Lowis & Gellen LLP | Current News

2012-01-25T14:44:00.003-06:00

Christopher Cahill's article, "Commodity Supply Agreements Are Swap Agreements: A Counter-Intuitive But Quite Real Safe Harbor From Preference Avoidance,” has been published in International Corporate Rescue and analyzes a defense for commodity suppliers against the avoidance and recovery of transfers to such suppliers from debtors under the Bankruptcy Code.

Section 546(g) of the Bankruptcy Code exempts from preference or constructive fraudulent transfer the avoidance of any transfer made pursuant to a swap agreement with the Debtor. The Code's financial derivative safe harbor provisions and related definitions are broadly-worded. The Code's definition of "swap agreement" includes "commodity forward agreement." A "commodity forward agreement" is, for the Fourth Circuit Court of Appeals and other courts, a commodity supply agreement for future physical deliveries, which is used as a hedge.

Thus, creditors of United States bankruptcy debtors who supply or receive oil, natural gas, steel, polypropylene or any other commodity may do so pursuant to a contract that can be construed as a "swap agreement" that supports a total defense to avoidance of transfers received from the debtor. Implications with respect to other safe harbor provisions of the inclusion of "commodity forward agreement" within the definition of "swap agreement" will be the subject of a future paper.

This article first appeared in International Corporate Rescue (Volume 8, issue 4) and is reproduced with the kind permission of Chase Cambria Company (Publishing) Limited.

Click here to view article

2012-01-18T16:19:00.005-06:00

Rob Smeltzer been asked by the Northeast Circuit Clerks Association to give a speech at their 2012 Educational Conference, "Social Media Use from the Employer's Perspective - What are your legal rights?"

Click here for more information

2012-01-10T11:23:00.007-06:00

Lowis & Gellen LLP was selected as a winner in the DealMakers Global Awards 2012 campaign.

The DealMakers Global Awards 2012 recognize a select number of leading professional firms, across the globe, for their individual areas of specialization, within their geographical location.

For more information please visit

www.dealmakers-monthly.com

2012-01-10T11:11:00.002-06:00

Chicago Lawyer: The premier publication has selected Lowis & Gellen partner Gerald Haberkorn as one of 2011’s

“Leading Civil Defense Lawyers” & “Leading Commercial Litigation Lawyers”

LOWIS & GELLEN LLP OFFERS CONTINUING EDUCATION SEMINARS TO HOSPITAL CLIENTS

2012-01-06T15:04:00.002-06:00

Lowis & Gellen has a tradition of providing continuing education seminars to hospital clients. Recently, Ms. Megan DeZutti has continued this tradition by presenting continuing education seminars for nurses at Loyola Gottlieb Memorial Hospital and Ingalls Memorial Hospital. In the Spring of 2011, Ms. DeZutti presented three seminars for nurses from all hospital departments at Gottlieb Loyola Medical Center and was asked to return in November to speak to surgical staff on the JHCOA “time out” requirements to prevent medical mistakes during surgery. In the Fall of 2011, Ms. DeZutti presented a seminar for Ingalls Memorial Hospital which was video-taped in order to provide education for new nurses during their orientation. These seminars have included topics ranging from general medical liability, electronic and paper charting, chain-of-command, communication, and medication errors. Ms. DeZutti has also lectured residents from UIC Hospital during monthly grand rounds.

LOWIS & GELLEN ATTORNEYS ONCE AGAIN WIN MOTIONS FOR SUMMARY JUDGMENT IN THREE MEDICAL MALPRACTICE CASES

2011-12-12T12:44:00.003-06:00

Partner, Jenny Blake, and appellate attorney, Mehreen Sherwani, once again have won summary judgment in three medical malpractice cases. In the first case, the plaintiff filed a wrongful death and survival action against a hospital predicated on the care and treatment her mother received from the hospital's alleged agents, a primary care physician, a treating nephrologist, and an emergency room physician. Ms. Blake and Ms. Sherwani successfully argued that the patient either knew, or should have known, that the physicians taking care of her were independent contractors, and not employees or agents, of the hospital. They argued the patient had a long history with the primary care physician and nephrologist prior to the admission at issue, and the patient knew before she presented to the hospital that she was going to see them there. With respect to the emergency room physician, they argued the hospital placed the patient on notice that she was not an employee or agent of the hospital because the patient had signed a consent form informing her that the physicians providing medical services to her were not employees or agents of the hospital, but rather, were independent contractors. Ms. Sherwani argued the motion in DuPage County, and the trial court granted summary judgment in favor of the hospital.

In the second case, the plaintiff filed a medical malpractice action against a hospital, seeking damages arising out of the death of her husband following multiple surgeries performed at the hospital. The plaintiff alleged the surgeons who had performed the surgeries were apparent agents or employees of the hospital. Ms. Blake and Ms. Sherwani successfully argued that, during his admission, the decedent or his family had signed several consent forms which clearly informed them that the surgeons were independent contractors and not employees of the hospital. The consent forms also contained statements which provided that the individual signing the form had not sought treatment from any independent contractors based on their association with the hospital. Further, as the trial court noted, there was no evidence that the hospital did anything to hold out these physicians as its employees or agents. The trial court further rejected the plaintiff’s argument that the decedent’s mental or physical condition impaired his ability to understand the consent forms, as he had signed the same consent form on prior occasions, and his wife had signed the consent form prior to his first surgery, and his son had signed the consent form prior to his second surgery. Based on the strength of the briefs alone, the trial court in Cook County granted summary judgment in favor of the hospital.

In the third case, the plaintiff filed a medical malpractice action against a hospital predicated on the care and treatment his mother received at the hospital following a fall which occurred without anyone present. Ms. Blake and Ms. Sherwani argued that the plaintiff’s expert’s opinions lacked an adequate foundation or were otherwise baseless. They further argued that the only criticism that did not suffer from these infirmities was the nurse’s claimed failure to check on the patient every 15 minutes. With respect to that criticism, Ms. Blake and Ms. Sherwani argued that the expert’s opinion that the nurse’s failure to check on the patient every 15 minutes caused her fall was based on pure speculation. The undisputed evidence showed no one was in the room when the patient fell, and no one knew how, when, or what caused her to fall. Ms. Blake successfully argued the motion in Lake County, and the trial court granted summary judgment in favor of the hospital, thereby entirely disposing of the case.

2011-11-11T11:11:00.000-06:00

Volunteer Lawyers for Veterans is the Yellow Ribbon Fund’s newest initiative. Over the years, it has been found that some injured service members need legal support. This has been recognized after they leave the service, as well. Support on issues such as divorce, child custody, bankruptcy and some criminal law have been requested by injured service members over the years.

VLV has been created to bring together attorneys from all areas of specialization to help veterans with their legal needs on a pro bono basis. In addition to the needs noted above, VLV attorneys could help guide veterans with needs in real estate, starting small businesses or other legal needs.

The fundraiser at the NYAC on Wednesday, November 9th had over 100 people in attendance and raised nearly $100,000. General Stanley McChrystal was the keynote speaker, they honored several service members (at least two had been injured) and the 319th Army band performed.

2011-10-03T11:06:00.001-06:00

Lowis & Gellen Client Sells His Business Interest

2011-09-27T14:13:00.004-06:00

Lowis & Gellen represented the seller (the “Seller”) in the sale of his 20% interest in a printing business and the building in which the business is located to a private investor. This sale of LLC membership interests involved a significant cash payment together with a promissory note, employment agreement and a consulting contract with pay-outs tied to sales and revenues for the subsequent five years.

The Lowis & Gellen team consisted of Gerald Haberkorn and Robert Leavitt, who exclusively handled for the Seller all legal aspects of the transaction including the structuring, drafting and negotiating of the sale, employment and consulting documentation.

For more information, please contact:
Robert Leavitt, (312) 628-7199
rleavitt@lowis-gellen.com

2011-08-23T09:32:00.005-06:00

Mr. Cahill’s article, "Commodity Supply Agreements Are Swap Agreements: A Counter-Intuitive But Quite Real Safe Harbor From Preference Avoidance,” has been published in International Corporate Rescue and analyzes a defense for commodity suppliers against the avoidance and recovery of transfers to such suppliers from debtors under the Bankruptcy Code.

Section 546(g) of the Bankruptcy Code exempts from preference or constructive fraudulent transfer the avoidance of any transfer made pursuant to a swap agreement with the Debtor. The Code's financial derivative safe harbor provisions and related definitions are broadly-worded. The Code's definition of "swap agreement" includes "commodity forward agreement." A "commodity forward agreement" is, for the Fourth Circuit Court of Appeals and other courts, a commodity supply agreement for future physical deliveries, which is used as a hedge.

Thus, creditors of United States bankruptcy debtors who supply or receive oil, natural gas, steel, polypropylene or any other commodity may do so pursuant to a contract that can be construed as a "swap agreement" that supports a total defense to avoidance of transfers received from the debtor. Implications with respect to other safe harbor provisions of the inclusion of "commodity forward agreement" within the definition of "swap agreement" will be the subject of a future paper.

View the entire article click here..

L&G Chosen to Conduct Employment Training for Circuit Court of Cook County

2011-08-23T09:25:00.003-06:00

Rob Smeltzer, the partner in charge of the firm's employment law practice, will conduct the training of approximately 150 managers of the Circuit Court of Cook County, Illinois, one of the largest unified state court systems in the country. The training will commence in October of this year and center on the legal requirements of various state and federal employment laws, including but not limited to sexual harassment, religious and disability accommodation, the FMLA and overtime laws.

Lowis & Gellen Attorneys Negotiate Agreement To Sell Railroad For $90 Million

2011-08-03T09:28:00.004-06:00

Lowis & Gellen's client, Permian Basin Railways, Inc., signed an agreement to sell 100% of its stock in Arizona Eastern Railway Company to Genesee & Wyoming, Inc. for $90.1 million in cash, subject to adjustment for final working capital. The Lowis & Gellen team of Gerald Haberkorn, Robert Leavitt and Mehreen Sherwani handled all legal aspects of the transaction including structuring, drafting, and negotiating the purchase documentation. The acquisition is subject to customary closing conditions and is expected to be completed by the end of the third quarter of 2011.

For more information about Lowis & Gellen's mergers and acquisition practice, please contact: Gerald Haberkorn, (312) 456-2701

To read the press release, click here.

Lowis & Gellen LLP was selected as a Lawyers World Global Award Winner 2011

2011-07-19T08:01:00.001-06:00

The Lawyers World Global Awards 2011 recognize a select number of leading professional firms, across the globe, for their individual areas of specialization, within their geographical location.

The award recognizes the organizations & advisers that have performed to exceptional levels during the most difficult period that the global economy has experienced for decades.

Lowis & Gellen LLP wins $1.1mm verdict for Iowa Pacific Holdings

2011-07-12T14:51:00.005-06:00

Rob Smeltzer and Brian Orr of Lowis & Gellen obtained a jury verdict of more than one million dollars for their client, Iowa Pacific Holdings, LLC, in the U.S. District Court of Colorado last week. The jury held that Iowa Pacific had a valid and enforceable oral agreement to crew a Ski Train between Denver and Winter Park, CO, even though the parties had yet to sign a final written contract. Iowa Pacific alleged that Amtrak anticipatory breached the oral agreement by indicating it would not provide the crew unless Iowa Pacific first agreed to insurance and indemnity requirements well above those initially agreed upon, and the jury concurred. A link to the Associated Press report follows.

View Article

LOWIS & GELLEN LLP FIRST QUARTER 2011 EMPLOYMENT LAW UPDATE

2011-05-17T08:09:00.003-06:00

In late 2010 and early 2011, the U.S. Supreme Court issued three particularly noteworthy decisions in the employment law arena, all of which could be read to expand the protections that employees have under various federal statutes such as FLSA and Title VII. In particular, these decisions illustrate the strong protections available to employees who lodge internal or external complaints of potential discrimination – yet again proving the adage that weak discrimination claims can make strong retaliation claims when employers mishandle them.

Kasten v. Saint-Gobain Performance Plastics Corp, involved the anti-retaliation provision of the Fair Labor Standards Act (“FLSA”). [Note: the FLSA provision on its face only purports to cover complaints that are actually "filed." 29 U.S.C. § 215(a)(3). On the other hand, Title VII's provision more broadly purports to outlaw retaliation for "opposing any [unlawful] practice." 42 U.S.C. § 2000e–3(a)]. In Kasten, the Supreme Court overturned the U.S. Court of Appeals for the Seventh Circuit's judgment that only written complaints to the employer could fall within the ambit to of the FLSA provision, because only written formal complaints could be "filed." The Supreme Court disagreed, holding that plaintiff's oral complaints could be covered by the FLSA's anti-retaliation provision if they provided the employer with fair notice and involved some of assertion of rights protected by the statute. Kasten therefore reemphasizes the need for employers to adequately document and investigate even oral or informal complaints of discrimination or retaliation.

In Staub v. Proctor Hospital, the Supreme Court unanimously recognized and set forth the parameters of the "cat's-paw" theory of liability. Staub involved a discrimination claim under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). [Note: USERRA has a liability provision mirroring Title VII's, but prohibits using military status as "a motivating factor" in adverse employment decisions]. The cat's paw theory is used by plaintiffs in cases where there is proof that an employee with a discriminatory animus against him (or knowledge of his "opposition to unlawful conduct") influenced another's employment decision, but no proof that that decisionmaker bore the same animus. Thus, in the cat’s paw scenario, the animus of the influencer may be in essence imputed to the decisionmaker.

The Seventh Circuit had previously held that plaintiff Staub could not prove discrimination on the basis of the anti-military animus of his two supervisors (who were consulted about, but did not make the final decision to fire him) unless he could show that those supervisors exerted "singular influence" over the final decisionmaker. According to the Seventh Circuit, plaintiff could not do so, because the ultimate decisionmaker conducted an independent investigation and did not solely rely on information provided by the two supervisors who had a discriminatory animus.

The Supreme Court disagreed, holding that the fact that Staub’s supervisors did not make the decision to fire him was immaterial and that all plaintiff had to show was that the supervisors’ actions were a proximate cause of the decisionmaker's decision to terminate him. Specifically, the Court held that if a supervisor performs an act motivated by discriminatory animus, and “if that act is a proximate cause of the ultimate employment action, then the employer is liable." Staub thus greatly impairs an employer’s ability to defend discrimination suits on the basis that the final decisionmaker relied on the recommendations of others without actual knowledge of their true motives and/or did not know that plaintiff had engaged in protected activities prior to the time the decision was made. This in turn, again reiterates the need for employers to: document employee performance problems in advance; adopt and train employees with respect to formal policies that seek to uncover and address potential discrimination; and consider whether a person recommending adverse employment actions may have ulterior/illegal motives.

Finally, in Regalado/Thompson v. North American Stainless, the Supreme Court expand Title VII’s anti-retaliation provisions to cover people who didn't actually complain about potential discrimination, but did have a relationship with an employee who did. Regalado/Thompson involved two fiancées who worked for the same employer. When Miriam Regalado filed an EEOC charge claiming that the employer discriminated against her on the basis of her sex, the employer was apparently dissuaded from retaliating against her directly. Instead, the employer chose to take it out on Regalado's fiancé, Eric Thompson. The lower courts could not agree whether Thompson was entitled to sue under Title VII's retaliation provisions because he never engaged in activity protected by Title VII (e.g. opposition to unlawful conduct or participation in another's complaint). In a rare unanimous decision, the Supreme Court decided that he could, holding that allowing employers to retaliate against people like Thompson would just as easily dissuade an employee like Regalado from exercising her rights as would retaliation directed at her. Regalado therefore illustrates the importance of adopting an internal anti-retaliation policy and adequately training employees so that they understand the employer will not tolerate retaliation of any kind.

For more information about Lowis & Gellen LLP’s Employment Law Practice, please contact Partner Rob Smeltzer at (312) 456-7952 or email him at rsmeltzer@lowis-gellen.com.

2011-05-11T10:42:00.004-06:00

Shellie Karno recently published a textbook chapter entitled "Nursing Malpractice, Negligence and Liability". The textbook,"Law for Nurse Leaders" is a comprehensive guide to current and emerging health law issues and an essential source of legal information for hospital executives, administrators, practicing nurses and nurse educators. Ms. Karno also contributed a Question and Answer segment to the text.

2011-04-29T12:25:00.003-06:00

Lowis & Gellen welcomes...

Clemon Ashley

Mr. Ashley is an associate attorney with Lowis & Gellen LLP. He concentrates his practice in corporate transactions and commercial litigation. Prior to joining Lowis & Gellen LLP, Mr. Ashley served as law clerk to the Honorable Vicki Miles-LaGrange, Chief U.S. District Judge for the Western District of Oklahoma, where he provided direct litigation support on complex legal issues. Mr. Ashley previously served as a business analyst at Aetna, Inc., a Fortune 500 health insurer, where he exceeded corporate objectives in delivering marketplace and cross-functional solutions in the area of health informatics.

Mr. Ashley is admitted to practice in Illinois and received his law degree from Loyola University Chicago, where he completed a Certificate in Health Law and served as an editor of the Annals of Health Law, International Law Review, and the Public Interest Law Review. He earned his Master of Public Health from Emory University and his bachelor’s degree from the University of Tulsa.

&

Christopher M. Cahill

Christopher M. Cahill is an experienced corporate restructuring lawyer. He has represented secured lenders in middle market cases, including negotiating cash collateral and DIP financing orders, litigating lien defense, and objecting to chapter 11 plans (as well as negotiating consensual resolutions of chapter 11 plans). Further, Mr. Cahill has substantial mega-case debtor experience (e.g., the Harnischfeger, Babcock & Wilcox, and Wickes Inc. cases) at national law firms and has also represented creditors committees, purchasers of assets, landlords, and other parties in interest in chapter 11 cases. He represented a creditors committee, a post-confirmation liquidation trustee, and many creditors in the recent automotive bankruptcy cases, including a management role in the prosecution of approximately 180 preference actions in the Plastech (a Tier 1 supplier) cases.

PROFESSIONAL ACTIVITIES

Mr. Cahill’s article, "Commodity Supply Agreements Are Swap Agreements: A Counter-Intuitive But Quite Real Safe Harbor From Preference Avoidance,” forthcoming in International Corporate Rescue, analyzes a legal strategy of potential value to companies that purchase commodities from or sell commodities to chapter 11 debtors.

EDUCATION

Mr. Cahill is a graduate of the University of Illinois at Urbana-Champaign, and received his J.D. from the University of Michigan Law School.

2011-04-21T11:40:00.005-06:00

Pat Moran was a guest speaker at Lyons Township High School in La Grange, Illinois on April 13, 2011. His presentation to the "Business Principles" class gave students valuable insight on how the business world works from an attorney's perspective, as well as information on how to prepare for law school and a career as an attorney.

2011-04-01T09:01:00.004-06:00

Lowis & Gellen LLP Attorney Charlotte Felber attended a recent Kellogg Executive Lecture Series on "Information Strategies for a Competitive Advantage" with Professor Michael Mazzeo. The lecture focused on: (1) information efficiencies for surpassing the herd; (2) differentiation by acquiring unique information from atypical searches and developing actionable knowledge; and (3) using internal information, which is often superior and unique, but being aware of potential bias and the consequences. Through educational opportunities such as the Kellogg Executive Lecture Series, Lowis & Gellen LLP attorneys stay apprised of current business and legal strategies in order to better serve their clients.

Step Change 2011

2011-03-22T09:34:00.006-06:00

Gerald Haberkorn participated in Step Change 2011 where he joined hundreds of fellow runners to race to the top of London's most iconic building for the Child's Voice Appeal. He not only completed the challenge of climbing 1,037 steps 38 floors, his participation helped make a difference to the lives of children across the UK, by raising funds to improve the NSPCC and Childline phone line services.

Visit NSPCC @ nspcc.org.uk

2011-02-23T09:29:00.002-06:00

The Illinois Appellate Court, First District, recently issued a decision in one of the “365/360 method” cases. (See attached). As you are aware, claims and defenses under the Illinois Interest Act based on lenders’ use of the 365/360 method for calculating interest are quite prevalent now, especially with the use of Laser Pro loan documents. In RBS Citizens v. RTG-Oak Lawn, LLC, RBS filed a complaint for mortgage foreclosure, which included claims seeking recovery of unpaid amounts under the loan, after the defendants defaulted on a loan. In response, the defendants asserted affirmative defenses and counterclaims based on RBS’s use of the 365/360 method, including alleged violations of the Interest Act (815 ILCS 205/1 et seq.), the duty of good faith and fair dealing, the Consumer Fraud Act (815 ILCS 505/1 et seq.), and common law fraud. Like many other circuit court judges presented with similar claims, Judge Delort of the Circuit Court of Cook County dismissed the defendant’s affirmative defenses and counterclaims with prejudice.

In a well-reasoned opinion, the Appellate Court affirmed the trial court’s dismissal as to all claims. With respect to the Interest Act, the court found that the language in the note explicitly provided that interest would be computed with the 365/360 method. The court rejected the defendant’s argument to the contrary -- that the note was ambiguous due to use of the term “per annum” in other provisions -- noting that the term “per annum” was not used in the paragraph discussing how interest would be charged or calculated. Because success of the remaining claims all required that the note’s interest provision be found improper, the court affirmed the circuit court’s dismissal of those claims as well.

The RBS court addressed one final issue. The defendants had signed forbearance agreements containing waiver of defense provisions. The court strongly suggested that by executing the forbearance agreements, the defendants waived any affirmative defense or counterclaim based upon the Interest Act and common law fraud. While the court did not actually rule on this issue, choosing instead to directly dispose of the Interest Act claim, the language in the opinion emphasizes the importance of including these types of waiver provisions in forbearance agreements.

This opinion, coupled with last year’s enactment of Senate Bill 1118, is obviously good news to lenders and should largely put to rest borrowers’ use of Interest Act claims as a defense to lenders’ actions on notes, although we expect to see some additional claims based on the particular language of different notes. SB 1118 amended the Interest Act to clarify that an annual interest rate for commercial loans may be lawfully computed on a 360-day year.

Lowis & Gellen LLP have been successfully chosen as the winner of the Corporate Intl Magazine 2010 Legal Award for:

2011-01-25T09:59:00.006-06:00

“Mergers & Acquistions Law Firm of the Year in Illinois”
&
“Banking & Finance Law Firm of the Year in Illinois”

2011-01-10T11:05:00.003-06:00

December 2010 Lowis & Gellen partners Pam Gellen and Scott Wolfe successfully defended a University hospital and its doctors in an alleged wrongful death case. The suit was brought on behalf of a 29 year old mother of 4 who died from a pulmonary embolus just minutes after delivering twins. The plaintiff claimed the woman was at high risk for deep vein thrombosis (DVT) and pulmonary embolus (PE) in the latter part of her pregnancy and should have been provided with DVT prophylaxis. An expert for the plaintiff testified that DVT prophylaxis would have prevented a DVT and would have prevented the PE and death. The defense argued that the patient was not considered high risk and the options for DVT prophylaxis were either ineffective (TED hose or sequential compression boots) or carried an unacceptable risk of bleeding (prophylactic anticoagulation). The jury apparently believed the defense argument that the doctors didn't have a crystal ball and without knowing the outcome, the doctors could legitimately conclude that the risk of anticoagulation outweighed the risk of DVT and PE without anticoagulation.

The plaintiff asked the jury to award over $13million. The jury returned a verdict in favor of the defendants.

Not Guilty Achieved in Favor of Lowis & Gellen’s Client in Colonoscopy Case

2010-07-06T15:34:00.002-06:00

Lowis & Gellen partners Mark J. Smith and Scott R. Wolfe attained a Not Guilty verdict in favor of their client, a gastroenterologist, in Cook County, Illinois. The plaintiff, a 50-year-old male, presented to the defendant gastroenterologist for his initial screening colonoscopy. Defendant located a pre-cancerous polyp that he removed and estimated the location as the distal transverse colon. He also found a likely cancerous 1.2 cm sessile polyp which he could not remove and estimated its location at 30 cm from the anal verge, likely in the sigmoid colon. The defendant tattooed the area to make finding the very small lesion easier. Surgery for removal of the cancer was arranged. Based on the colonoscopy report and location estimates, he believed the cancer was in the sigmoid colon. However, the surgeon could not find the tattoo so he removed the patient’s entire sigmoid colon. Pathology revealed the tissue removed contained no tattoo and no cancer. A repeat colonoscopy at another institution revealed the tattoo and the cancer remained in the patient and was likely in the distal transverse colon. The second surgeon performed a completion colectomy, removing the entire remainder of the plaintiff’s colon. Had the sigmoid colon not been previously removed, the second surgeon may have salvaged the sigmoid. If the sigmoid could have been salvaged Plaintiff would likely have better control of bowel movements. Plaintiff now has 20 plus bouts of diarrhea or loose stools per day with frequent incontinence, has never returned to work, cannot engage in any normal activities or socializing and cannot sleep normally as he wakes frequently due to loose stools. Plaintiff alleged Defendant negligently described the location of the two lesions found on colonoscopy. Specifically that the cancer tattooed was actually in the transverse colon and the polyp removed was in the sigmoid colon. Plaintiff claimed the incorrectly described lesions caused an unnecessary operation and unnecessary removal of undiseased tissues that should have been saved. Plaintiff then had to undergo a second operation to remove the cancer. Plaintiff is now left with so little colon he cannot control his loose stools whereas if he had the sigmoid in tact, he would likely have well formed stool and could work and have a normal life.

Mark and Scott argued the colonoscopy was performed well. During a colonoscopy distance and locations are mere estimates. They argued the defendant utilized reasonable estimates and then went above and beyond the standard of care by tattooing the area. All experts, including plaintiff’s retained expert agreed the tattoo should have made locating the cancer 100% accurate, regardless of the verbal description in the report. Defendants further argued a complete colectomy should have been done anyway due to the patient’s history of cancer, family history of colon polyps and young age. Defendants also denied plaintiff was as severely disabled as claimed and argued he should be able to work.

Plaintiff asked for $2.9 Million against Lowis & Gellen's client. The jury found in Mark & Scott's favor in under two hours.

For more details about this case or any questions regarding Lowis & Gellen’s professional malpractice experience, please contact Scott Wolfe at swolfe@lowis-gellen.com

2010-06-23T12:05:00.001-06:00

Lowis & Gellen LLP Attorney Charlotte Felber was sworn in to practice law in the state of New York on June 22, 2010.

2010-06-04T14:18:00.003-06:00

In the Canada-US Business Council of Chicago's Spring 2010 Newsletter, Lowis & Gellen LLP Associate Attorney Charlotte Felber briefs the Canadian business and economic landscape in her article entitled, "Canadian Business & Economic Update." Lowis & Gellen LLP is a member of the Canada-US Business Council of Chicago, and Ms. Felber sits on the editorial board for the Council's quarterly newsletter.
Click here to view Newsletter.

2010-04-06T09:12:00.004-06:00

4 Lowis & Gellen attorneys were selected by their peer's to be on the list of the "Top Insurance Defense firms in Illinois"and will be recongnized by Leading Lawyers Network.

Lowis & Gellen Attorney is Speaker at CBA Committee Meeting

2010-03-12T15:40:00.005-06:00

James Froberg, a member of Lowis & Gellen’s Corporate Practice Group, participated as a guest speaker at the Chicago Bar Association’s Commercial Finance & Transactions February 2010 meeting to discuss Lender Liability Issues at the CBA’s headquarters in Chicago, Illinois.

With financial adversity and hard times continuing to affect the national economy broadly it is not unexected that there is renewed focus on lender liability in the commercial and consumer market place. Lender liability is made up of a body of common and statutory law covering a broad spectrum of claims. Claims may arise under the a wide array of theories as well as new theories as this area of the law evolves: For purposes of the Committee’s discussion of Lender Liability the focus was on on Common Lender Liability Theories in Contract and Tort in commercial transactions. The presentation also discussed the importance of The Illinois Credit Agreements Act in defusing certain elements of lender liability in Illinois as well as the importance of periodic portfolio review and the use of forbearance agreements in mitigating or avoiding liability. The discussion also covered a few recent cases addressing lenders from liability under a couple of old and new theories. The presentation also addressed some strategies for managing and reducing the risks of lender liability.

Lowis & Gellen’s Corporate Practice Group represents public and private companies in connection with a wide variety of transactions, including mergers, stock purchases and asset acquisitions, divestitures, leveraged buyouts, restructurings and other transactions involving changes in corporate control. For more information on Lowis & Gellen’s Corporate Practice Group, please contact James Froberg at jfroberg@Lowis-Gellen.com or (312) 456-2718.

Lowis & Gellen Get Involved in Rugby

2010-03-08T14:45:00.001-06:00

This St Patrick's Day weekend (13/14 March) sees Lowis & Gellen sponsoring an invitational rugby team in the annual Savannah Shamrocks RFC St Patrick's Day Tournament in Savanah, Georgia. The tournament is a prestigious one, having first been run in 1979 and, continuing to grow annually, it now attracts some of the best teams from within the USA and further afield.

The team, organised by the Chairman of Lowis & Gellen's EU Committee, Cary Depel, has played in the tournament for several years now, winning it for the last 3. Originally from Indiana, Cary has lived in the UK for many years and was a late convert to rugby. He decided a few years ago to organise an invitational side, "The Willing", to play in the Savannah tournament and various others around the world. Players who have played (and will be playing) for the Willing come from all four corners of the globe including Australia, New Zealand, South Africa, England, Wales, Ireland and France. With Cary still suiting up, you can also add the USA to that list. In addition, James Kindon, a UK qualified lawyer who is currently working in our Chicago office will also be playing.

Lowis & Gellen think this is a great weekend with a difference - an oportunity to meet people from all over the world, mingle in a relaxed environment and enjoy the weekend making new friends. Any clients or contacts of the firms who would be interested in meeting up with Cary, James and the team should contact either Gerald Haberkorn or James Kindon in our Chicago office.

This year will see an extension of Lowis & Gellen's sponsorship to allow a second "over 35" team to be entered into the veterans tournament. This will allow some of our older contacts and clients who have decided to enjoy the weekend with us to decide whether they also want to have a run around and find out (in a slightly more relaxed environment than the main tournament) what rugby players the world over would say they have been missing.

We look forward to seeing you there.

TRIAL VICTORY FOR CHICAGO INTERNIST & GROUP

2010-02-09T15:39:00.003-06:00

Mike Code and Jamie Leavitt earned a not guilty verdict in Cook County on behalf of a Chicago Internist and his Group. The decedent, a 57-year old male smoker, treated with Lowis & Gellen’s client between May of 2002 and September of 2002 during which time he had intermittent episodes of hematuria (blood in urine). He was diagnosed with a urinary tract infection (UTI) and treated with antibiotics. After being treated for the UTI, the patient was seen and complained of “dark urine” which was thought to be due to dehydration. In February of 2003, the patient was seen at the same office by another internist, and gave a history of hematuria every few days for the previous year. The patient was sent to a urologist for a urology work-up. After obtaining a CT scan in April of 2003, the patient was found to have what was likely a cancerous tumor in the kidney and another possible tumor or blood clot in the bladder. The urologist discussed the two lesions and the possibility both could be malignant. The patient agreed to undergo a right nephrectomy but wanted to delay a cystoscopy, which is used to diagnose bladder cancer. The patient eventually underwent the cystoscopy in later November of 2003 when he was unable to urinate and had a Foley catheter inserted in an ER. The cystoscopy revealed a malignant tumor which had spread into the bladder wall, the fat and seminal vesicles, and multiple lymph nodes. The patient underwent radiation but would not submit to chemotherapy. The patient died on August 12, 2004 from complications of bladder cancer. Injuries included pain, suffering, and death. The plaintiff contended that Lowis & Gellen’s client should have made a referral to a urologist and should have investigated the dark urine. The plaintiff further contended the urologist should have done an immediate cystoscopy and urine cytology.

Mike and Jamie successfully argued the standard of care did not require Lowis & Gellen’s client to send the patient to a urologist at any time as the patient’s symptoms appeared to have resolved with antibiotic treatment. Mike and Jamie further argued Lowis & Gellen’s client’s treatment was reasonable and the patient did not exhibit signs and symptoms of bladder cancer. The Plaintiff asked for an award of $4.9 million. After a three week trial, the Jury found in favor of the defense.

2010-02-01T12:48:00.003-06:00

James Kindon today joins Lowis & Gellen for 3 months. James is qualified to practice law in England & Wales and will be assisting the coporate team at the firm. James qualified in October 2005 and started his training contract in 2003 at Field Seymour Parkes in Reading, England. From there he moved to London and has practiced at Salans, an international law firm with a strong presence in Russia, the CIS and Eastern Europe and was latterly with Addleshaw Goddard, a top 15 firm in the UK. He qualified as a corporate lawyer and his main areas of specialism are mergers & acquisitions and group re-organisations. He also provides general corporate advice on an ongoing basis to companies registered in England & Wales.

James has recently worked on the acquisition of a specialist finance house in London by a Swiss company backed by finance from the Arabian Gulf and, for the same client, the acquisition of a football club in the UK and the prepartion of documents in relation to an unsuccessful bid to acquire the BMW Sauber Formula 1 racing team. Previous deals James has been involved with include acting for the drinks company Diageo in a re-organisation of it's African interests followed by assisting in the preparation of all the documentation required to implement a joint venture between Diageo, Heineken and Namibian Breweries in South Africa.

During his time at Lowis & Gellen James will be looking to assist the corporate team, in particular in relation to any issues which arise for clients in the UK.

Trial Victory for Prominent Emergency Department Director

2009-12-28T15:09:00.003-06:00

Lowis & Gellen. partners Mark Smith and Scott Wolfe recently earned a not guilty verdict in Cook County on behalf of a prominent emergency medicine physician and emergency department director. The plaintiff, a 21 year old woman with Down's Syndrome was being treated by specialists for sleep apnea which resulted in vertigo and low oxygen saturations. To cure her sleep apnea, a tonsillectomy and UPPP was done. Following surgery she was determined to be stable and was discharged home. Approximately 12 hours after discharge she became short of breath and passed out after taking medication with codeine. Paramedics transported her to the emergency department where she was seen by Lowis & Gellen's client for low oxygen saturations and abnormal vitals. She was administered IV fluids and oxygen. Her vitals normalized and oxygen saturations improved. Lowis & Gellen's client diagnosed a reaction to codeine medication when the patient was dehydrated and discharged her home. Two days later, the patient again passed out and was taken to the emergency department where she was again treated by Lowis & Gellen's client. During this work-up, a chest x-ray showed severe pneumonia. The patient was admitted to the ICU but expired the following day. No autopsy was performed but pneumonia was listed on the death certificate and testified to as the cause by her treating pulmonologist. She was survived by both parents and three siblings. Plaintiff argued based on the clinical presentation, history of recent throat surgery, history of vomiting and nausea after surgery, shortness of breath, abnormal vitals, low oxygen saturations and elevated white blood cell count, a chest x-ray was required and admission to the hospital was required. Plaintiff argued the two day delay in diagnosis allowed the pneumonia to advance from mild and treatable to severe, and caused the death. Mark and Scott successfully argued the treatment was reasonable. There were no clinical signs of pneumonia. Lung sounds were clear, she had no respiratory distress, shortness of breath, cough, fever, chills, or other signs of pneumonia. Further, her vitals and oxygen saturations immediately improved with a small amount of oxygen, which could not happen with pneumonia. A chest x-ray was not called for. The patient was stable for discharge and was already scheduled to follow with her primary care physician and ENT surgeon in a couple of days. Further, that although she died with pneumonia, she did not die of pneumonia because her oxygen saturations and vitals were stable until her sudden arrest. Based on her vitals and clinical progress, multiple other causes were likely and her good vitals ruled out pneumonia as the cause of death. After a nearly three week trial the jury found in favor of the defense in about two hours.

POLITICAL RETALIATION CLAIM DEFEATED

2009-12-03T09:55:00.002-06:00

Attorneys Martin McManaman and Patrick Moran once again won summary judgment for a defendant in a civil rights retaliation case. This time, the plaintiff, a sergeant with a local county sheriff's office, claimed that he was the victim of political retaliation in violation of the First Amendment after he refused to support the incumbent sheriff in his re-election bid. The United States District Court for the Northern District of Illinois disagreed and threw out the plaintiff’s claims, finding that most of the employment decisions at issue were the result of the plaintiff's own misconduct, and that there were legitimate reasons, unrelated to the plaintiff's politics, for the other decisions. Because all of the sheriff's alleged conduct was legitimate and warranted given the plaintiff's behavior, the court concluded that all of the sheriff's actions were in compliance with the First Amendment. The published opinion can be found at 2009 WL 3187788 (N.D.Ill. Sept. 30, 2009).

2009-11-06T09:59:00.003-06:00

Jenny Blake has been named one of the "Forty Illinois Attorneys Under Forty to Watch" for 2009 by Law Bulletin Publishing Company, publishers of Chicago Lawyer magazine and the Chicago Daily Law Bulletin. Honorees are chosen in a nomination process that evaluates candidates' career achievements, advancement in their field and community involvement. There are over 20,000 attorneys under the age of 40 in Illinois.

Jenny focuses her practice on hospital and physician medical malpractice defense. Her pro bono efforts have involved federal civil rights, divorce, custody, medical health care rights and federal criminal matters. She has served as second chair in six trials and has tried one case to a successful defense verdict as first chair. She has argued 10 dispositive pre-trial motions in Cook County Circuit Court that eliminated claims against her clients.

Apparent agency, informed consent, nursing documentation, tort reform and the Medical Studies Act are only a few of the topics on which she has given presentations to a wide range of professionals.

To view the entire Law Bulletin article click here..

Lowis & Gellen provides Presentation for Client.

2009-08-12T12:15:00.003-06:00

At the invitation of one of Lowis & Gellen’s clients, one of the world’s largest manufacturers, processors and distributors of steel products and services, attorneys Gerald Haberkorn, Robert Leavitt and Simon Hill made a presentation on the U.S. law respecting the sale of goods to an audience of over 50 of the client’s sales and trading personnel.

Topics included the history and background of the Uniform Commercial Code, the formation of contracts (e.g., offer and acceptance), the “battle of the forms”, the UCC’s gap-filler provisions, warranties, breaches of contract and the parties’ rights and remedies.

The all-day session consisted of lectures, lively discussions, and small group breakout sessions with hypothetical scenerios and real-life, client based examples.

In attendance was the client’s Head of Legal, who, afterwards commented that Jerry, Bob and Simon’s presentation was exactly what they wanted, interesting, informative and quite useful. She expects this will greatly assist them in improving their contracting process and in avoiding significant liability down the road. She intends to incorporate the presentation into their web-based educational series.

If you are interested in arranging a similar presentation for your staff please contact Gerald Haberkorn directly at 312.456.2701 or geraldh@lowis-gellen.com.

APPELLATE VICTORY: COURT UPHOLDS DISMISSAL OF WRONGFUL DEATH ACTION AGAINST DOCTOR

2009-02-18T11:52:00.001-06:00

Lowis & Gellen appellate attorney Deborah M. O’Brien successfully defended the dismissal of a medical malpractice action before the First District Appellate Court. The appellate court affirmed the dismissal of a complaint alleging that the defendant physician was negligent in diagnosing and treating a fatal heart condition, on grounds that the plaintiff failed to timely satisfy the physician affidavit and report requirements of § 2-622 of the Code. Moreover, the court held that the plaintiff was not entitled to post judgment relief from the dismissal because she failed to prove due diligence in pursuing her action.

Trial attorney Jong-Won Hyun successfully defended the action in the Circuit Court of Cook County before Judge Kathy M. Flanagan.

Appellate Victory: Court Upholds Ruling That Doctor Was Not Qualified As Expert Witness

2009-01-21T09:33:00.003-06:00

Lowis & Gellen appellate attorneys Mehreen S. Sherwani and Joan K. Kubalanza (now serving as a judge in the Circuit Court) successfully defended the dismissal of a primary care physician on appeal before the First District Court Appellate Court. In a split decision, the appellate court affirmed the Circuit Court's grant of a motion in limine brought by the co-defendant surgeon, seeking to prevent Plaintiff's expert from testifying that the surgeon violated the standard of care when he chose not to perform a biopsy on Plaintiff's swollen lymph nodes. In affirming the judgment, the appellate court held that Plaintiff's expert was properly barred from testifying that there was a causal connection between the defendants' alleged failure to timely diagnose Plaintiff's lymphoma and her subsequent development of ovarian cancer.

Trial attorneys Mark J. Smith and Scott R. Wolfe successfully defended this case in the Circuit Court of Cook County before Judge Carol Pearce McCarthy. Ms. Sherwani drafted the appellate brief and Mr. Wolfe argued the case before the appellate court. When asked by the Chicago Daily Law Bulletin about the appellate ruling, Mr. Smith stated that it "echoes existing case law." To view the entire Law Bulletin article click here.

2009-01-08T09:19:00.001-06:00

Katherine Rowe joins the firm for the month of January from Norton Rose LLP, an international law firm based in London. Katherine trained at Norton Rose and qualified into the Mergers and Acquisitions team two years ago. She regularly acts for both public and private companies (based both in the UK and in Europe) as well as a number of hedge funds on their domestic and cross border M&A transactions. Katherine also provides general corporate advice to various international companies on an ongoing basis, including amongst others, a leading top end European car manufacturer. In addition, she was recently on secondment to BBC Worldwide Limited, the commercial arm of the British Broadcasting Corporation (the principal public sector broadcaster in the UK) assisting with a Competition Commission enquiry. During her time with Lowis & Gellen, Katherine will be looking to further develop the relationship between Lowis & Gellen and Norton Rose to better serve our mutual clients.

Lowis & Gellen featured in Leading Lawyers Network Magazine

2008-12-30T16:38:00.005-06:00

Click here to view article

Judge throws out malicious prosecution claim

2008-12-12T09:21:00.000-06:00

On December 3, 2008, Lowis & Gellen won the early dismissal of a case filed against a local county prosecutor. The plaintiff had asserted a malicious prosecution claim against the prosecutor, alleging that the prosecutor acted maliciously and beyond his authority in filing trespass charges and in investigating the background of those charges. In throwing out the lawsuit, the U.S. District Court for the Northern District of Illinois made two rulings. First, the court held that under Illinois law, the prosecutor had absolute immunity from any claim concerning the initiation or prosecution of criminal charges. Second, the court ruled that Illinois law gave the prosecutor sovereign immunity from any claim concerning the pre-charges investigation of the alleged trespass because the prosecutor’s investigatory acts were neither malicious nor beyond the scope of his duties. The published opinion can be found at 2008 WL 5101613 (N.D.Ill Dec. 3, 2008).

Review of Credit Portfolios

2008-10-28T09:37:00.003-06:00

A Basic Guide for Lenders in Reviewing Credit Portfolios in a Challenging Credit Environment - Understanding your Obligors, Documents and Collateral Click here to view article

New Associates Join Lowis & Gellen in October 2008

2008-10-17T08:50:00.002-06:00

Charlotte Felber joins the firm after graduating from Chicago-Kent College of Law and clerking at L&G on commercial litigation and municipal law matters. She has extensive experience in architecture, design, site planning and zoning, having interned at a number of architectural firms, in McDonald's Corporation Restaurant Design Group and with the Cook County Department of Building and Zoning while earning her bachelor's degree at Washington University in St. Louis. She spent one term at Sussex University in Brighton, England and graduated cum laude with a B.A. in philosophy and architecture.

Jonathan Loiterman will focus his practice on healthcare issues, including medical malpractice, pharmaceutical product liability. As a law clerk with Lowis & Gellen throughout law school, he continued to lead the healthcare technology company that he founded and participated in the implementation of an innovative relational database management method for organizing medical records for one of our clients and coordinated medical records among several law firms as part of a multi-district lawsuit and trial involving a global pharmaceutical company. His company, Shoki Technologies, Inc., develops data acquisition and process-control systems for healthcare facilities, writes cross-platform software prototype for PalmOS and Windows, and manages other complex software development. He is currently pursuing a patent on one of his products. Jonathan received his J.D. with a certificate in health law, and simultaneously an M.B.A with concentration in accounting, from Loyola University Chicago.

Smeltzer Speaks at Cyberliability/Privacy Seminar

2008-09-24T09:27:00.005-06:00

On September 26, 2008, Rob Smeltzer was a featured speaker at a Cyberliability/Privacy Seminar sponsored by Hub International Midwest Insurance in Chicago. The Seminar covered such topics as: legal liability for those businesses that fail to safeguard against the loss of others intellectual property, as well as private information belonging to employees, patients and/or customers; recent technologies that may help prevent such losses; and the types of insurance policies and endorsements that cover them. Mr. Smeltzer is a partner in the firm's Commercial Litigation and Intellectual Property groups, and regularly counsels clients concerning methods of safeguarding information and trade secrets. For more information please contact rsmeltzer@lowis-gellen.com.

Partner Contributes to UK View of US Financial Markets

2008-08-18T12:10:00.003-06:00

L&G Partner Gerald Haberkorn, a regular contributor to Acquisition Finance Magazine, has been invited to participate in ACQ's upcoming exclusive US Review issue. Haberkorn will provide his perspective on the performance and growth of private equity and corporate finance sectors of the US economy. The report takes an in-depth look at the current climate in the US and what the credit crunch means to venture capitalists and advisory firms by examining some of the current major transactions. L&G will provide a link to the article when it is posted. In the interim, the latest edition of ACQ can be viewed at:
Acquisition Finance Magazine

Product Recall : Risks, Liability and Remedies

2008-08-14T09:47:00.001-06:00

At the invitation of HUB International, one of the world’s largest insurance brokerage firms and a longtime client of Lowis & Gellen, partner Gerald Haberkorn made the first in a series of presentations on product liability and recall to an audience of over 100 of HUB’s retail and manufacturing clients.

Topics included the strategic considerations in managing a product recall and to minimize damage to the company's brand, operations and finances, protecting profitability, the financial impact of product recall in different industries and the insurance solutions for product recall exposures.

Haberkorn addressed the legal perspectives of product recall, discussing the recent losses incurred by grocery chains and restaurants in this summer’s tomato scare, and the recourses available to reduce commercial vulnerability and liability in similar instances.

In November, Haberkorn, at the invitation of Good Foods and Avure Technologies, will speak on recalls and remedies at the “HPP Food Forum,” an inaugural industry event for food processing companies and major retailers.

If you are interested in providing a presentation for your staff, clients or customers, please contact Gerald Haberkorn directly at 312.456.2701 or geraldh@lowis-gellen.com

European Summer Intern at L&G

2008-07-10T14:14:00.001-06:00

Lowis & Gellen is one of the few law firms in the United States to routinely host international legal interns from European Union nations. These attorneys are preparing for multinational commerce and litigation practices by working with us for six-month or one-year terms. The experience has built strong business affiliations that benefit Lowis & Gellen clients around the world.

This summer, Cathrin Krueger, a fully qualified German attorney, has joined Lowis & Gellen's transactional practice. Cathrin has studied law in Germany and England and is planning on obtaining an LL.M. (Master of International Business Law) at King's College, London, starting this fall. While in Chicago, she will assist the transactional team under Gerald Haberkorn. Back in Europe, she will help to support and establish our work with European clients.

Product Recall Preparation and Management Seminar

2008-07-08T11:03:00.005-06:00

HUB International invites you to attend an exciting and timely seminar on product recall.

Featured Topics and Panelists

Strategic Considerations to Manage a Product Recall
Michael Keating, Director, Navigant Consulting, will address how a product recall crisis should be handled before, during, and after an event to minimize damage to the company's brand, operations and finances.

The Legal Perspective of Product Recall
Gerald Haberkorn, Partner, Lowis & Gellen LLP, will help business leaders understand the legal environment of product recall.

Protecting Your Most Valuable Asset: Profitability
Stuart Hanfling, Senior Vice President, Colemont Insurance Brokers, will explore the financial impact of product recall in different industries and discuss the insurance solutions for product recall exposures.

RSVP to Ranae Boeke at 312-279-4732

Friday, July 25, 2008
Fountain Blue
2300 Mannheim Rd. Des Plaines, Illinois

8:30 am - Registration and Continental Breakfast
9:00 am - 12:00 pm Seminar

Lowis & Gellen Client Acquires Local Printing Firm

2008-06-05T09:26:00.000-06:00

Lowis & Gellen represented the purchaser of a printing business in McHenry, Illinois. The transaction involved the sale of all business related assets and the assumption of specified liabilities, and was financed in part by bank and SBA loans, and an unsecured seller note. In connection with the sale, the sellers agreed to a three-year confidentiality and non-competition covenant.

The Lowis & Gellen team consisted of Robert Leavitt and Mehreen Sherwani, who handled for the client, as its exclusive outside counsel, all legal aspects of the transaction, including conducting the legal due diligence, and preparing and negotiating the asset purchase agreement, consulting agreement, non-competition agreement and other ancillary documents.

For additional information, please contact:
Robert Leavitt, (312) 628-7199
rleavitt@lowis-gellen.com

TITLE VII CLAIMS DEFEATED

2008-04-09T13:56:00.002-06:00

On February 29, 2008, Martin McManaman and Patrick Moran won summary judgment in a sexual harassment lawsuit for their client, a local county sheriff’s office. The plaintiff, a corrections officer at the county jail, had alleged that the sheriff’s office unreasonably failed to prevent the plaintiff’s supervisor, a lieutenant at the jail, from repeatedly sexually harassing her. The plaintiff also alleged that the lieutenant and other members of the sheriff’s office retaliated against her after she complained about the harassment. The United States District Court for the Northern District of Illinois disagreed with the plaintiff’s claims, finding that the sheriff’s office conducted a prompt investigation of her complaint and successfully deterred the allegedly harassing conduct. As for the retaliation, the court found there was no evidence to support the plaintiff’s claim that she was the victim of retaliation. The published opinion can be found at 2008 WL 624045 (N.D.Ill. Feb. 29, 2008).

For more information on this case or on Lowis & Gellen LLP's civil rights defense group, please contact either Martin McManaman at mcmanaman@lowis-gellen.com or Patrick Moran at pmoran@lowis-gellen.com.

Two Significant Honors for L&G Women Attorneys

2008-04-09T12:28:00.004-06:00

The firm of Lowis & Gellen is proud to be featured in the current issue of Leading Lawyer Magazine. Lowis & Gellen was founded as a women owned law firm and has continued a tradition of diversity, maintaining a firm with a large percentage of women, minorities and GLBT attorneys among its partners and associates.

Additionally, we are particularly proud of Jennifer Lowis and Pam Gellen, who have been named among the 2008 Top 100 Women Lawyers in Illinois. These two remarkable trial lawyers exemplify our firm's goal of excellence in providing clients with solutions, results and service through an effort characterized by professional collaboration and communication.

Liability Litigation Practice Expands

2008-03-31T15:46:00.002-06:00

Andrea H. Kott, joins Lowis & Gellen as Of Counsel on April 1. Ms Kott was formerly a named partner in an established firm and has dedicated her nearly 20 years legal career to the defense of healthcare providers and facilities in medical liability lawsuits, and the defense of pharmacies and pharmacists. She is a cum laude graduate of Washington University in St. Louis and Case Western Reserve University Law School. Ms. Kott can be contacted at akott@lowis-gellen.com
and by phone at 312.628.7864.

Former Bof A Counsel Joins Corporate and Finance Practice

2008-03-31T15:42:00.008-06:00

Lowis & Gellen is pleased to announce that Lawrence L. Hermalyn joins the firm on April 1 as Of Counsel.

Mr. Hermalyn is a senior commercial finance, banking, corporate, franchise finance, vendor finance and real estate attorney. He most recently served as Assistant General Counsel at Bank of America, N.A. He represented B of A's Commercial Bank, Business Banking and Private Bank in commercial transactions and negotiated and drafted loan and security agreements, intercreditor agreements and related documents for the General Industries, Government and Health Care Groups at the Bank. He was a principal participant in Bank of America's national "Franchise Banking Initiative in Business Banking" and counseled the Bank's Mid-Cap Specialized Industries Group. His work included advising senior management on loan structuring, workouts and bank regulatory issues. He has exceptional knowledge of anti-tying and Rules 23A and 23B, Regulations U and W, anti-money laundering, information sharing, loan securitization, Sarbanes-Oxley and banking privacy issues.

Mr. Hermalyn has previously served as Assistant General Counsel to Fleet/Boston's Global Vendor Finance Group and Franchise Finance Group and Vice President/Legal with Sanwa Business Credit Corporation Real Estate, Franchise Finance and Private Equity Groups. He was a partner in a Chicago law firm, representing clients in real estate and commercial finance transactions and a Senior Attorney with the Federal Deposit Insurance Corporation, responsible for the disposition of large, complex assets.

Please click here
to see his full biography.

Lowis & Gellen Client Leads Lending Group in Loan to Hawaiian High Tech Firm

2008-01-10T10:22:00.000-06:00

Lowis & Gellen represented the Lenders’ Agent in a participated loan made to the holding company of a Hawaii based software development firm, which has successfully funded. The newly created client raised capital for the loan by selling participating interests in the loan to a group of co-lenders. The loan itself was secured by the assets of the borrower and by a payment guaranty and pledge of membership interest from the principal owner of the borrower. Upon funding, the borrower used the proceeds of the loan to make an equity investment in its subsidiary operating company, thereby enabling local Hawaiian investors to take advantage of a special Hawaiian state tax credit.

The Lowis & Gellen team consisted of Robert Leavitt, James Froberg and Mehreen Sherwani, who handled for the client, as its exclusive outside counsel, the legal aspects of the transaction, including preparation of the private placement memorandum, the SEC Form D, the co-lender participation agreement and the loan documents.

For additional information, please contact:
Robert Leavitt, (312) 628-7199
rleavitt@lowis-gellen.com

Super Lawyers: Corporate Counsel Edition Includes L&G Partner Profile

2007-12-26T13:26:00.000-06:00

The premier publication of this popular national resource has selected Lowis & Gellen partner Gerald Haberkorn as one of their profiled "go to" lawyers for business litigation. The edition will have broad national distribution to general counsel and chief executive officers of public and private companies and key lawyer profiles will be posted at superlawyers.com.

DISMISSAL OF PHYSICIAN’S EMPLOYER AFFIRMED ON APPEAL

2007-11-26T11:08:00.000-06:00

Partner Vito Masciopinto and Deborah O’Brien (Of Counsel) successfully defended the Not Guilty verdict previously garnered by Lowis & Gellen in favor of the firm’s client, an attending physician’s employer, before the First District Appellate Court in Chicago. The plaintiff mother sought reversal of the jury’s verdict that the defendant physician and his employer were not negligent in failing to diagnose the heart condition which led to the death of her son (an admitted cocaine user), while he was under the physician’s care. In affirming the defense verdict, the Appellate Court rejected the plaintiff’s arguments that the trial court committed error when it limited recross-examination of a defense expert, and by refusing to instruct the jury on aggravation of a preexisting condition.

Donating Time to the Community

2007-11-14T15:19:00.001-06:00

Lowis & Gellen partner Gerald Haberkorn was unanimously elected to the 2007-2008 LaGrange Little League Board of Directors.

New Associate Attorneys

2007-10-31T13:16:00.000-06:00

Linda B. Conroy and Justin C. Doolittle were both law clerks with Lowis & Gellen while attending law school and have each established a considerable body of experience in their selected areas of practice.

Ms. Conroy is a graduate of The John Marshall Law School, where she was on the Dean’s List, and an honors graduate of Loyola University Chicago (BA Political Science and Communications). While at Loyola University Chicago, she was elected to the National Political Science Honor Society, the National Communication Honor Society, and the National Society of Collegiate Scholars. Her experience as a law clerk focused primarily in medical malpractice and personal injury litigation. She will concentrate her practice in civil litigation with an emphasis on medical malpractice defense.

Mr. Doolittle began law school on an academic scholarship at Willamette University College of Law in Salem, Oregon. He completed his legal studies at Loyola University Chicago School of Law. He was named to the Dean’s List and was designated a Mayer Brown Vis Moot Fellow for 2006-2007. Mr. Doolittle also competed in the Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria, in 2007. As an undergraduate, Mr. Doolittle attended The Colorado College (B.A., in Philosophy, with a minor in Physics), where he was the only student appointed to the Intellectual Engagement Committee created by the President of Colorado College to develop a strategic plan for the future development of the College. As a Lowis & Gellen law clerk, he researched and drafted procedural motions for both corporate litigation and medical malpractice issues. He will practice in commercial litigation, shareholder disputes, municipal liability defense and constitutional tort defense.

Trial Victory in Multi-Million Dollar Hospital Case

2007-10-16T10:11:00.000-06:00

Lowis & Gellen Attorneys Robert H. Smith, Vito M. Masciopinto, Scott R. Wolfe and Julia Molina obtained a Not Guilty verdict for a Chicago hospital and its emergency department physicians. The Plaintiff’s attorney asked for $15,000,000 from the jury. Plaintiff, a 6-year-old boy, was taken to the hospital’s ER due to back pain where he was examined. The ER felt he was stable and discharged him without doing an MRI. Approximately one week later he lost function in his legs and was taken to another hospital where an MRI diagnosed a spine tumor. Emergent neurosurgery was done but the boy was rendered a paraplegic with no movement or sensation below the umbilicus. The boy, now 18 years old, is confined to a wheelchair, is permanently incontinent of bladder and bowel, is impotent and suffers from skin breakdowns from his wheelchair. Lowis & Gellen argued plaintiff's visit to the hospital was very early in the disease process and the tumor could not be diagnosed at that time. After a three-week trial the Cook County, Illinois jury returned a verdict in favor of Lowis & Gellen’s clients, the hospital and ER physicians.

Lowis & Gellen Real Estate Practice Group partner to speak at Zoning and Land Development seminar

2007-10-09T09:35:00.000-06:00

Firm partner, David L. Grobart, will be a featured presenter at an upcoming continuing education seminar on the various aspects and complexities of land use law.

“Zoning, Subdivision and Land Development Law in Illinois,” sponsored by Lorman Education Services, will be held on Thursday, December 6, 2007 at the Holiday Inn – Elk Grove, 1000 Busse Road, Elk Grove Village, IL.

Seminar highlights will include:

Government authority in the development process

Common permitting issues

Overview of zoning measures

Zoning mechanisms

This program is designed for attorneys, business owners, lenders, surveyors, project managers, real estate agents and brokers, surveyors, land use officials and other professionals involved in the commercial real estate development process.

The Lowis & Gellen Real Estate Practice Group represents clients in all aspects of complex commercial real estate transactions. If you would like more information, please contact David Grobart at dgrobart@lowis-gellen.com or by phone at (847) 282-1201.

Lowis & Gellen Real Estate Practice Group partner to speak at ICSC law conference

2007-10-09T09:34:00.000-06:00

Firm Partner, David Grobart, will lead a roundtable discussion during the International Council of Shopping Centers Law Conference, October 24-27 in San Diego, CA. David will be discussing the many complexities involved in negotiating ground leases. The Lowis & Gellen Real Estate Practice Group represents clients in all aspects of complex commercial real estate transactions. If you would like more information on this upcoming event or regarding the firm’s Real Estate Practice Group, please contact David Grobart at dgrobart@lowis-gellen.com or by phone at (847) 282-1201.

Lowis & Gellen Concludes Family Busness Transfer Agreement

2007-10-08T14:01:00.001-06:00

L&G concluded a restructure of family interests in two real estate land trusts as well ownership interests in a family owned Hispanic grocery. The family members wished to realign their ownership interests based on their changing business focus. One member of the family transferred his minority interests in two land trusts to another family member to enable that other family member to focus on the ownership and operation of the businesses at those two locations. The transaction also enabled one family member to take complete ownership of ethnic neighborhood grocery so that member could devote exclusive attention to the growth and success of that business."

DISMISSAL OF HOSPITAL AFFIRMED ON APPEAL

2007-10-03T10:35:00.002-06:00

Partner Brian Levin, Associate Brad Wolven, and Deborah O’Brien (of counsel) successfully defended the dismissal of Rush Oak Park Hospital on appeal before the First District Appellate Court in Chicago. The appellate court affirmed the trial court’s dismissal of Rush on grounds that the plaintiff failed to exercise reasonable diligence in serving Rush with plaintiff’s summons and complaint alleging negligent performance of a vertebroplasty procedure performed at the hospital.

FORUM NON CONVENIENS TRANSFER FROM COOK TO KANE AFFIRMED ON APPEAL

2007-10-03T10:35:00.001-06:00

Partner Vito Masciopinto and Deborah O’Brien (of counsel) successfully defended the forum non conveniens transfer of plaintiff’s medical negligence complaint against Sherman Hospital on appeal before the First District Appellate Court in Chicago. The appellate court affirmed the trial court’s transfer of the action from Cook to Kane County, finding that both public and private interest factors strongly favored transfer to Kane County. In affirming the transfer, the appellate court recognized that most of the parties, including the plaintiff, are located in Kane County, and that the alleged negligent acts occurred in Kane County.

Cary Depel Named Of Counsel in L&G’s London Office

2007-10-03T09:43:00.000-06:00

In recognition of his long professional and personal relationship with Lowis & Gellen, and in the firm’s continuing commitment to provide top tier counsel to our US and international clients, Cary Depel has been named Of Counsel to the firm, resident in the London office. He will continue to serve as IRM Chairman and Non-Executive Director of Compliance, Legal and Risk Management at ECU Group plc, a London-based alternative investment manager and hedge fund. Cary is a solicitor licensed to practice in England and Wales, and also admitted to practice in California.

Cary was the Compliance, Risk & Legal Director for City Index Ltd (formerly IFX Markets Ltd). He holds non-executive directorships in mining, financial services and strategy consultancy businesses. He has served as a Director of a major UK stockbroker, Chief Legal Officer for the largest UK insurer, and Special Counsel to Lloyd's, as well as maintaining a private legal practice in London and San Francisco.

For additional information on Cary’s credentials and details on his practice, please see his biography at click here. He invites your inquiries at cdepel@lowis-gellen.com.

$5 Million Copyright Battle Yields Rare Verdict for Doctor

2007-10-01T13:57:00.000-06:00

Rob Smeltzer, a partner in Lowis & Gellen's Chicago office, and Deb O'Brien of the firm's Orlando office, along with the support of associate Ethan Hayward, recently obtained a not guilty verdict defending a surgeon in a highly publicized copyright claim in the U.S. District Court for the Middle District of Florida. The hotly contested case involved a multiple-count complaint concerning the ownership of an internet domain name and of web site content written by our client during his employment in a medical facility.

After leaving the medical facility to start his own business, the surgeon transferred the domain name and modified the content of the website to promote his new practice. Mr. Smeltzer and Ms. O’Brien contended that the surgeon had not created the website content "in the scope of his employment" with the medical facility and that, as the original registrant of the domain name, the surgeon owned it.

Mr. Smeltzer and Ms. O'Brien successfully dismissed two of the ten counts in the complaint before the trial, and another two after the jury verdict. And although the jury originally found that the medical facility (and not the surgeon) had owned and paid for the domain name and copyrighted web site content, the jury ultimately found for the surgeon on the basis that Plaintiff's copyright registration in the web site was invalid because it had been obtained fraudulently from the Copyright Office. Obtaining a verdict on this basis is extremely rare and resulted in a winning verdict for our client on the key copyright count at issue.

Although the jury did find in Plaintiff's favor on several other counts of the complaint, Mr. Smeltzer and Ms. O'Brien were able to manage the surgeon's risk by attacking Plaintiff's damages claims and the importance of the website in driving patients to the client's cosmetic surgery practice.

In the end, the jury awarded Plaintiff only $90,000 of the more than $5 million dollars sought. Significantly, however, due to the prevailing party attorneys' fees provisions of the Copyright Act, as well as our lawyers’ pre-trial use of the federal offer of judgment statute (Federal Rule of Civil Procedure 68), we are now pursuing a net recovery in the surgeon's favor. Moreover, the extremely favorable result was obtained at a cost that was less than one-third of Plaintiff's costs. For further information about the case, or Lowis & Gellen's national intellectual property practice, please contact Rob Smeltzer (rsmeltzer@lowis-gellen.com)

Peer Recognition

2007-09-25T15:49:00.001-06:00

Jennifer Lowis, Pam Gellen, Robert Smith and Gerald Haberkorn were recommended by their peers to be among the Top Civil Defense Lawyers in Illinois, according to a Leading Lawyers Network listing in the October 2007 issue of Chicago Lawyer. Haberkorn was honored in the area of Professional Malpractice Defense. Lowis, Gellen and Smith were each recognized for their expertise in Medical Malpractice Defense representations.

Directorships

2007-09-25T15:48:00.001-06:00

L&G partner Gerald Haberkorn has been appointed to serve on the Boards of Directors of four U.S. subsidiaries of Ontario-based Energy Savings Income Fund, an open-ended, limited-purpose trust to hold securities and to distribute the income of its wholly owned subsidiaries and affiliates. Through its subsidiaries and affiliates, Energy Savings markets natural gas to residential customers and small to mid-sized commercial businesses in Ontario, Manitoba, Alberta, Illinois and New York, as well as solely to commercial customers in Quebec and British Columbia. Energy Savings also markets electricity to residential and small to mid-sized commercial customers in Ontario, Alberta, New York and Texas.

Successful Defense of Hospital and Emergency Physicians

2007-09-05T12:21:00.000-06:00

Lowis & Gellen partner Brian Levin successfully defended Sherman Hospital and its emergency department physicians in a recent trial. The case was brought on behalf of a 58-year old woman with multiple co-morbid conditions. Plaintiff’s counsel claimed the emergency room physicians, on two separate visits, failed to diagnose Coumadin toxicity (a condition that hampers the blood's ability to clot when a bleed occurs) and failed to reverse the potentially fatal condition in a timely manner. When an acute, but not active, brain hemorrhage was detected, Vitamin K (which reverses Coumadin toxicity) was given and the patient was transferred to the care of a neurosurgeon at another hospital. The bleed healed without surgery, and the patient was placed back on Coumadin. She experienced a series of subsequent bleeds, and died more than five months later, due to an infection contracted from a central IV line. Plaintiff’s counsel asked the jury for $4.9 million in closing arguments. The jury returned a defense verdict for the hospital in under three hours.

Gerald Haberkorn appointed to the Chicagoland Chamber of Commerce Board of Directors

2007-08-14T09:36:00.000-06:00

Partner Gerald Haberkorn has been appointed to the Chicagoland Chamber of Commerce Board of Directors and will serve on the Chamber’s Middle Market Forum Advisory Subcommittee. The Chicagoland Chamber of Commerce, founded in 1904, has 2,600 members and is one of the largest not-for-profit business assistance and economic development organizations in the U.S. It is primarily a business resource center, dedicated to helping area businesses grow and promoting the economic development of the region. Visit their web site for more information at http://www.chicagolandchamber.org/

Lowis & Gellen Client Sells Business

2007-07-31T08:54:00.000-06:00

Lowis & Gellen represented the sellers (“Sellers”) in the sale of their highly successful, Indiana based, medical device manufacturing business to a privately held company headquarted in California. This stock sale featured a substantial cash payment at closing, together with an escrowed holdback amount, an earn-out arrangement and a 338 election.

Click here to learn more about the business and its new owner.

The Lowis & Gellen team consisted of Gerald Haberkorn, Robert Leavitt, and Mehreen Sherwani, who assisted in the Sellers’ due diligence compliance and exclusively handled for the Sellers all legal aspects of the transaction including the structuring, drafting and negotiating of the sale, employment and non-competition documentation.

For more information, please contact:
Gerald Haberkorn, (312) 456-2701
geraldh@lowis-gellen.com

Dismissal of Doctors in Surgical Burn Lawsuit

2007-05-14T08:21:00.002-06:00

Lowis & Gellen, LLP has obtained a dismissal of its clients from a lawsuit concerning burns sustained during a surgery. In the case, a 50-year-old woman was having a non-cancerous cyst removed from her pelvis. The surgery utilized an electric knife that simultaneously cuts tissues and cauterizes bleeding vessels. The knife requires a grounding pad to prevent electrical burns to the patient. Following the surgery the patient was found to have third degree electrical burns over her abdomen requiring skin grafts likely due to the grounding pad being improperly placed. Attorney Scott R. Wolfe represented the physicians in the surgery. Through careful preparation and deposition testimony, the plaintiff was convinced by Scott that the physicians had nothing to with placing the grounding pad and the physicians were dismissed shortly following their depositions with no settlement or other payment on their behalf. The case remains pending against the hospital and the manufacturer of the equipment, who are not represented by Lowis & Gellen. For more information on the case or for general information regarding Lowis & Gellen’s professional malpractice group or general liability practice please contact Scott R. Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.

American Physicians Assurance Names Lowis & Gellen Partner “Illinois Attorney of the Year”

2007-05-14T08:21:00.001-06:00

EAST LANSING, MI . . . Mark J. Smith, a partner with the Chicago law firm of Lowis & Gellen, received the “2006 Illinois Attorney of the Year Award” from American Physicians Assurance Corporation.

American Physicians is a leading provider of medical professional liability insurance in the Midwest and New Mexico. According to Cathy Shutack, Vice President of Claims, “These attorneys are some of the most elite in the country.”

Mr. Smith is among the “best of the best” and was singled out for this award because of his trial skills and attention to detail. Shutack stated, “We are very lucky to have him on our team. Mr. Smith is deeply committed to his profession and attuned to the medical field, perhaps because his father is a physician. Mark’s dedication to our insureds is unwavering.”

“I was surprised and certainly honored to receive this award,” said Mr. Smith. “This is especially meaningful coming from a company like American Physicians that demands the highest level of excellence.”

Mr. Smith joined Lowis & Gellen as a Partner in September of 2001. In active practice since 1991, he represents corporations and individuals in commercial and corporate litigation in state and federal courts throughout the country. According to his colleagues:

“This significant award recognizes Mark’s status as an aggressive trial lawyer with excellent skills. He cares deeply about winning, but he cares more about securing the best possible resolution for his clients in every adversarial situation. He is a valued member of our firm, an effective advocate for his clients and a fine person.” – Pam Gellen, founding partner, Lowis & Gellen

“In selecting Mark as the first Illinois Attorney of the Year, American Physicians has officially recognized what so many of us have known over the past few years – that Mark is a dynamic, skilled trial attorney who has compiled an enviable track record for his clients. He is a master in the courtroom." – Robert Smith, founding partner, Lowis & Gellen

In medical malpractice matters, Mr. Smith regularly defends lawsuits on behalf of physicians and their practice groups in state court and before the Illinois Department of Professional Regulation. He also represents physicians, practice groups, hospitals and third party payors in matters of general health care law and regulatory compliance.

Mr. Smith received a B.A., Political Science, in 1988 from Purdue University and a J.D. in 1991 from the Indiana University School of Law in Bloomington, Indiana. He is a member of the Illinois State Bar Association and the Illinois Association of Defense Trial Counsel.

Contact Information:

Cathy Burke, APR, Director of Marketing Communications, 517-324-6776 (Media, Physicians and Office Staff)

Ann Storberg, Vice President of Investor Relations, 517-324-6629 (Investors)

Donna Shaft (for Lowis & Gellen) 708-386-5895

Illinois Best Practices "Constitutionality of Tort Reforms Not Yet Tested - Stakes Are High for Illinois Physicians"

2007-05-07T09:57:00.000-06:00

Click here to view Illinois Best Practices Spring 2007 Insert featuring Jenny Blake.

Best Practices Newsletter Spring 2007

2007-05-03T11:28:00.000-06:00

Click here to view Best Practices Newsletter featuring Mark Smith.

Sixty seconds with Gerald Haberkorn

2007-05-01T11:01:00.000-06:00

View Acquisition Finance Magazine’s editorial featuring “Sixty seconds with Gerald Haberkorn,” Click here.

Preliminary Injunction

2007-04-18T14:14:00.000-06:00

Lowis & Gellen attorneys, Gerald Haberkorn, David Donnersberger, Daniel Marko and Mehreen Sherwani were successful in obtaining a preliminary injunction against a former officer and manager of a short line railroad operator. The former member recently left the railroad and shortly thereafter attempted to usurp a business opportunity that had previously been presented to the railroad. As an officer of railroad, the former member was responsible for exploring the viability of the railroad’s potential acquisitions and various business opportunities, and in that capacity the former member had a fiduciary duty to the railroad. The former member learned of this potential opportunity despite the fact that the opportunity was not publicly advertised, and not generally known within the industry. The former member formed his own company in January 2007, and began to actively pursue this business opportunity. On April 13, 2007, after a two-day hearing, the former Member was found to have breached his fiduciary duty, and he was enjoined from making any further attempt to take advantage of this business opportunity. For additional information regarding this case, please contact Gerald Haberkorn at (312)456-2701 or geraldh@lowis-gellen.com.

2007-04-09T11:15:00.000-06:00

Lowis & Gellen Partner Featured in European Review

At the beginning of each year, Acquisition Finance Magazine conducts a review of the just ended year in European mergers and acquisitions activities. This year the magazine’s review featured a discussion with Lowis & Gellen’s partner, Gerald Haberkorn. Mr. Haberkorn explained his view of why last year was a banner year for mergers and acquisitions in Europe, and whether the trend will continue into this year. To see the full text of Acquisition Finance Magazine’s article, click here.
Lowis & Gellen’s Corporate Practice Group represents public and private companies in connection with a wide variety of transactions, including mergers, stock purchases and asset acquisitions, divestitures, leveraged buyouts, restructurings and other transactions involving changes in corporate control. For more information on Lowis & Gellen’s Corporate Practice Group, please contact Gerald Haberkorn at geraldh@lowis-gellen.com or (312) 456-2701.

Lowis & Gellen, LLP Successfully Defends A Troublesome Stillbirth Case

2007-03-29T09:54:00.000-06:00

Lowis & Gellen, LLP partners Pamela L. Gellen and Scott R. Wolfe recently represented a Chicago area community hospital whose staff was accused of the mismanagement of a labor, which resulted in a stillbirth of a full-term baby girl. The hospital was not only accused of the direct negligence of its employed nurses but also that the physician who managed the labor and delivery was an apparent agent of the hospital. Pam and Scott chose to first address the allegations against the nursing staff. After completing sufficient discovery, Pam and Scott moved to dismiss the nursing allegations on the merits arguing the plaintiff did not obtain credible testimony that the nurses mismanaged the labor. The Court agreed and dismissed the nurses and nursing allegations. Then, by thorough preparation and aggressive depositions of the plaintiffs and the physician, Pam and Scott established that no reasonable juror could rule in favor of the plaintiff on the apparent agency allegations. The Court found the hospital could not have been the apparent principal of the physician and dismissed the entire case against the hospital. The case recently went to trial against the physician who managed the labor and was settled during trial for $2,000,000. The hospital represented by Lowis & Gellen contributed nothing to the settlement. For further information on the case or for general information regarding Lowis & Gellen’s professional malpractice group please contact Scott R. Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.

Causation Defense Leads To Favorable Settlement in Stillbirth Case

2007-03-29T09:47:00.000-06:00

Lowis & Gellen, LLP partners, Robert H. Smith and Scott R. Wolfe recently represented a Chicago area hospital for alleged inappropriate labor management by its nursing staff in connection with a stillborn full-term male. Although the loss was tragic and the nursing care rendered could not be defended, Bob and Scott aggressively pursued a causation defense based on a lack of amniotic fluid causing chronic asphyxia to the fetus chronically damaging the baby prior to the mother presenting to the hospital. The aggressive defense by Bob and Scott caused the plaintiff’s attorney to accept a $200,000.00 settlement, a small fraction of what had originally been sought by the plaintiff and far less that the cost to defendants faced with similar claims in Cook County, Illinois. For more information regarding the case or for general information on medical malpractice and liability defense practice of the firm please contact Scott Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.

LOWIS & GELLEN WINS UNANIMOUS CITY COUNCIL

2007-03-28T12:38:00.001-06:00

On March 20, 2007, Lowis & Gellen attorneys David Grobart and Melissa Dakich secured City Council Approval for a commercial shopping center, in Des Plaines, Illinois. The City Council voted unanimously in favor of this Planned Unit Development, rezoning application and replat. Mr. Grobart and Ms. Dakich guided this project through its preliminary and final stages working with the Des Plaines City Staff and presenting the project to the Des Plaines Architectural Review Board and Des Plaines Plan Commission in addition to the City Council. They will also present this project to the Des Plaines Zoning Board of Appeals to secure a Localized Sign Ordinance covering all of the required signage within the shopping center. For more information regarding this matter or the Real Estate Practice Group at Lowis & Gellen, please contact David Grobart at (847) 282-1201 or via email at dgrobart@lowis-gellen.com.

LOWIS & GELLEN ATTORNEY SPEAKS TO AP ASSURANCE BOARD OF DIRECTORS ON ILLINOIS TORT REFORM

2007-03-28T12:34:00.000-06:00

On January 17, 2007, Lowis & Gellen partner Jenny O. Blake presented a speech on Illinois Tort Reform to a group of American Physicians Assurance Corporation's sales agents at the Wyndham Hotel in Chicago. The information was so well received that President and CEO R. Kevin Clinton invited her to make the presentation again in Boca Raton, Florida at a meeting of their Board of Directors. This board meeting took place on March 9, 2007, and will be synopsized in a press release entitled Constitutionality of tort reforms not yet tested; stakes are high for Illinois physicians, in the near future.

Ms. Blake clarified the provisions of tort reform for her audiences. She opined as to the likelihood of its being upheld as well as to the short and long-term implications of its potential success or failure.

Successful Defense of Shoulder Dystocia/Erb’s Palsy Birth Injury

2007-03-28T12:28:00.000-06:00

Lowis & Gellen, LLP partners Pamela L. Gellen and Scott R. Wolfe recently represented a Chicago area hospital and its nurses who were alleged to have mismanaged a labor and delivery when a baby became stuck in the birth canal, a shoulder dystocia. The result of the birth was a full term baby girl with a nerve injury to her arm and hand resulting in a severe, permanent disability, an Erb’s palsy. Extensive and thorough pre-trial preparation by the firm on behalf of the hospital and its nursing staff, and strong expert witnesses retained by the firm enabled Pam and Scott to establish that the hospital and its staff were not responsible for the girl’s injuries and condition. After years of work up by a well respected and nationally recognized plaintiff’s firm, the plaintiff and her counsel elected to dismiss the case before trial. For more information regarding the case or for more general information on the medical malpractice and liability practice of the firm, please contact Scott R. Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.

LOWIS & GELLEN WINS VICTORY FOR CLIENTS IN CIVIL RIGHTS LAWSUIT

2007-03-02T14:32:00.000-06:00

On February 6, 2007, Lowis & Gellen attorneys Martin McManaman and Patrick Moran won a victory in federal court for four clients who had been accused of violating the plaintiff's civil rights. The plaintiff, a former inmate at a local county jail, sued the county sheriff, the county jail's warden and two jail guards, alleging that each violated the plaintiff's Eighth Amendment right to be free from cruel and unusual punishment by allowing another prisoner at the jail to attack and severely injure the plaintiff. After conducting limited discovery, McManaman and Moran filed a motion for summary judgment, arguing that the plaintiff had no evidence to prove that any defendant violated his civil rights. In his published opinion, Judge Samuel Der-Yeghiayan of the United States District Court for the Northern District of Illinois agreed, holding that "no reasonable juror could find" that the defendants acted with deliberate indifference for the plaintiff's safety. By prevailing on their motion for summary judgment, McManaman and Moran prevented the case from going to trial. Judge Der-Yeghiayan's published opinion can be found at 2007 WL 433537 (N.D.Ill. Feb. 6, 2007).

For further information in this case or on Lowis & Gellen's civil rights defense group, please contact either Martin McManaman at mcmanaman@lowis-gellen.com or Patrick Moran at pmoran@lowis-gellen.com.

Lowis & Gellen Attorneys Defeat $15 Million RICO Claim Against UK Trading Firm

2007-02-22T17:00:00.000-06:00

Lowis & Gellen attorneys Gerald Haberkorn, Kevin Clancy and Joan Kubalanza recently represented IFX Markets, Ltd., a London based foreign currency trading firm, in defense of a RICO lawsuit filed by former investors in the District of Columbia. The plaintiffs alleged that a former independent contractor of IFX solicited over $5 million in investments in D.C. by fraudulent means and that they ultimately lost the entire amount. They sued IFX directly in the D.C. federal District Court alleging substantive RICO violations and RICO conspiracy, seeking treble damages under RICO of at least $15 million. IFX general counsel, Cary Depel, turned to Lowis & Gellen, which maintains an office in London, to defend the lawsuit. Lowis & Gellen filed a 45-page motion to dismiss the lawsuit for lack of personal jurisdiction against the UK company, and also for failure to state a viable cause of action under RICO. The plaintiffs filed a motion seeking leave to obtain discovery on the jurisdictional issues, which would have imposed tremendous costs on IFX and delays in the proceedings. Lowis & Gellen successfully defeated that motion, arguing that pleadings alone were sufficient to illustrate the lack of jurisdiction against IFX, a foreign entity with no offices in D.C. Ultimately, the District Court issued a 20-page opinion dismissing the case with prejudice based on the lack of personal jurisdiction, and fully adopting the arguments presented by Lowis & Gellen.

After hearing news of the victory, Mr. Depel reported the news to his management saying: “This case had potential $15m exposure. I cannot tell you how pleased I am – this case could have gone to trial and yet we were dismissed out at the pleadings stage! Lowis & Gellen has been worth every penny.” Mr. Depel said that he knew that it is a difficult task to get such a significant case dismissed outright at the pleading stage “but I had confidence in Lowis & Gellen all along.”

Lowis & Gellen Attorney is Panelist at CBA Business Acquisition Seminar

2007-02-22T16:29:00.000-06:00

Robert Leavitt, a member of Lowis & Gellen’s Corporate Practice Group, participated as a panelist in the Chicago Bar Association’s seminar, Negotiating The Asset Purchase Agreement For The Sale Of A Business. The well-attended seminar was held on February 8, 2007, at the CBA’s headquarters in Chicago, Illinois, and was broadcast live over the internet though the CBA’s website.

The seminar was about how to successfully negotiate an Asset Purchase Agreement for a client who is selling or buying a business. Mr. Leavitt and five other panelists conducted an improvised mock negotiation using a hypothetical sale of a privately held business. In the course of three hours, the seminar highlighted the key issues commonly raised during such a negotiation and practical ways to resolve them.

Lowis & Gellen’s Corporate Practice Group represents public and private companies in connection with a wide variety of transactions, including mergers, stock purchases and asset acquisitions, divestitures, leveraged buyouts, restructurings and other transactions involving changes in corporate control. For more information on Lowis & Gellen’s Corporate Practice Group, please contact Robert Leavitt at Rleavitt@Lowis-Gellen.com or (312) 628-7199.

Retired Judge Joins Lowis & Gellen

2007-02-22T15:31:00.002-06:00

Judge David R. Donnersberger (Retired) joins the firm after 20 years on the bench in Cook County. He was a civil and criminal trial attorney and Assistant State’s Attorney prior to his term in the judiciary and will counsel clients in commercial litigation and in the settlement of arbitration and mediation actions.

Three Lowis & Gellen Attorneys Named Illinois “Super Lawyers 2007”

2007-02-22T15:31:00.001-06:00

Partners Pam Gellen, Gerald Haberkorn and Joan M. Kubalanza were recently announced to be among the top 5% of Illinois attorneys and are honored with the designation of “Super Lawyers 2007.” In independent research conducted by Law & Politics, 47,000 Illinois attorneys statewide were polled for their recommendations of colleagues in the law having outstanding skill as legal counselors and advocates. Ms. Gellen has previously been named by Chicago Lawyer magazine as one of Chicago's top twenty tort defense lawyers and was first selected as an Illinois “Leading Lawyer” in 2005.Mr. Haberkorn was a finalist in Fast Company magazine’s 2005 “Fast 50,” as one of the U.S.’s “high impact legal leaders” and was also one of Illinois’ “Leading Lawyers” in 2005.Ms. Kubalanza is a former Associate Judge of the Circuit Court of Cook County, and a senior litigator and appellate attorney in the commercial litigation group at Lowis & Gellen, LLP.

Lowis & Gellen Real Estate Practice Group attorneys to speak at March seminar

2007-02-22T15:30:00.000-06:00

David L. Grobart and David C. Ansani, attorneys in Lowis & Gellen’s Real Estate Practice Group, will be presenters at an upcoming continuing education seminar on the complex and multifaceted business of real estate development.“Real Estate Development from Beginning to End,” sponsored by Lorman Education Services, will be held on Friday, March 23, 2007 at 1801 N. Naper Boulevard, Naperville, IL.Seminar highlights will include:· Deal terms in the letter of intent· Preconstruction leasing· Development and redevelopment opportunities· A financing primer· Shopping center redevelopmentThis program is designed for attorneys, business owners, lenders, surveyors, project managers, real estate agents and brokers and other professionals involved in the commercial real estate development process. The Lowis & Gellen Real Estate Practice Group represents clients in all aspects of complex commercial real estate transactions. If you would like more information, please contact David Grobart at dgrobart@lowis-gellen.com or by phone at (847) 282-1201.