Alan Greene is an experienced litigator and business counselor, concentrating his practice in the areas of antitrust and trade regulation law, complex commercial litigation and employment.
Mr. Greene has represented clients before federal and state courts, administrative agencies and arbitration panels. The subject areas of his litigation and counseling practice cover a wide range, including antitrust, trade regulation, restrictive covenants/non-compete agreements, trade secrets, employment discrimination, contracts, business torts, business ownership disputes, environmental law, bankruptcy, unfair competition, manufacturer/distributor relationships, securities matters and constitutional law.
Mr. Greene's representative matters include:
· Defense of a hospital affiliation against Clayton Act Section 7 charges by the Federal Trade Commission in federal court injunction proceeding and administrative proceeding.
· Defense of a hospital against federal and state antitrust claims by a competitor, leading to a favorable settlement.
· Counseling on pricing and sales policies; joint purchasing arrangements; manufacturer/distributor relationships; management of distribution systems; mergers, joint ventures and other business combinations; and other antitrust/trade regulations issues.
· Advice on need for and preparation of Hart-Scott-Rodino Act filings, and negotiations with U.S. antitrust regulators to obtain government approval of mergers and acquisitions.
· Representation of defendants in multidistrict class action lawsuits involving price fixing and market allocation issues.
· Preparation of employment contracts, including post-employment covenants, for employers.
· Representation of a manufacturer in defense of multiple CERCLA Superfund lawsuits in Illinois and related environmental administrative proceedings. Private lawsuits against client were settled without payment and client was not named in federal and state administrative agency complaints.
· Defense of a corporation in trial on breach of contract claims by consultant claiming fees were owed.
· Representation of a corporation in actions in England and Australia against former employees and their relatives on embezzlement charges and related coverage dispute with the insurer, leading to substantial recoveries from former employees and insurer.
· Prosecution and defense of numerous disputes between employers and employees/independent agents involving contractual and statutory claims regarding trade secrets, non-compete, non-solicitation of customers, and non-pirating of employees provisions, including hearings on motions for temporary restraining orders and preliminary injunctions.
· Defense of a corporation in an age discrimination case brought in Wisconsin by a former employee who was let go during a reduction in force, resulting in jury verdict for client.
· Representation of municipality in defense of claims of employment discrimination, including defeat of motion to certify a class and summary judgment ruling for client on the merits.
· Defense of a university in an age discrimination case in Illinois by a professor who did not receive tenure, resulting in jury verdict for client.
· Representation of a client before an administrative agency, resulting in a decision against competitor attempting to replace client as owner/operator of a trade show.
· Defense of social welfare agency in age discrimination case brought before the Illinois Human Rights Commission by a former employee, resulting in ruling for client following an evidentiary hearing before administrative law judge.
· Defense of corporation against claims of race and age discrimination brought by discharged chief union steward in Illinois, resulting in summary judgment for client.
· Representation of former employee in Michigan against corporation claiming former employee was not entitled to post-employment payments, resulting in dismissal on the basis of lack of personal jurisdiction and favorable settlement of related lawsuit by client in Italy.
· Defense of food manufacturer in several cases brought by terminated distributors and companies turned down as prospective distributors alleging antitrust violations under Section 1 of the Sherman Act and breaches of contract, culminating in summary judgment motions granted in favor of client.
· Representation of individual in bench trial in Illinois on breach of fiduciary duty and malpractice claims against trustee/attorney.
· Prosecution of NASD arbitration claim for an individual investor against brokerage house for mishandling of the individual's account, resulting in a substantial settlement for the client.
· Defense of legal services provider in disability discrimination case brought before the Illinois Human Rights Commission by former employee, resulting in ruling on motion for client by administrative law judge.
· Defense of broker against charges brought by NASD, resulting in reduced sanctions against broker.
· Defense of bank against antitrust claims under Sections 1 and 2 of the Sherman Act brought by unsuccessful bidder on government program, resulting in ruling for client on motion to dismiss.
· Representation of medical products manufacturer in arbitration involving distribution, contract, accounting and foreign exchange issues. Unanimous decision by three arbitrators in favor of client on all issues following more than 100 days of evidentiary hearings. Ruling upheld by state trial and appellate courts on all issues.
· Representation of medical products manufacturer in multiple cases involving patent, trade secret and patent misuse claims.
· Representation of manufacturer/distributor in Federal Trade Commission antitrust investigation of joint sales program with another manufacturer resulting in a consent decree which essentially permitted continuation of past practices.
· Representation of manufacturer/seller in federal criminal investigation and class actions lawsuits alleging antitrust violations, resulting in U.S. Supreme Court ruling in Illinois Brick prohibiting claims by indirect purchasers of products.
· Representation of manufacturers and associations in multiple trials and administrative hearings in several states regarding environmental and constitutional issues arising from government regulation of products, and drafting of related alternative model legislation.
· Defense of electronics manufacturer against price fixing claims by retailer. Jury trial resulted in a hung jury, followed by favorable settlement for client.
Mr. Greene joined Hinshaw & Culbertson LLP in March 2005. Previously he was a partner for 15 years in the Chicago office of Michael Best & Friedrich (formerly Schwartz & Freeman). In addition, he spent 20 years with the law firm of Chadwell & Kayser, Ltd., first as an associate and then as a partner and officer of the firm.
Mr. Greene has been recognized by his peers as a Leading Lawyer in the category of Commercial Litigation. In addition, he holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability.
He is a member of the Chicago Bar Association (Antitrust, Professional Responsibility and Judicial Evaluation Committees), the Illinois State Bar Association and the American Bar Association. Additionally, Mr. Greene is a past member of the Valuation Credentials Board and past member of the Litigation Forensics Board of the National Association of Certified Valuation Analysts.
Publications and Presentations
Mr. Greene is a co-author of "Anticompetitive Conduct: Price Fixing and Enforcement of the Antitrust Laws in the Dairy Industry," Bloomberg Law Reports, Antitrust and Trade, Volume 4, No. 4, February 21, 2011, with John Rhee. Mr. Greene is also a co-author of "The Defense of Intellectual Property Misuse after Illinois Tool Works v. Independent Ink," an article in Defending Intellectual Property Claims - 2006, published in October 2006 by the Defense Research Institute.
He has also written for the "Ask the Attorneys" column in The Value Examiner, a professional development journal for the consulting disciplines published by the National Association of Certified Valuation Analysts. His column topics include:
· "Should You Let an Attorney Edit Your Report?" November/December 2008.
· "How to Make a Strong Impact as an Expert Witness," March/April 2008.
Mr. Greene regularly speaks on business counseling and commercial litigation topics. He has delivered many presentations on manufacturer/distributor relationships, pricing, promotions, antitrust compliance and related antitrust and trade regulation issues. A selection of Mr. Greene's presentations includes:
· "Consolidation, Collaboration and Competition - An Antitrust Perspective for Today's Healthcare Industry," Hinshaw's Annual Health Care Conference, Lisle, Illinois, November 2012.
· "Restrictive Covenant Workshop," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2012.
· "Primer on Restrictive Covenants," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, October 2011.
· "Legal Theory and Case Law," National Association of Certified Valuation Analysts' (NACVA) Forensic Workshop for Financial Professionals, Chicago, Illinois, November 2008 and Baltimore, Maryland, September 2008.
· "The Impact of e-Discovery and Computer Forensics on the Financial Expert," NACVA 15th Annual Consultants' Conference, Las Vegas, Nevada, June 2008.
· "Advanced Legal Theory, Case Law, Federal Rules: Civil Procedure / Evidence," NACVA Consultants Training Institute," Philadelphia, Pennsylvania, October 2007.
· "How Valuation Experts Sabotage Themselves in Litigation," and "The Creation and National Association of Certified Valuation Analysts' NACVA 14th Annual Consultant's Conference, "Making Monumental Strides in Valuation and Financial Forensics," Washington, D.C. June 2007.
· "Expert Testimony: Deposition & Trial," Illinois CPA Society's 2006 Family Law Conference, Chicago, Illinois, September 2006.
· Multiple presentations on damages calculations and presentations and mock trials on the examination of expert valuation and damages witnesses for the National Association of Certified Valuation Analysts.
· Multiple presentations on manufacturer/distributor relationships, pricing, promotions, antitrust compliance and related antitrust and trade regulation issues.
Community Service Activities
Mr. Greene has been active in many areas of his community. He is a lifetime board member and past chair of CJE Senior Life.
He is a past member, president and chair of the contract negotiation team of Highland Park School District 108's Board of Education. Additionally, Mr. Greene is a past officer and board member of Congregation Solel. In addition, he is a past board member of the Jewish Federation of Metropolitan Chicago, the Hillels of Illinois Governing Commission and the President's Council of Regents of Loyola University Chicago.