Rich is a commercial litigation and trial attorney representing a variety of clients in disputes in state and federal courts in Illinois and throughout the nation. Rich’s practice is devoted to energy disputes, real estate disputes and general commercial litigation. Some representative cases are listed below.
Rich is a member of the American Bar Association (ABA) Sections of Litigation and Energy, the Energy Bar Association, the Chicago Bar Association committees on Energy, Telecommunications and Water and Commercial Litigation and is a member of the Advisory Board and Technology Committee of The Institute for Energy Law. Rich also serves as a Brief Judge for the ABA Law Student National Appellate Advocacy Competition.
Rich grew up in the western suburbs of Chicago, in Wheaton, Illinois. After obtaining his law degree from the University of Georgia, and before joining Novack and Macey, Rich was an associate with the Athens, Georgia firm of Fortson, Bentley and Griffin, PA in their litigation and commercial transactions departments. Rich now lives with his wife and daughter in Highland Park, Illinois. Rich is a mediocre golfer and an avid car enthusiast (both shows and motor racing). He is also a member of the Highland Park Historical Society, which puts on the annual Auto Historica car show each summer.
Represented PJM Interconnection in connection with federal court claims, including RICO claims, against a group of participants based on alleged market manipulation.
Represented Fortune 100 energy company in actions concerning disputes over rights under SEC-registered long term incentive program.
Representing Fortune 200 energy company in connection with a dispute regarding its acquisition of a demand response aggregation business concerning alleged breaches of representations in a stock purchase agreement.
Represented an energy derivatives trading company in connection with alleged breach of a long-term power purchase agreement in connection with disputes arising as a result of the implementation of locational marginal pricing in ISO New England.
Represented an alternative retail electricity supplier in disputes with commercial and industrial customers over power purchase agreements.
Represented a retail natural gas supplier in disputes with commercial and industrial customers over long term gas purchase agreements, particularly following the drop in natural gas prices in 2008.
Represented a limited partner in an oil and gas exploration and production partnership in connection with breach of fiduciary duty claims against the general partner.
Real Estate Litigation:
Represented a North Suburban Chicago real-estate developer in a series of lawsuits arising out of several developments on the North Shore of Chicago.
Represented a large Chicago-based mixed-use developer in defending claims for breach of warranty, fraud and breach of fiduciary duty brought by the board of directors of the residential condominium association.
Represented a real-estate developer in connection with a claim for breach of contract by a potential project lender.
Represented a real-estate developer in connection with a dispute with its supplier and the supplier’s bonding company in a claim regarding delayed deliveries of supplies.
Represented potential purchaser of real estate in defending a suit by the seller seeking specific performance of contract for purchase and sale.
Represented owner of retail parcel in mixed-use building in code compliance action brought by City of Chicago involving extensive disputes among owners of the various mixed-use parcels.
Represented the residential condominium association in a mixed-used building in several related lawsuits asserting their claims against the owner/manager of the commercial portion of the building.
Represented owner and manager of a retail shopping mall in defending against a foreclosure action instituted by its lender.
Represented a real estate development company in defending against related foreclosure actions against various properties located throughout the Midwest.
Represented foreclosing lenders in multiple foreclosure actions, including taking properties through foreclosure to sale and negotiating and closing short sales.
Other Commercial Litigation Matters:
Representing an insurance broker in a dispute with a manor insurance issuing company regarding the issuer’s refusal to performed under the terms of a agreement to market and sell hundreds of millions in specially developed insurance policies.
Represented insurance brokerage against global insurance issuing company and its affiliates in pursuing claims for breach of contract for failure to issue hundreds of millions in insurance contracts.
Represented employers, employees, partners and shareholders in multiple disputes concerning the alleged violation of restrictive covenants in connection with employment and sale of business agreements.
Represented a provider of employee assistance programs in connection in a suit against a former, high-level employee in claims arising under restrictive covenants when he went to work with a competitor.
Represented a packaging manufacturing company in asserting claims arising from the unlawful termination of the company’s distribution agreement with its primary distributor.
Represented a global diamond and jewelry company in connection with the theft of a diamond ring and the resulting dispute with the company where the stolen ring was pawned, which claimed a superior security interest in the ring.
Represented an engineered materials company in connection with a breach of trade dress lawsuit against a competitor.
Represented a provider of employee assistance programs in a dispute concerning a breach of contract by one of the provider’s international customers.
Represented one of the largest privately-owned manufacturing companies in defending multi-million dollar claims brought by one of its global customers.
Represented a Chicago law firm in a suit against a federal agency for unpaid legal fees, costs and expenses.
Represented a global equipment rental company in pursuing claims against a customer that had failed to pay millions in rental and related fees and expenses.
Represented officers and directors of a computer technology company in defending claims brought under the Securities Laws related to a private offering of stock.
Represented consumer electrical product company in connection with a dispute over an engagement agreement with its terminated patent counsel.
Represented former guarantor in defending claims brought by a lender seeking to collect on the guaranty.
Acted as local counsel to global medical device manufacturer in putative class actions related to allegedly defective devices.
Acted as local counsel to several fortune 500 companies in putative class actions related to allegedly defective consumer products.
Acted as local counsel to national bank in connection with claims arising out of a fraudulent insurance financing scheme.
University of Pittsburgh (B.A. 1998), Magna Cum Laude
University of Georgia School of Law (J.D. 2002), Magna Cum Laude, Order of the Coif; articles editor, University of Georgia Law Review
United States Court of Appeals for the Eleventh Circuit
United States District Court for the Northern District of Illinois
United States District Courts for the Northern and Middle Districts of Georgia
United States Tax Court
SPEECHES AND PUBLICATIONS
Co-author, “Contract Performance,” Contract Law 2013 Edition, Illinois Institute of Continuing Legal Education (IICLE).
“Social media rights: How to protect ownership rights to your social media accounts when employees leave,” Smart Business Chicago, March 2012.