Michael A. Weinberg

Partner

Michael Weinberg

Overview

In 40 years of legal practice, Michael A. Weinberg has represented clients in a broad range of complex commercial litigation and arbitration matters.

The breadth of his practice – the rich variety of industries with which he has been involved and the diverse substantive areas of the law he has been called upon to address – enables Michael to apply a wealth of experience to client problems and opportunities.

Annually since since 2004, Michael has been selected by his peers and an independent panel as an Illinois “Leading Lawyer,” which recognizes the top five percent of attorneys in the State. He has been selected as an Illinois Super Lawyer annually since 2014.

Michael has represented clients before numerous state and federal courts. For instance, he defended an insulation company in a case that was appealed to the Seventh Circuit Court of Appeals. Various carpenters’ union trust funds had alleged that the company's entities had under-paid certain trust fund contributions. Presenting an interpretation of new collective bargaining language at trial, Michael won a judgment in favor of the defendants, which found that they had in fact remitted all required contributions to the trust funds. The Seventh Circuit Court of Appeals upheld the ruling. In a not-uncommon arrangement, Michael served as co-counsel on the case with a labor law firm that had turned to Novack and Macey for help with the litigation.

Sometimes Michael finds that clients don’t have the problem they think they have, and his broad range of experience enables him to look at the problem with a fresh perspective that a narrowly focused specialist might not have. For instance, one client, a developer and operator of assisted living communities, faced a class action brought by residents of one of it’s facilities seeking turnover of funds held by the developer/operator for it’s own uses, with the plaintiffs alleging that the funds constituted a security deposit. After careful analysis of the of the rigid statutory guidelines regulating security deposits, Michael was able to argue, to the appellate court’s satisfaction, that assisted-living facilities lie outside the guidelines.

Michael also is experienced with analyzing complex contractual arrangements touching upon a wide range of assets and relationships, including intellectual property. For example, he and Eric Macey represented an online travel agency in a dispute with another online agency. The client claimed the other agency had structured its online search parameters in a way disadvantageous to the client, in violation of an agreement between them. Michael became versed in the subtleties of online search engines, and applied that to his analysis of the contractual relationship between the two companies. The firm was able to secure a preliminary injunction on behalf of its client, leading to a favorable settlement.

Michael is a member of the Board and Co-Chair of the Scholarship Committee of the University of Michigan Club of Greater Chicago. He is a member of the American Bar Association, the Energy Bar Association and the Chicago Bar Association. He is a member of the firm's practice groups on Energy Disputes, Real Estate Litigation and Close Corporations, Partnerships and Limited Liability Companies. Before coming to the firm, Michael was an associate with Skadden Arps and Levy & Erens, and a partner at Kadish and Weinberg. Born in Chicago in 1952, Michael lives in Chicago and has two children.

EDUCATION

  • Vassar College (A.B. 1973), Honors and Distinction
  • University of Michigan Law School (J.D. 1976); note editor, University of Michigan Law Review

Speeches & Publications

  • Co-author, “Contract Performance,” Contract Law 2016 Edition, Illinois Institute of Continuing Legal Education (IICLE)
  • Author, Chapter 3, “Fiduciary Duties of Shareholders in Closely Held Corporations and Members of Limited Liability Companies,” Handbook on Disputes Involving Closely Held Companies, published by the Illinois Institute for Continuing Legal Education, 2015.
  • Co-author, “If the Supreme Court Does Not Imply a Private Judicial Cause of Action Under the Commodity Exchange Act,” Journal of Futures Markets, Vol. 1 (Supp.), 519 (1981)