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Summary of Significant Cases

Semco, Inv. v. K.L. Stewart & Associates, Inc. (Toledo, Ohio) Client is a manufacturer's representative in the foundry industry which was sued by a manufacturer for breach of contract, theft of trade secrets, wrongful competition, conspiracy and fraud. Result: case dismissed in favor of client on summary judgment and judgment for client for unpaid commissions.

Travel Dynamics, Inc. v. Sysnet Web, Inc. (Phoenix, Arizona) Client was a developer of high-end web sites for multi-level marketing firms. Its client, Travel Dynamics, a NASDA multi-level marketing company, took an entire web site without paying for it. Travel Dynamics filed a suit in Phoenix as a preemptive measure, and the client filed a counterclaim, seeking injunction based upon copyright infringement. Result: after a hearing but before the court's decision, the case settled.

Quebecor-Great Western Publishing, Inc. v. A.T. Mallad Enterprises, Inc. (Santa Anna, California) Represented plaintiff in the printing industry in breach of contract dispute seeking lost profits; defendant counterclaimed seeking millions of dollars for unfair competition and theft of trade secrets under California law. Result: jury verdict of $500,000 for plaintiff.

Carson Pirie Scott & Co. v. Quincy Mall, Inc. (Milwaukee) Represented department store chain in claim brought by Quincy Mall for breach of shopping center lease. Result: voluntary dismissal of claim in Wisconsin so Quincy Mall could file the claim in Illinois. The claim was later barred on res judicata grounds because of the manner in which the Wisconsin claim was dismissed. Result: client paid nothing.

Princeton American Corporation (Phoenix, Arizona) Lead attorney for major unsecured creditor of NASDAQ company. Result: obtained chapter 11 trustee within 2 months after filing.

Ace Baking Co. (Milwaukee) Represented three warehouses in collecting charges in the bankruptcy of Ace Baking, one of the largest ice cream cone makers in the country. Result: clients were promptly paid in release of their liens.

Lopez v. Great Western Publishing, Inc. (Phoenix, Arizona) Litigated enforceability of noncompetition covenant in employment agreement. Result: decision upholding enforceability of covenant and awarding nothing to the plaintiff.

Great Western Publishing, Inc. (Phoenix, Arizona) Lead attorney for chapter 11 debtor, a $40 million publishing company, with $30 million of debts. Result: confirmed plan in 7.5 months with owner retaining control.

P.A. Berger & Co. / Carson Pirie Scott & Company (Milwaukee) Major role in representing large chapter 11 debtor, a $1 billion department store company. Result: confirmed operating plan issuing stock on NASDAQ.

Citicorp North America, Inc. (Wisconsin) Represented Citicorp North America, a subsidiary of Citigroup, specializing in lending to national franchisees, in collecting debt from Kentucky Fried Chicken franchisee in Wisconsin which filed chapter 11. Result: in cooperation with Chapter 11 trustee, sold restaurants to another franchisee, resulting in a full recovery of principal and accrued interest.

Datacare, Inc. (Tampa, Forida) Represented one of the largest Milwaukee hospitals and took lead role for hospital clients of debtor. Result: chapter 11 trustee appointed and confirmed plan allowed hospitals to smartly migrate to new software systems.

Prange Way, Inc. (Milwaukee) Major role in representing chapter 11 debtor, a large discount department store chain. Result: confirmed liquidating plan with equity receiving significant distribution.

Andrae Electric Co. (Milwaukee) Represented acquiring party of the oldest electrical contracting firm in the country from its chapter 11 proceedings. Result: purchased company.

Winjak, Inc. & Jack Winter Apparel, Inc. (Milwaukee) Co-counsel representing NYSE chapter 11 debtor, an apparel manufacturer. Result: confirmed plan which sold the company to "white knight."

Patrick Cudahy, Inc. (Milwaukee) Co-counsel representing major partially secured lender in the chapter 11 proceeding of Patrick Cudahy, a large food processor. Result: significant cash payment.

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