Paul J. Ferak

Experience: Financial Services Litigation: Served as lead and co-lead counsel and managed national team representing financial institution in litigation arising out of COVID. Multi-office and cross-disciplinary team handled more than 30 class actions, MDL proceedings, national litigation, and related matters.; Represented financial institution in bankruptcy matter arising out the opioid crisis and allegations of improper repurchase transactions causing alleged losses in excess of $6 billion.; Served as lead counsel in $350 million Ponzi scheme related to sale of securities and sham real estate transactions. Created new law in relation to receivership standing, civil RICO, and aiding and abetting claims.; Represented financial institution in nationwide class action relating to security procedures and mobile banking. Obtained dismissal of the putative class action based on failure to state a claim and on preemption grounds.; Represented financial institution in relation to failed real estate development and allegations of lender liability.; Represented financial institution in connection with dispute arising out of failed commercial development project and international standby letters of credit.; Represented financial institution in dispute relating to the secured loan and collateral, as well as a related cross-border dispute regarding the purchase of securities and misappropriation of funds.; Represented financial institution in dispute with a credit card processor asserting negligence claims in connection with a multi-year fraud scheme carried out by the merchant and others. Involved efforts by processor to recover chargeback losses from credit card issuer. Case dismissed.; Represented financial institution in nationwide class action relating to alleged deceptive practices relating to alleged improper account openings.; Represented financial institution in connection with the underwriting of bond issuance and allegations of securities fraud and improper disclosures.; Represented financial institution in nationwide class action relating to $200 million cryptocurrency Ponzi scheme and claims under the securities laws.; Represented financial institution in connection with earnout and post-closing dispute in relation divested business and claims by former business owner.; Represented financial institution and employee in connection with terminated credit facility and allegations of aiding and abetting in relation to ownership dispute among company insiders.; Represented company in class action lawsuit by credit card customers involving claims of invasion of privacy, consumer fraud, and unjust enrichment in relation to information-sharing practices. Became involved in the case after certification of a national class against the company. Obtained summary judgment ruling against the entire class of over 55 million consumers. Decision affirmed on appeal.; Represented financial institution in connection with $650 million Ponzi scheme relating to film and distribution business and related proceedings.; Represented credit card issuer in connection with claims for breach of contract, fraud, fraudulent inducement, and negligent misrepresentation.; Represented financial institution in connection with $396 million Ponzi scheme relating to the sale of debt portfolios and allegations of aiding and abetting and other claims.; Represented financial institution in connection with insurance fraud matter affecting multiple states and involving claims of conversion, aiding and abetting, and other claims.; Representation of financial institution in connection with mass arbitration matters and related proceedings relating to alleged improper disclosures.; Represented financial institutions in overdraft class action matters, seeking certification of both statewide and national classes.; Represented national bank in a putative class action involving claims arising under the Illinois Interest Act and for consumer fraud and breach of contract. Obtained dismissal of the case with prejudice prior to any discovery.; Represented financial institution in litigation involving claims related to the deposit and payment of fraudulently endorsed checks. Case was resolved with multi-million dollar payment to the financial institution client.; Represented financial institution as plaintiff in litigation involving breaches of a participation agreement in connection with a property development. Resolved matter through settlement prior to trial.; Representation of financial institution in payments litigation, including ACH, wire disputes, and other matters.; Represented company in connection with a putative class action relating to an alleged data breach. Class certification denied.; Represented financial institution in matters alleging fraud and other claims in relation to an alleged Ponzi scheme. Obtained dismissal of actions.; Represented financial services company in relation to a Ponzi scheme associated with the purchase and sale of USDA business and industry loans in the secondary market. Recovered more than $120 million dollars from businesses and individuals connected with the fraud.; Represented financial institution against an international manufacturer and individual and company guarantors for breach of contract. Obtained summary judgment under loan and guaranty agreements and defeated arguments based on impairment of collateral and other grounds.; Represented financial institution on claims arising under the Fair Debt Collection Practices Act. Obtained dismissal of the case prior to discovery.; Represented electronic trading company in litigation involving federal securities, breach of contract, breach of fiduciary duty, conversion, and other claims. Obtained dismissal of the case prior to discovery.;; Class Action Defense: Represented company in nationwide class action relating to allegations of deceptive and unfair pricing.; Representation of company in connection with nationwide class action relating to rewards program and allegations deceptive and unfair practices.; Represented company in class action alleging invasion of privacy and other claims arising out of a data breach.; Represented one of the nation's largest retailers in a series of putative class action lawsuits arising out of the marketing and sale of certain products. Litigation team defeated motions for class certification of both nationwide and statewide classes in multidistrict litigation proceedings. Obtained dismissal of numerous individual claims. Also obtained favorable rulings from state trial courts dismissing complaints in their entirety and had those rulings affirmed on appeal.; Represented major retailer in a putative class action alleging claims based on consumer fraud relating to the charging of restocking fees. Case was resolved prior to discovery after the filing of a motion to dismiss.; Represented major retailer in a class action lawsuit involving claims of invasion of privacy, consumer fraud, and unjust enrichment.; Represented music company and record label in putative class action lawsuit based on allegations of deceptive packaging, labeling, and advertising. Obtained dismissal of the case prior to discovery.; Represented major international auditing firm in federal securities class action litigation and other matters arising out of the bankruptcy of one of the largest retailers in the country. Obtained dismissal of the putative class action securities lawsuit on loss causation and other grounds and had dismissal order affirmed by the Sixth Circuit Court of Appeals.;; Franchise Litigation: Represented franchisor in putative class action asserting claims for fraud, declaratory relief, and violation of various franchise disclosure laws. Class claims stricken and matter compelled to individual arbitration.; Represented franchisor in connection with RICO and other claims arising out of a redevelopment and modernization plan.; Represented franchisor in matter involving allegations of improper nonrenewal and unlawful expiration of the franchise agreement. Case dismissed with prejudice prior to discovery.; Represented franchisor in matter involving allegations of negligence and other causes of action, seeking to hold franchisor responsible for failure of general contractor to complete construction of franchisee's restaurant. Joined as counsel after the close of discovery. Won summary judgment on all claims.; Represented company in dispute with major vendor and allegations of improper termination.; Represented company in dispute involving software provider and allegations involving breach of contract and other claims.; Represented franchisor in matter seeking to hold franchisee individually responsible under guaranty for various violations under franchise agreement.; Represented company in connection with dispute relating to sponsorship and sporting event.; Represented franchisor in connection with lease and other disputes with landlord due to failure of franchisee to perform under lease.; Represented company in connection with claims against manufacturer of products.; Represented franchisor in connection with claims against franchisee for violation of various non-compete and other terms under franchise agreement and in relation to sale of franchise.; Represented franchisor in matter involving claims for termination of franchise agreement and defense of claims for breach of contract, fraud, and violation of various franchise laws. Matter involved substantial issues relating to jurisdiction, arbitration, and venue.; Represented franchisor and served as lead U.S. counsel in dispute with international franchisee involving allegations of breach of contract, violation of in-term and post-termination covenants, and improper use of intellectual property and trade secrets.; Represented franchisor in matter involving claims against vendor for violation of contract and non-compete and non-solicitation terms.; Represented franchisor in matter involving claims against franchisee for damages and seeking termination of franchise agreement.; Represented franchisor in connection with strategic plan to withdraw from market.;; Acquisition Disputes and Other Business Litigation: Represented company in connection with breach of contract and other claims after divesting assets.; Represented seller in post-acquisition dispute asserting claims for breach of warranty and indemnification. Won matter at trial and recovered damages and attorneys' fees.; Represented company in connection with dispute among ownership and allegations of breach of contract, fraud, and minority shareholder oppression.; Represented leading environmental testing firm in litigation against a major oil and gas company for breach of contract claims. Case was resolved with multimillion-dollar payment to testing firm.; Represented liquidation trustee of a trust holding assets of a former oil refinery. Part of litigation team defending the liquidation trustee in CERCLA litigation filed by federal and state governments seeking recovery costs.; Represented gasoline distributor in a case involving claims under the Petroleum Marketing Sales Act and for breach of contract. Case was resolved prior to discovery.; Represented government contractor in litigation involving claims of copyright infringement, trade secrets, and deceptive trade practices. Litigation team was brought in to prepare the case for trial. Case was resolved for the client.; Represented toy manufacturer and licensee in litigation involving claims arising under the Lanham Act and for breach of contract, misappropriation of trade secrets, unjust enrichment, and injunctive relief. Obtained a preliminary injunction against the licensor enjoining efforts to terminate the parties' relationship. Case was subsequently resolved prior to trial.; Represented an insurance company in a series of earnout disputes relating to the sale of affiliates and subsidiaries. Obtained court rulings compelling arbitration and, in aid of arbitration proceedings, had those rulings affirmed by the Seventh Circuit Court of Appeals. Also obtained favorable rulings from the accounting firm arbitrator on the merits.; Represented holding company in connection with litigation arising out of the purchase and sale of stock of various affiliates and subsidiaries. Obtained a favorable arbitration ruling in excess of $20 million in a post-closing adjustment dispute related to the sale.; Represented private equity firm in a matter involving allegations of fraud, breach of fiduciary duty, and breach of contract relating to over $80 million in equity and debt financing provided to a portfolio company.; Represented real estate developer and minority shareholder in an action relating to the development, construction, and management of a $108 million Chicago hotel.; Represented real estate owner and hotel and casino operator in actions arising out of the purchase and sale of real estate in Las Vegas, Nevada, valued in excess of $60 million. Expunged various lis pendens filed against the property by different entities and obtained judgments against several defendants.