The Rookery Cornice

Firm News and Recent Decisions

DiVito Exemplifies Professional Excellence

SBA Bar News

September 1, 2008

At its annual black-tie gala at the Four Seasons Hotel in Chicago, the Illinois Bar Foundation gave the 2008 Distinguished Award for Excellence to TDR partner Gino DiVito. This award is given annually to a single attorney in the State of Illinois.

Mr. DiVito received the award in recognition of his many years of distinguished service as a trial court judge, appellate court justice, and prominent trial and appellate advocate. The Chief Justice of the Illinois Supreme Court, Thomas Fitzgerald, presented the award to Mr. DiVito during the ceremony.

Corporate Executive Prevails on Breach, Defamation Claims

Cook County Jury Verdict Reporter

August 1, 2008

TDR attorneys Caesar Tabet and Mark Horwitch obtained a large jury verdict in favor of the former President and CEO of a North American subsidiary of a German conglomerate in the Circuit Court of Cook County.

The firm’s client, a highly respected electronics executive, sued the subsidiary and the subsidiary’s chairman for breach of an executive employment agreement and defamation. After a two-week jury trial, the jury found in favor of our client on all counts and awarded him over $13,000,000 in compensatory and punitive damages.

Jury Awards Over $13 Million to Former Executives

June 13, 2008

Tabet DiVito & Rothstein won a resounding victory at trial on behalf of its client, the former President and CEO of a North American subsidiary of a German conglomerate. TDR’s client, a highly respected electronics executive, sued the subsidiary and the company’s Chairman for their breach of his executive employment agreement and for defamation. After an eight-day jury trial, the jury found in favor of TDR’s client on all counts and awarded him over $13,000,000 in compensatory and punitive damages. The verdict has had important ramifications for other executive compensation and defamation cases in Illinois and throughout the United States. Firm partners Caesar Tabet and Mark Horwitch tried the case.

No. 06-003745 (Cir. Ct. Cook Cty., June 13, 2008)

Rothstein Inducted as President of Appellate Lawyers Association

Chicago Daily Law Bulletin

June 13, 2008

TDR partner Michael Rothstein, newly inducted President of the Illinois Appellate Lawyers Association, discusses plans to use current technology and educational programs offered by the Association available over the Web, in order to expand the membership's reach to areas in downstate Illinois.

Michael Rothstein Installed as Leader of Appellate Bar

ISBA Bar News

June 1, 2008

Citing Aristotle’s principles of persuasion – ethos, pathos and logos – Gino L. DiVito said of his law partner, Michael I Rothstein, that he has “the qualities of character, competence and conviction that are required of those who would lead.”

With that, DiVito, a retired appellate justice, administered the oath of office to Rothstein as the 41st president of the Appellate Lawyers Association.

In his remarks on June 13, Rothstein noted that 304 of the association’s 377 members have offices in Cook County. He pledged to expand outreach to downstate appellate lawyers through collegial and educational programs.

TDR Victorious in Appellate Court in Novel Reverse-Veil-Piercing Case

December 31, 2007

The Illinois Appellate Court affirmed summary judgment in favor of our client, Don C. Trossman, completely disposing of all claims against him. The decision was made following a successful (and seldom granted) petition for rehearing regarding a novel issue of great significance to Illinois business. The appellate court’s opinion is of particular importance because it rejected the equitable theory known as self-piercing, or reverse-piercing, of the corporate veil, which had been argued by our opponents. Firm partners Gino L. DiVito, Karina Zabicki DeHayes, and Michael J. Grant represented the client during the appeal, and DeHayes argued the case before the appellate court.

Trossman v. Philpsborn, et al.

Illinois Appellate Court (2007)

TDR Defeats Securities Fraud Case

December 31, 2007

We obtained summary judgment in favor of our clients, a software development firm and a securities brokerage firm, in a multi-million dollar securities fraud and common law fraud actio

LaSalle Technology Inc., et al. v. ABN AMRO Inc., et al.

Circuit Court of Cook County (2007)

Cracking the Criminal Code

Chicago Tribune

March 16, 2007

Editorial encourages the Illinois legislature’s adoption of a new criminal code, recommended by a panel led by partner and former Illinois Appellate Judge Gino DiVito and former Governor Jim Thompson.

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