GREGORY J. SCANDAGLIA

Gregory Scandaglia began his legal career as a prosecutor for the United States Department of Justice in the Antitrust Division. During his six years with the Division, he successfully prosecuted federal antitrust cases, both civil and criminal, across five states. Following his stint in government service, Mr. Scandaglia spent the next eight years in private practice at Jenner & Block LLP, where he made partner in December 1994. In January 2001, Mr. Scandaglia set out in a new direction, launching his own litigation firm.

Mr. Scandaglia has extensive litigation experience representing clients in areas such as antitrust, commercial real estate disputes, computer technology, product liability, mass tort and environmental, telecommunications, white collar defense, patent, trademark and contract law. He also is skilled in alternative dispute resolution methods, including arbitration and mediation.

REPRESENTATIVE MATTERS

Notable Trials

• Sirazi v. General Mediterranean Holdings, 12 CV 653 (N.D. Ill) - Obtained judgment of $12.9 million in compensatory damages and $5 million in punitive damages on claims for conspiracy, tortious interference with contract, and unjust enrichment relating to the transfer of a 62-acre parcel of Chicago real estate in violation of a secured collateral agreement. The case involved a London-based billionaire and his companies conspiring with Chicago businessman (and convicted felon) Tony Rezko to defraud the plaintiffs out of funds owed to them by Rezko and the assets securing those debts. The jury returned the verdict in plaintiffs' favor in only two hours following a two-week trial. Verdict selected by National Law Journal as one of the top 100 verdicts of 2015.
• Amakua Development LLC v. H. Ty Warner, et al. No. 05 C 3082 (N.D. Ill) - Secured a jury verdict of no liability for H. Ty Warner, Ty Inc., Ty Warner Hotels & Resorts LLC and JTL Capital Corporation in a lawsuit in which plaintiff Amakua sought more than $30 million in damages plus punitives in relation to the sale of the Las Ventana's Resort in Los Cabos, Mexico from JTL Capital to Ty Warner Hotels & Resorts.

Appellate Advocacy

• United States v. Warner, 792 F.3d 847, No. 14-1330 (7th Cir.) - Successfully defended on appeal criminal sentence of probation and community service in criminal tax evasion case.
• Sirazi v. General Mediterranean Holding, SA, 826 F.3d 920 (7th Cir. 2016) - Handled successful defense on appeal of $22.9 million jury verdict before the Seventh Circuit.

Complex Commercial Litigation

• Seidel v. Silvergate Bank (18 L 126, Lake County Circuit Court) - On behalf of a California-based bank, obtained dismissal of plaintiff's breach of mortgage contract action after successfully arguing that the mortgage contract at issue in the case was legally inoperative because it had been previously merged into a prior judgment. The court also agreed with SR's argument that the contract action was legally barred under the doctrine of res judicata because prior litigation had adjudicated the same set of issues. The court also sided with SR that the contract action was untimely filed in violation of Illinois' 10-year statute of limitations for written contracts. The court's decision not only confirmed Eric and Greg's legal strategy mapped out early in the case but also saved the client the time and expense of continued litigation including any discovery, further motion practice, and trial.
• Harmon et al. vs. Atlantic Richfield Co. et al. (No. 08-LL-0005) - Defended a petroleum company in a suit asserting claims for negligence, nuisance, trespass, intentional and negligent infliction of emotional distress and punitive damages arising out of alleged oil contamination in a rural town.
• John A. Greager M.D. v. NIEW Legal Partners, Inc. et al. (No. 2009 L 0500) - Prevailed over a claim brought by a policyholder against an insurance company, asserting, amongst other things, vicarious liability for fiduciary breaches alleged against a lawyer that recommended and sold our client's insurance products.
• Represented a real estate investment firm in a $54 million commercial foreclosure lawsuit against a defaulted borrower.
• Represented a real estate investment firm in ADA Title III litigation against a New York City luxury hotel.
• Obtained a $37 million insurance settlement on behalf of a corporate owner of a crashed business jet.
• Represented a major pharmaceutical manufacturer in a breach of contract and intentional misconduct action against a supplier of chemical reagent.
• Represented a national retailer in regulatory proceedings relating to its implementation of uniform pricing policies.
• Defended a major insurance carrier in a $10 million excess coverage claim.
• Defended a major toy manufacturer in employment, breach of contract and software trade secret litigation.
• Defended a major telecommunications firm in a national class action alleging deceptive trade practices.
• Represented a major securities firm in a multimillion-dollar breach of contract and professional malpractice action.
• Defended a manufacturer of industrial equipment in a patent infringement action.
• Secured insurance coverage on behalf of a property owner for substantial water damage to client's multi-million dollar property. Coverage was initially questioned by the insurance company asserting exclusion, but the insurer ultimately decided to cover the claim after thorough investigation without the necessity of filing a lawsuit.

White Collar Criminal Defense

• United States v. Warner, No. 13 CR 00731 (N.D. Ill) - Secured sentence of probation and community service on behalf of client with an undeclared Swiss bank account containing more than $100 million. The defense was driven by negotiating a voluntary guilty plea to a single year of tax fraud despite the account being untaxed for more than a decade. At hearing, the government sought prison time in excess of one year, but the trial court awarded probation and community service. The sentence was affirmed on appeal despite the government's aggressive effort to impose prison time.
• Defended high-level executives in federal grand jury investigations into price-fixing, territorial allocation and output restriction in various manufacturing industries.
• Defended individual in federal grand jury investigation of alleged bankruptcy and false statements.
• Defended individual in federal grand jury investigation of alleged commodity chemical price fixing.

Antitrust Litigation - Sherman Act Cases

• Represented a corporate officer before the European Commission in Brussels in an international antitrust investigation.
• Defended a major toy manufacturer in multimillion-dollar antitrust action alleging price-fixing, dealer termination and unlawful refusal to deal.
• Prosecuted a price-fixing conspiracy in the retail gasoline industry.
• Prosecuted bid-rigging conspiracies in the manufacturing supplies and heavy machinery industry.

Antitrust Litigation - Clayton Act Investigations

• Conducted federal investigations into corporate mergers in the chemical, concrete, metal fabricating and building materials industries.

Antitrust Counseling

• Advised major corporations on the legality of various vertical and integrated business relationships.
• Served as consortium counsel to technology joint venture organization.
• Served as consortium counsel to electrical equipment manufacturing association.
• Served as consortium counsel to American Bimetallic Association.

Arbitration, Mediation, Alternative Dispute Resolution

• Represented an aircraft services corporation in product liability arbitration involving a non-fatal air crash.
• Conducted an arbitration of a multimillion-dollar website development dispute on behalf of an e-commerce company.
• Represented a waste disposal firm in a breach of contract action relating to construction of multimillion-dollar landfill.
• Conducted mediation for a securities firm in a breach of contract and professional malpractice action.
• Conducted a mediation for an executive accused of fiduciary breaches and unfair competition.
• Conducted arbitration for minority investors in major Chicago real estate development project.

Selected Publications and Speaking Engagements

• "Temporary Restraining Orders and Preliminary Injunctions," Chapter 9, Illinois Institute for Continuing Legal Education, Business & Commercial Litigation 2012 edition, Co-author.
• "Expert Testimony... A Cautionary Tale," The Circuit Rider, The Journal of The Seventh Circuit Bar Association (November 2010), Co-author.
• "Public Accommodations and the Americans with Disabilities Act" (June 2008), Co-author.
• "The Commercial Foreclosure Process in Illinois," DePaul Business & Commercial Law Journal (Winter 2004), Co-author.
• "Express Preemption and Pre-Market Approval Under The Medical Device Amendments," Food and Drug Law Journal (Vol. 59, Number 2, 2004), Co-author.
• National Institute for Trial Advocacy Midwest Regional Program, Instructor (March 2003)
• National Institute for Trial Advocacy Deposition Program, Jenner & Block Instructor (April 2000)
• John Marshall Law School, Lecturer, "Working With Experts" (April 2000)
• "The Attorney and the Testifying Expert," CBA Record (Jan. 1996), Co-author.

Admissions, Affiliations and Honors

• Trial Bar: Northern District of Illinois
• Federal Bars: Seventh Circuit, Northern District of Illinois, Central District of Illinois and Eastern District of Michigan
• State Bar: Illinois
• The Seventh Circuit Bar Association, Member
• Executive Club of Chicago, Member (2009-2010)
• Chicago Bar Association, former Member of the Hearing Division, Judicial Evaluation Committee
• Kelly Hall YMCA, Board of Directors ( August 2013 - present)
• Featured in the Q&A section of the Chicago Lawyer magazine, July 2009
• Selected as "Super Lawyer" and "Leading Lawyer" in the area of business litigation
• AV^® Preeminent™ 5.0 out of 5 peer review rating in Martindale-Hubbell Legal Directory

Education

• Washington College of Law, The American University, Washington, D.C.
  
  • Juris Doctor, May 1986
  • Deans’ Fellow, 1983-1986
• State University of New York at Stony Brook, Stony Brook, New York
  
  • Bachelor of Arts, 1983
  • Certificate of Excellence, 1982-1983
  • Dean's List, 1982, 1983
  • Martin Buskin Journalism Scholarship, 1983