Matthew J. O'Hara

Representative Matters

• Argued appeal that won reversal of trial court declaratory judgment against healthcare industry client concerning restrictive covenants ancillary to the sale of the business. The Illinois Appellate Court found that the restrictive covenants should be read as the firm's client contended, without geographic limitations. United Methodist Homes & Services v. Symbria, Inc., 2022 IL App (1st) 201181-U (Ill. App. Ct. 2022).

• Won reformation of real estate purchase agreement and deed for construction industry client. After a 13-day trial, the court found that an agreement requiring the client to pay long-term royalties to the seller on aggregates mined under and around the client's property, where it operates an asphalt manufacturing plant, should be reformed because of mutual mistake. The reformation order defeated claims for ten years and millions of dollars in back royalty payments and altered the obligation going forward.

• Won jury verdict for steel processor client, proving a long-term contract for the sale of steel when no formal written contract was signed, based on the parties' writings, conversations, and course of dealings and performance under Article 2 of the UCC, after an 11-day trial. National Material Co. v. GSI Group, L.L.C., Circuit Court of Christian County, Ill., Case No. 10-CH-64 (Sept. 2018). Previously won reversal of summary judgment against the client on the claim later proven to a jury. National Material Co. v. GSI Group, L.L.C., 2016 IL App (5th) 140542-U (Ill. App. Ct. 5th Dist. 2016).

• Won dismissal of a lawsuit by members of a securities brokerage firm against a National Law Journal 250 law firm seeking $10 million for alleged malpractice, breach of fiduciary duty, and unlawfully aiding and abetting and conspiring with members of the firm. The court found at the pleadings stage that the claims were time-barred.

• Won dismissal for lack of personal jurisdiction for a commercial construction contractor, its owner, and a related company for claims of breach of contract, tortious interference with prospective economic advantage, and piercing the corporate veil. Eclipse Aerospace, Inc. v. Star 7, LLC, Case No. 15 C 1820, 2016 WL 901297 (N.D. Ill. Mar. 3, 2016).

• Argued a successful appeal in the Illinois Supreme Court resulting in summary judgment for a dissolved corporation based upon a statutory defense under the Illinois Business Corporation Act concerning accrual of claims before dissolution. Pielet v. Pielet, 2012 IL 112064 (Ill. 2012).

• Won summary judgment for former CFO of a Fortune 250 company in an ERISA stock-drop class action seeking $360 million in damages. The court found that the CFO did not fraudulently conceal information from the company's auditors. Harris v. Koenig, 815 F.Supp.2d 12 (D.D.C. 2011).

• Won a defense verdict on a claim for breach of fiduciary duty by a partner in a general partnership in a commercial real estate business. The jury also awarded damages on a counterclaim for breach of contract after a 13-day trial. Krieger v. Boey, No. 08-L-85 (Cir. Ct. 16th Jud. Dist., DeKalb County, Ill., 2011).

• Defeated motion by seller of digital advertising for preliminary injunction of entertainment industry clients' use of trademark for apparel associated with musical artist, regarding a claim under the Lanham Act for likelihood of causing consumer confusion. Akoo International, Inc. v. Harris, No. 10 C 1685, 2011 WL 4007686 (N.D. Ill. Sept. 9, 2011).

• Won summary judgment on claim by distributor client against manufacturer for anticipatory breach of trademark license agreement. Geneva Int'l Corp. v. Petrof, Spol, S.R.O., 608 F. Supp. 2d 993 (N.D. Ill. 2009).

• Court of appeals vacated remedies award in SEC enforcement action against public company CFO because trial court's calculation of disgorgement and penalties was erroneous. SEC v. Koenig, 557 F.3d 736 (7th Cir. 2009).

• Won dismissal of tort and contract claims against executives of corporate client. Midwest Theatres, Inc. v. IMAX Corp., No. 08-5823 (DSD/SRN), 2009 WL 649701 (D. Minn. Mar. 11, 2009).

• Defeated motion for temporary restraining order brought by client's former trademark licensee. Midwest Theatres, Inc. v. IMAX Corp., No. 08-5823 (DSD/SRN), 2008 WL 4832598 (D. Minn. Nov. 3, 2008).

• Won reversal of trial court order dismissing client's claims under a non-solicitation agreement. Baird & Warner Residential Sales, Inc. v. Mazzone, 893 N.E.2d 1010 (Ill. App. Ct. 1st Dist. 2008).

• Argued appeal in Illinois Supreme Court from denial of successive post-conviction petition based on claims of actual innocence. People v. Morgan, 817 N.E.2d 524 (Ill. 2004).

• Defeated challenge by the Illinois Attorney General under the Illinois Constitution to clemencies issued by the Governor of Illinois to prisoners whose death sentences had been vacated in post-conviction or habeas corpus proceedings. People ex rel. Madigan v. Snyder, 804 N.E.2d 546 (Ill. 2004).

• Won trial verdict for industrial equipment manufacturer against a distributor for breach of a distribution agreement and breach of a software license agreement, obtaining attorneys' fees in addition to damages for lost profits and liquidated damages. Tempco Electric Heater Corp. v. Temperature Engineering Co., No. 02 C 3572, 2004 WL 2931329 (N.D. Ill. Dec. 15, 2004).

• Defended a privately-held subcontractor to a military contractor against claims brought by the U.S. Department of Justice under the False Claims Act; coordinated nationwide discovery concerning financial, accounting, and regulatory issues, won reversal of an unfavorable trial court ruling on appeal. United States v. Taber Extrusions, LP, 341 F.3d 843 (8th Cir. 2003).

• Successfully argued in the Illinois Supreme Court for a criminal defendant seeking relief under a post-conviction petition from a death sentence. People v. Morgan, 719 N.E.2d 681 (Ill. 1999).

• Successfully argued that federal courts had subject matter jurisdiction over client's wrongful eviction claims even though the parties had opposed each other in a prior state court proceeding. Long v. Shorebank Development Corp., 182 F.3d 548 (7th Cir. 1999).

• Successfully tried the defense of a claim by a sales executive for unpaid commissions against a public technology consulting company and won a counterclaim for overpaid commissions.