skatz@masudafunai.com
Phone:  312.245.7500

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Reinhold F. Krammer
Principal
Office: Chicago
Email:  rkrammer@masudafunai.com
Phone:  312.245.7500

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Asa W. Markel
Principal
Office: Los Angeles
Email:  amarkel@masudafunai.com
Phone:  310.630.5900

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Nancy E. Sasamoto
Principal
Office: Chicago
Email:  nsasamoto@masudafunai.com
Phone:  312.245.7500

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John B. Stanis
Principal
Office: Schaumburg
Email:  jstanis@masudafunai.com
Phone:  847.734.8811

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David J. Stein
Associate
Office: Chicago
Email:  dstein@masudafunai.com
Phone:  312.245.7474

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Edward J. Underhill
Principal
Office: Chicago
Email:  eunderhill@masudafunai.com
Phone:  312.245.7500

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Gary Vist
Principal
Office: Chicago
Email:  gvist@masudafunai.com
Phone:  312.245.7500

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Jiwon Juliana Yhee
Associate
Office: Chicago
Email:  jyhee@masudafunai.com
Phone:  312.245.7500

  • Settled on highly favorable terms in multi-million dollar preference claims asserted by customer in federal bankruptcy court in Delaware, on behalf of two Japan manufacturers of semiconductor equipment and a California subsidiary of one of the manufacturers.

  • Defended an international printing press supplier against arbitration claims in excess of $1 million for breach of contract and breach of warranty filed with the American Arbitration Association in New York; Participated in a week-long arbitration hearing in Manhattan, New York, resulting in a low 5-figure award.

  • Achieved a significant reduction in penalties and charges levied by OSHA against an Illinois manufacturer in connection with an industrial accident.

  • Defended an international manufacturer of auto parts against claims in the Delphi bankruptcy in New York. Resolved the matter by enabling the client to keep 86% of payments received and to enter into new long-term supply contracts with its customer.

  • Represented a machine tool manufacturer and its foreign parent company in obtaining a preliminary injunction against infringement of its name and trademarks before a federal court in Chicago.

  • Settled claims of patent infringement and unfair trade practices brought by patentee in federal court in Hawaii on terms highly favorable to several seafood distributor defendants.

  • Coordinated defense and secured dismissal of all claims against a Japan high tech equipment manufacturer and its Illinois subsidiary with regard to breach of warranty and fraud claims asserted by end user in Texas state court.

  • Coordinated defense of Tier I automotive parts supplier in federal court in Ohio from claims brought by a disgruntled industrial equipment supplier; the case was settled and dismissed without any payment to the plaintiff.

  • Swiftly secured dismissal with prejudice in federal court in Chicago for clients on a pro se plaintiff's billion dollar claim for infringement of a U.S. patent relating to security and mobile telephone technology.

  • Won summary judgment of non-infringement for a client accused of stealing a former employee's patented process who was seeking over $100 million in damages.

  • Represented an international manufacturer of computer parts in a settlement conference in Tokyo involving multiple parties from the United States, Japan and Taiwan and claims in excess of $90 million in the aggregate, and assisted the client in bringing the matter to a speedy and satisfactory resolution for a tiny fraction of the disputed amount.

  • Obtained complete victory by summary judgment in federal court in Chicago for a manufacturer of outdoor power equipment on a $2.8 million breach of contact claim against a former New England distributor, including dismissal of the former distributor's $25 million franchise law counterclaim; prevailed on appeal before the federal court of appeals in Chicago.

  • Defended an international printing press supplier against claims of fraud and breach of warranty made by the equipment purchaser in a $20 million dollar arbitration claim filed with the American Arbitration Association in Texas; participated in the first three weeks of a scheduled eight-week long hearing in Texas, after which the matter was settled for a favorable amount.

  • Obtained a multi-million dollar settlement recovery for a client involved in 3-year long litigation involving cutting-edge products used in high-tech applications.

  • After mediation in Columbus, Ohio, and without a lawsuit being filed, satisfactorily settled claims totaling several millions of dollars asserted against our client, an automotive supplier, in connection with a construction contract.

  • Obtained a complete victory for a printing press supplier defending contract-based claims in a week-long arbitration in Chicago, enabling the client to subsequently obtain a judgment against the arbitration claimant in court and secure a 7-figure recovery.