Estate, Trust and Fiduciary Litigation
French v. Wachovia Bank, N.A. Defended trustee bank from claims of breach of fiduciary duty by trust beneficiaries arising from an exchange of insurance policies held within the trust. Moved for and won summary judgment, dismissing the beneficiaries multi-million dollar claims in their entirety. Successfully defended the judgment on appeal.
Ulvilden v. Baylake Bank. Defended trustee bank from beneficiary’s claim for breach of fiduciary duty in the management of trust assets. Case settled on favorable terms after substantial discovery and negotiations with trustee’s errors and omissions insurance carrier.
Represented family members in enforcing decedent’s contract to make a will in their favor and recouping their attorneys’ fees.
Represented trustee against his siblings who were attempting his removal as trustee from a family trust.
Defended spouse from claims of undue influence brought by husband’s children.
Brought action on behalf of professional trustee to construe trust agreement.
Represented trustee in removal of co-trustee with a conflict of interest.
Assisted professional trustee in resignation and defended against beneficiaries’ objection to trustee’s fees and accounts.
Bank of America v. Bohringer. Retained as special counsel for foreclosing bank after defendants challenged securitization, assignment, and standing to foreclose. Obtained summary judgment on these defenses, clearing the way for judgment of foreclosure.
Bank of New York v. Harrop. Represented foreclosing bank in opposing debtor’s standing, successfully trying the case to judgment, and defending the judgment on appeal.
Hollnagel v. M&I Marshall & Ilsley Bank, et al. Defended withdrawing lender from claims by seller of commercial property for tortious interference after the buyer was unable to close the transaction. Obtained summary judgment and dismissal of the case.
Heim Manufacturing Corp. v Marshall & Ilsley Corp. Defended bank from negligence and UCC claims by third-party defrauded by its embezzling employee. Obtained a favorable settlement after substantial discovery.
Layton State Bank v. Maloney, et al. Represented dissenting shareholders in bank dissent and appraisal action pursuant to Chapter 221 of the Wisconsin statutes. After significant discovery, obtained a favorable agreement as to the fair value of the shares at issue.
Charter Bank of Eau Claire v. Johnson. Represented bank against dissenting shareholders in dissent and appraisal action pursuant to Chapter 221 of the Wisconsin statutes. Prevailed at trial, obtaining the desired valuation of the bank’s stock.
Kallin v. Marshall & Ilsley Corp., et al. Defended bank in an action alleging misrepresentation, breach of fiduciary duty, and conspiracy in connection with a commercial mortgage. Settled the case on favorable terms after significant discovery.
Palm Beach Liquidating Trust v. BMO Harris Bank N.A. Defended financial institution from fraud-related claims by bankrupt investor in one of the largest Ponzi schemes in U.S. history. Responsible for discovery management and anti-money laundering related defenses.
Unfair Competition and Trade Secrets
Share Corporation v. Momar, Inc. Defended sales company in its hiring of eight salespeople from claims by prior employer of tortious interference and trade secret misappropriation. Defeated plaintiff’s motions for expedited discovery and preliminary injunction before achieving dismissal of substantially all claims on a motion to dismiss. Remaining claim was voluntarily dismissed after defendants’ service on plaintiff of a Rule 11 motion.
Waukesha Wholesale Foods v. Fischer. Brought action to enforce a non-compete agreement against a former employee. Obtained a TRO prior to settling matter.
Delta Education v. Carolina Biological Co., et al. Represented plaintiff in pursuit of theft of trade secrets claim against a competitor and former employees. After obtaining a TRO, the matter was settled on favorable terms.
Raabe Co. v. Sterling Colors, Inc., et al. Defended former employee and his new company from claimed violations of a non-compete agreement and trade secret statutes. After substantial discovery and motion practice, the case settled at mediation on favorable terms.
Midwest Machinery, Inc. v. Meridian Machinery, Inc. Prosecuted claims of trade secret theft and obtained return of materials taken by former shareholder. Matter settled on favorable terms.
Counseled client on employees’ theft of information and establishment of competing entity.
Referred matter to, and liaisoned with, federal law enforcement resulting in former employees’ indictments, guilty pleas, and payment of seven-figure restitution judgment related to their trade secret theft.
Quincy Financial Services, Inc. v. SupplyOne, Inc. Represented plaintiff seller of packaging company in a post-closing earnout dispute with the defendant buyers. Defeated buyers attempts to compel arbitration and obtained a favorable settlement after significant discovery.
Wallace v. Heritage Christian Schools, et. al. Defended private school from claims by a former student of negligent supervision of a teacher. Obtained summary judgment and dismissal of the claims.
Gilson v. Mettler-Toledo. Assisted in defense of a medical supply manufacturer in a federal trade dress action. After defeating the motion for preliminary injunction, the case was settled on favorable terms.
Creative Concepts v. EFS Transportation. Represented plaintiff film distributor against competitor in federal action for Lanham Act trademark violations. After winning a temporary restraining order and preliminary injunction, the case was settled at mediation on favorable terms.
Aztek Communications, Inc. v. SBC Global Services, Inc. Assisted in representation of SBC in federal court action against plaintiff distributor claiming unlawful termination under the Wisconsin Fair Dealership Law. Won summary judgment dismissing the multi-million dollar WFDL claim and settled the remaining contract claim on favorable terms.
Advised Fortune 500 Company as to Wisconsin Fair Dealership Law implications of terminating Wisconsin distributorships after the client’s acquisition of new product line.
Negotiated the alteration of a Wisconsin distributorship on behalf of a Fortune 500 Company.