Alan B. Roth

Partner
Chicago,  IL  U.S.A.
Phone312.201.2633

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Business Law
  • Business Counseling
  • Small Business Investment Companies
  • Mergers & Acquisitions
  • Private Equity
 
University Duke University, B.A.
 
Law SchoolWashington University, J.D.; New York University, LL.M., Tax
 
Admitted1984, Missouri and Illinois; U.S. District Court, Northern District of Illinois; U.S. Tax Court
 
BornBrooklyn, New York, September 28, 1957
 
Biography

Craig White is a partner and Litigation Department Co-Chair at Edwards Wildman. He has significant experience in the banking, real estate, and private equity sectors and has tried to verdict dozens of cases involving complex and high-stakes issues. His breadth and depth of knowledge spans a wide range of general business litigation issues including securities fraud, breach of fiduciary duty and bad faith, as well as consumer fraud and unfair competition. With a national commercial litigation practice, Craig has tried cases in both state and federal courts throughout the country. A respected counselor to many industry leaders, Craig excels at balancing aggressive representation with meeting the business objectives of his clients. He not only brings to each case experience and business understanding but also a unique ability to break down complex issues and connect with juries and witnesses.

· Successfully defended publicly-traded bank holding company and inside directors against shareholder class action alleging securities fraud and breach of fiduciary duties arising from merger with another multi-bank holding company; preliminary injunction denied and summary judgment granted to all clients, James Badger, et al. v. Boulevard Bancorp, Inc., et al.

· Successfully represented three outside directors in statutory oppression and breach of fiduciary duty suit brought by minority shareholder in privately-held manufacturer of navigational devices against claims alleging excessive officer compensation payments in lieu of dividends and stock redemptions; summary judgment granted to clients, Henry Reget v. Astronautics, Inc., et al.

· Obtained favorable defense verdict in a 12-month trial on behalf of trustees of a spendthrift trust against beneficiary's claims of breach of fiduciary duty and waste arising from construction of a $4.5 million personal residence that was later converted to a church, Brooks McCormick, Jr. v. Brooks McCormick, et al.

· Achieved favorable jury verdict on behalf of First Midwest Bank after three-week trial on claims of bad faith violations of Illinois Fiduciary Obligations Act arising from an embezzlement scheme of $5.2 million by customer/title insurance agent who deposited funds in account for real estate escrow closings, Lawyers Title Ins. Corp. v. First Midwest Bank, et al.

· Won verdict on behalf of directors in public company, since taken private, in shareholder derivative suit in Utah claiming waste and mismanagement for failure to maximize value from company's real estate holdings through development, Jones v. Utah Resources International, Inc., et al.

· Settled case for defendant, The Northern Trust Company, after opening statements in trial; the $17.5 million suit alleged forgery by a bank officer of loan documentation for a U.K. company formed by an American lawyer and the Welsh government to manufacture floppy disks which later failed and gave rise to criminal prosecution in the U.K. of the American lawyer, Frank Peters, Jr. v. The Northern Trust Company

· Obtained dismissal of federal securities fraud suit against Iowa grocery store chain which was affirmed by 7th circuit. Denise McCann V. Hy-Vee, Inc.

· Following a six-week arbitration, obtained a successful outcome plus fees and costs on behalf of defendant, a Swedish manufacturer of equipment, in a suit brought by a plant developer alleging $40 million in losses due to fraud and breach of warranties regarding the production capacity and asepticity for one-of-a-kind use of equipment, Britz, Inc. v. Alfa-Laval, Inc.

· Obtained a reversal and a judgment for the client from the Eighth Circuit Court of Appeals in a contract dispute on behalf of a shopping center owner against a former owner for interpretation of the 99-year ground lease's purchase option and pricing formula which ex-owner claimed was incorrectly drafted because of mutual mistake in early 1970's, North Grand Mall Associates, L.P. v. Grand Center, Inc.

· Successfully defeated a request for preliminary injunction to stop bid for minority stake in Archstone, a subsidiary of Lehman Brothers Holdings, Inc. Archstone v. Banc of America Strategic Ventures, et al.

· In a multi-party case, settled breach of license claims against client, a licensee of news footage of Princess Diana's funeral, and also settled client's claims for unfair competition and interference with contract against BBC in dispute over copyright rights for "news" footage by competing television networks, ABC News, Inc. v. MPI Media Group v. BBC

· Obtained favorable defense verdict in a consumer fraud trial brought by a certified class of Florida tenants against the nation's largest apartment owner to invalidate early termination fees charged when apartment leases were prematurely terminated, Yates v. Equity Residential

· Lead counsel for defense group in $63,000,000 common fund settlement with nationwide class of cell phone users over allegedly unauthorized charges resulting in 15 lawsuits pending in California, Florida, and Illinois, Paluzzi v. Cellco Partnership d/b/a Verizon Wireless, et al.

· Resolved a shareholder oppression suit after a three-week trial wherein one brother sued his two older brothers for refusing to buyout his interest after buyout of their sisters' and mother's interests in the family business. Marano v. Anthony Marano Company, et al.

· Successfully resolved consumer class action for UCC notice violations brought by defaulting borrowers on mobile home loans, Hall v. Triad Financial Co.

Honors

2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 Illinois Super Lawyers (Business Litigation) [Chicago magazine]

2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 Illinois Leading Lawyers (Commercial Litigation) [Law Bulletin Publishing Company]

Martindale-Hubbell, AV Peer Review Rated

Martindale-Hubbell, 2013 Top Rated Lawyers in Commercial Litigation

2010, 2011 Chambers USA Recognition, Litigation

Memberships

American Bar Association (Litigation and Business Law Sections)

The National Multi Housing Council

The Lawyers Club of Chicago

Real Estate Investment Association

Dartmouth Lawyers Association

The Executives' Club of Chicago

Midwest Bankers Study Council

Institute of Real Estate Management

 
ISLN901984669
 

Documents by this lawyer on Martindale.com

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March 2014 Pooling Results in Lower SBIC Debenture Rate
Alan B. Roth,Tamer Tullgren, March 24, 2014
The March 2014 pooling of Small Business Investment Company (“SBIC”) debentures was priced at 3.191%. This most recent semi-annual pricing of SBIC debentures is a reduction from the September 2013 pooling, which was priced at 3.644%.

SBA Issues Proposed Rule Permitting SBICs to Invest in Double Holding Companies
Christopher J. Douglass,Alan B. Roth,Michael R. Wilson, January 3, 2014
On December 23, 2013, the U.S. Small Business Administration (“SBA”) issued a proposed rule to revise the Small Business Investment Company (“SBIC”) regulations regarding investments in passive businesses and the use of double holding companies in structuring SBIC...

SBIC Debentures Remain an Inexpensive Source of Capital Despite Pricing Increase
Kate L. Price,Alan B. Roth, September 24, 2013
The September 2013 pooling of Small Business Investment Company (“SBIC”) debentures was priced at 3.644%. This most recent semi-annual pricing of SBIC debentures reflected an increase to the March 2013 pricing of 2.351%, but it is still well below the historical average rate for SBIC...



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Office Information

Alan B. Roth

225 West Wacker Drive, Suite 3000
ChicagoIL 60606




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