Daniel G. Hildebrand focuses on trial and appellate representation of financial institutions, professional services firms, public companies and governmental entities in a wide range of disputes, including securities fraud, business torts, breach of contract, First Amendment, public procurement and real estate.
Areas of Concentration
ˇ Financial institutions litigation
ˇ Securities fraud / SEC enforcement
ˇ Professional liability
ˇ Complex commercial
ˇ Government/First Amendment
Significant Representations
Securities Fraud / Professional Liability
ˇ Defended JPMorgan Chase against RICO, fraud, breach of fiduciary duty, state securities and related claims arising from services provided to private clients. Ames v. Ohle, No. 2:09-cv-7058 (E.D. La.); Penn v. JPMorgan Chase & Co., No. 05 CV 5481 (S.D.N.Y.); Morris v. Banc One Invest. Advisors, No. 236 217015 06 (Tarrant Cty, Tex.); Hudson v. Deutsche Bank, No. 05 C 6783 (N.D. Ill.); MRB Westover Trust v. Banc One Invest. Advisors, No. 141 215382 05 (Tarrant Cty, Tex.); Wilson v. Deutsche Bank, No. 05 C 3474 (N.D. Ill.); Ducote Jax Holdings L.L.C. v. Bank One Corp., 04 1943 (E.D. La.); Greer v. Banc One Invest. Advisors, No. 2004-46010 (Harris Cty, Tex.); Berce v. Banc One Invest. Advisors, No. 067 20944 05 (Tarrant Cty, Tex.) (2004 - 2009)
ˇ Defended Ernst & Young in appeal seeking to compel arbitration against the Ohio Superintendent of Insurance as Liquidator of American Chambers Life Ins. Co. Benjamin v. Ernst & Young LLP, No. 09 APE-10-949 (Ohio 10th Dist.) (2009)
ˇ Defended Ernst & Young in bankruptcy trustee's suit alleging audit negligence related to $16 million stock subscription proceeds; won summary judgment before arbitration panel. Margaret Hunn as Trustee for Purely Cotton, Inc. v. Ernst & Young LLP, No. 04 A 1921 (N.D. Ill., Bankr.); No. 51 181 Y 00704 05 (Amer. Arbitration Assoc.) (2006)
ˇ Defended Kraft Foods in securities fraud and related claims brought by bankruptcy trustee. In re Fleming Companies, Inc., Debtors, No. 03-10945 (D. Del., Bankr.); Post Confirmation Trust v. Digital Exchange Systems, No. 05-CV-165 (E.D. Tex.) (2006)
ˇ Defended Kraft Foods in SEC enforcement action; drafted Wells submission arguing that client did not aid or abet securities violations; obtained no action letter. In re The Fleming Companies, No. FW-2541 (Fort Worth, Tex.) (2004)
ˇ Defended Grant Thornton in an appeal of class certification in securities fraud class action; won important ruling requiring evidence of an efficient market prior to class certification. Gariety v. Grant Thornton LLP, No. 03-1629 (U.S. Court of Appeals, 4th Cir.) (2004)
ˇ Defended Ernst & Young LLP in an Illinois Whistleblower Act lawsuit involving alleged false financial statements filed with the Illinois Gaming Board; argued and won motion to dismiss. State of Illinois ex rel. Foley v. Argosy Gaming and Ernst & Young LLP, No. 03 CH 12253 (Cir. Ct. Cook Cty) (2004)
Complex Commercial
ˇ Representing national property management company in partnership dispute with national construction company over 50-year projects to develop and manage privatized family housing communities on United States military installations. (Santa Clara County, CA; Monterey County, CA; Fairfax County, VA; Muscogee County, GA) (2010 - 2011)
ˇ Represented major public companies in private breach of contract disputes and mediations with their global IT outsourcing services providers. (2005 - 2009)
ˇ Defended United Air Lines against contract, tortious interference and defamation claims related to the alleged wrongful termination of a corporate travel agency. Austin Travel Corp. v. United Air Lines, Inc., No. 09-CV-3771 (E.D.N.Y.) (2009)
ˇ Defended United Air Lines in false claims case alleging violations of Chicago contracting ordinances. City of Chicago Ex Rel. Brown v. Archdiocese of Chicago, et al., No. 06 L 050405 (Cir. Ct. Cook Cty) (2007 - 2009)
ˇ Represented United Air Lines in complex contract dispute; won declaratory judgment protecting client's rights under worldwide requirements contract for aircraft tires. United Air Lines, Inc. v. Michelin Aircraft Tire Co. LLC, No. 06 CH 20402 (Cir. Ct. Cook Cty) (2006)
ˇ Represented Argonaut Insurance Co. in complex contract dispute alleging breach of policy portfolio acquisition agreement; argued and won appeal before the Seventh Circuit. Argonaut Insurance Co. v. Broadspire Services, Inc., No. 05-2517 (U.S. Court of Appeals, 7th Cir.) No. 05 CV 218 (N.D. Ill.) (2007)
ˇ Defended Credit Suisse in default proceedings brought by ground lessors against Chicago office buildings owned by Credit Suisse. Allied District Properties v. 360 North Michigan Trust, No. 01 CH 15502 (Cir. Ct. Cook Cty) (2002); Madison Street Assoc. v. One North Dearborn Trust, No. 01 C 0093 (N.D. Ill.) (2001)
ˇ Defended GMAC in commercial borrowers' suits claiming that mortgage prepayment premiums were unenforceable. Medical Spec. Center v. GMAC Commercial Mortgage, No. 5:03 CV 38 (W.D.N.C.) (2003); Ocampo DeKalb LLC v. GMAC Commercial Mortgage, No. 01 C 189 (N.D. Ill.) (2002)
Government / First Amendment
ˇ Representing national property management company in FOIA negotiations with United States Department of the Army. (E.D. Va.) (2011)
ˇ Represented newspaper in petition seeking to prevent court records alleging destruction of evidence by public officials from being placed under seal. Underlying case alleges wrongful death of prisoner caused by sheriff department correctional officers. Estate of Carlock v. Williamson, Sheriff of Sangamon Cty, et al., 08-cv-03075 (C.D. Ill.) (2010)
ˇ Advised Illinois public transportation entity about adoption of policy for internet advertising and First Amendment standards related to operation of website. (2010)
ˇ Defended Metropolitan Pier & Exposition Authority in civil rights action alleging violations of First Amendment rights at Navy Pier. Marcavage v. City of Chicago, No. 06 C 3858 (N.D. Ill.) (2006 - 2009)
ˇ Defended Metropolitan Pier & Exposition Authority in a class action concerning First Amendment rights at convention center. Albrecht v. Metropolitan Pier and Exposition Authority, No. 03 C 6472 (N.D. Ill.) (2004)
ˇ Defended Metropolitan Pier & Exposition Authority's award of a $50 million maintenance services contract in FOIA and public procurement litigation. Defeated plaintiff's motion for TRO and protected the client's choice of vendor. Windy City Maintenance Inc. v. Metropolitan Pier and Exposition Authority, No. 02 CH 16758 (Cir. Ct. Cook Cty) (2003)
ˇ Represented major sports leagues in U.S. Supreme Court amicus brief supporting City of Chicago's petition for certiorari, seeking to overturn a Seventh Circuit decision striking down the city's peddler's ordinance at the United Center and US Cellular Field. Weinberg v. City of Chicago, No. 02-1701 (U.S. Sup. Ct.) (2003)
ˇ As Special Assistant Attorney General, represented the State of Illinois in suit by an Indian tribe that claimed ownership of 2.6 million acres of Illinois under 1805 treaty. Miami Tribe v. Walden, No. 00 CV 4142 (S.D. Ill.) (2001)
*Certain of the above representations were handled by Dan prior to his joining Greenberg Traurig, LLP.
Professional & Community Involvement
ˇ Member, Appellate Lawyers Association
Awards & Recognition
ˇ Selected by Super Lawyers magazine, 2009
ˇ Selected by Leading Lawyers Network, 2012
ˇ Rated, AV® Preeminent™ 5.0 out of 5
Legal Experience
ˇ Special Assistant Attorney General, State of Illinois, 2000 - 2001
Clerkship
ˇ Law Clerk, the Hon. Walter J. Cummings, U.S. Court of Appeals for the Seventh Circuit, 1992 - 1993
Articles, Publications, & Lectures
ˇ Speaker, "Defense of Public Access to Court Proceedings: Carlock v. Sherriff of Sangamon County," New York State Bar Association, Committee on Media Law, November 18, 2010
ˇ Speaker, "Troubled Outsourcing Arrangements: Strategies and Tips for Managing Difficult Issues," Sourcing Interests Group Webinar, September 15, 2009
ˇ Speaker, "Troubled Outsourcing Arrangements: Strategies and Tips for Managing Difficult Issues," CLE Client Seminar, March 19, 2009
ˇ Speaker, "Ethics and the Expert Witness: Conflicts of Interest and Other Ethical Issues in Expert Witness Retention," CLE Seminar with Navigant Consulting, June 20, 2008
ˇ Speaker, "Managing Protests at Show Facilities," International Association of Exhibition Managers Annual Meeting, December 5, 2001