Michael P. Mayer

Representative Clients and Matters:

Antitrust

• Secured dismissal of a case alleging conspiracy and monopolization claims against dental organizations involving the issuance of certifications in the dental industry. (United States Board of Oral Implantology v. American Board of Dental Specialties, et al., 390 F. Supp. 3d 892 (N.D. Ill. 2019))
• Secured summary judgment on behalf of large paper company alleged to have engaged in a conspiracy in the containerboard industry under Section 1 Sherman Act. (Kleen Prods. LLC v. Int’l Paper , 276 F.Supp.3d 811 (N.D. Ill. 2017); Kleen Products LLC v. Ga.-Pac. LLC, 910 F.3d 927 (7th Cir. 2018))
• Secured dismissal of a Section 1 antitrust claim brought against various private equity firms for allegedly entering into a conspiracy involving leveraged buyouts (LBOs). Secured dismissal for private equity firm at the outset of the case. (Dahl v. Bain Capital Partners, LLC, 1:07-cv-12388 (D. Mass.))
• Secured summary judgment on behalf of a large phone manufacturer of Section 1 Sherman Act claims with respect to technology intended to be used in the wireless communications industry. Prevailed on summary judgment, which was subsequently upheld by the Fifth Circuit Court of Appeals (Golden Bridge Technology, Inc. v. Motorola, Inc., 547 F.3d 266 (5th Cir. 2008); Golden Bridge Technology, Inc. v. Nokia, Inc., 2007 WL 2688487 (E.D. Tex. Sept. 11, 2007))
• Defended a merger case brought by the FTC, alleging violations of Section 7 of the Clayton Act and Section 5 of the FTC Act after client purchased certain assets of Pit-Des Moines, Inc. Was part of the core trial team in the first consummated merger case tried in front of the FTC in more than two decades. (In the Matter of Chicago Bridge & Iron Company et al., Docket No. 9300 (F.T.C.))
• Defended antitrust claims brought under Sections 1 and 2 of the Sherman Act and Section 3 of the Clayton Act in the vehicle auction operator industry. After dismissing various claims at the outset of the case, the matter settled on favorable terms. (Kasp, Inc. v. Adesa, Inc., 2006 WL 385310 (E.D. Ky. Feb. 17, 2006))
• Defended a federal nationwide class action and thousands of follow-on opt-out cases alleging price-fixing claims in the corrugated container industry (In re Linerboard Antitrust Litigation, MDL 1261 (E.D. Pa.))
• Defended a federal nationwide class action lawsuit and six state class action lawsuits alleging price-fixing claims in the automotive refinish paint industry (In re Automotive Refinishing Paint Antitrust Litig., MDL No. 1426 (E.D. Pa.))
• Represented a drug manufacturer in pursuit of Walker Process antitrust claims against competitor in connection with megestrol acetate drug (Morton Grove Pharmaceuticals v. Par, 04-cv-7007 (N.D. Ill.))

Complex Commercial Disputes

• Successfully represented a beef producer at trial in a defamation case against ABC News seeking over US$6 billion in damages. Secured a confidential settlement after four weeks of trial testimony
• Successfully defended fraud claims brought against board members of LR Nelson Inc. (Rubbermaid Incorporated v. Robert Bosch Tool Corporation et al., Case No. 09-1395 (C.D. Ill.))
• Prosecuted breach of contract claims against satellite phone manufacturer (Motorola, Inc. v. Iridium Satellite LLC et al., 2010 CH 05684 (Cook County Circuit Court))
• Successfully prosecuted claims against general contractor and others across multiple jurisdictions and courts arising from construction defects in connection with the opening of a new restaurant (Del Frisco’s of Philadelphia, Inc. v. Lorient L.L.C., 09-1053 (D. Kan.)
• Defended a contract claim brought by Ford’s diesel engine supplier (International Truck & Engine Co. v. Ford Motor Company, Case No. 2008 L 002148 (Cook County Circuit Court))
• Defended federal and state securities actions brought by shareholder, resulting in take nothing verdict (Anderson v. Aon Corp., 2012 WL 1034539 (7th Cir. March 29, 2012); Anderson v. Aon Corp., 2008 WL 4865574 (N.D. Ill. June 16, 2008); Anderson v. Aon Corp., 2008 WL 5388321 (N.D. Ill. Dec. 22, 2008); Anderson v. Aon Corp., 2011 U.S. Dist. Lexis 111217 (N.D. Ill. Sept. 29, 2011))
• Successful prosecuted  breach of contract and non-compete claims against former officer (Aon Corp. v. Utley, 371 Ill. App. 3d 562, 863 N.E.2d 701 (Ill. App. Ct. 2006))
• Prosecuted a breach of contract claim and replevin action against medical company, resulting in favorable judgment for client (General Electric Company v. Apollo MRI, Inc., Case No. 2007 L 8336 (Cook County Circuit Court))
• Defended a contract claim brought by its former parent. After a receiving a partial summary judgment award, our clients settled on favorable terms (Viad v. Motor Coach Industries Int’l, 2003 WL 22853414 (Del. Sup. Ct. 2003))

Trust and Estates Disputes

• Regularly provide confidential litigation counseling for intra-family estate disputes, particularly those involving family businesses that will continue to operate as going concerns upon the death of the family matriarch and patriarch. 
• Successfully represented estate in defense of will and trust challenges made by family members in connection with the sale of family business. 
• Successfully represented represented family members in connection with prosecution and defense of will and trust challenges in various courts in connection with sale of family business.  
• Represented estate and successfully secured significant settlements for an estate that owned many businesses and partnerships.

Intellectual Property

• Successfully defended case asserting patent infringement claims involving gift card technology (Travel Tags Inc. v. UV Color, Inc. et al., 09-1619 (D. Minn.))
• Successfully defended  patent infringement claims involving patents relating to megestrol acetate, an appetite stimulant drug, resulting in a take nothing dismissal with prejudice (Morton Grove Pharmaceuticals v. Par,04-cv-7007 (N.D. Ill.))
• Obtained temporary restraining order in connection with a license dispute over patents relating to digital video recorders (Thomson, Inc. v. Macrovision Corp., No. 29D03-0611-PL-1144 (Hamilton Superior Court, Indiana))

White-Collar Criminal/Internal Investigations

• Successfully represented poultry producer in grand jury proceedings and secured the dismissal of indictment
• Represented a high net-worth individual in connection with a federal grand jury investigation involving allegations of fraud
• Represented a hedge fund in connection with a SEC investigation involving insider trading
• Represented a large institution in connection with a DOJ grand jury investigation involving federal RICO counts
• Represented a private equity firm in connection with DOJ grand jury investigation
• Represented an engineering construction firm in connection with a DOJ grand jury investigation involving alleged price fixing and bid rigging