Rusty has significant experience in complex commercial and tort litigation in jurisdictions across the country.
Rusty’s primary areas of experience are trade secret litigation and product liability defense, but Rusty also has experience in a broad range of commercial and tort litigation, including:
- Consumer Finance class action defense. Rusty’s experience includes defense of a multi-billion dollar class action alleging violations of the Fair Credit Reporting Act.
- Valuation litigation. Rusty successfully defended a well-known accounting firm in a case seeking $23 million for an allegedly negligent stock valuation.
- Tax protest litigation. Rusty represents a group of insurance brokers challenging the retroactive application of a tax increase.
- Other business disputes, including statutory and common law fraud claims, contract disputes,
alleged fraudulent transfers, and real estate disputes.
Trade Secret Litigation
Rusty and a team of Lord, Bissell & Brook attorneys act as national counsel for a well-known financial services company in litigation initiated by the company to protect its trade secret information. In this capacity, Rusty has litigated in state and federal courts across the country, and in arbitration proceedings before the National Association of Securities Dealers, seeking injunctions and damage awards to prevent former employees and competitors from misappropriating sensitive trade secret information.
Rusty has also drafted non-competition and non-solicitation agreements designed to protect trade secret information. Rusty has successfully enforced such agreements by obtaining temporary and permanent injunctions to prevent the solicitation of his clients’ customers and prospects.
Product Liability Defense
Rusty has acted as local, regional, and national counsel for manufacturers of a wide range of products, including seat belts, air bags and other automotive components, aerial lifts and other construction equipment, power tools, children’s toys, and other consumer products. Rusty’s experience includes defense of a nationwide class action claim arising from a product recall, as well as litigating important discovery issues such as limiting or preventing discovery of confidential product design and testing information.
Rusty has also developed a significant amount of experience regarding spoliation of evidence, including seeking sanctions for destruction of evidence within pending litigation and defending against independent claims for spoliation of evidence.
Litigation and Trial Experience
Rusty has successfully tried cases in state and federal courts in Illinois, New York, and Utah. Examples of defense verdicts and rulings Rusty has obtained are:
- Chatz v. BearingPoint, 364 B.R. 308. Rusty and another Lord, Bissell & Brook LLP Partner tried this case to a bankruptcy judge and obtained a complete victory on behalf of their client, a well-known accounting firm, against a $23 million claim alleging a negligent common stock valuation.
- Antonucci, et. al. v. Illinois Dept. of Ins. Rusty represented a group of surplus line insurance brokers challenging the retroactive application of a tax increase, and obtained summary judgment in which the Court held that the tax had been retroactively applied. That ruling was affirmed on appeal.
- Frederick Cantrell v. General Motors Corporation (Long Island, NY). A jury trial involving allegations of a defective anti-lock brake system in which Rusty obtained a directed verdict on behalf of General Motors Corporation.
- Lancey Taylor v. Mazda Motor (USA), et al. (Portland, ME). 2000 WL 1900286. A case involving allegations that a seat belt was defectively designed in which Rusty obtained summary judgment for a seat belt supplier based on that supplier’s lack of design responsibility.
- Anthony Burt v. Makita USA, Inc., et al. (Fort Wayne, IN). 212 F.Supp.2d 893. A case involving a table saw in which Rusty obtained summary judgment on behalf of the manufacturer by demonstrating that plaintiff’s injuries had been caused by an unforeseeable misuse of the saw.
- June Sedgwick v. Tee-Jay Central, Inc., et al. (Galesburg, IL). A case involving allegations of defective design of an automatic door in which Rusty obtained summary judgment on behalf of the manufacturer.
- John Sharp v. Allen-Bradley Company, et al. (Chicago, IL). A case involving a tort claim for negligent spoliation of evidence in which Rusty obtained a dismissal of the complaint on behalf of several of the defendants for failure to state a cause of action. The ruling was affirmed on appeal.
Rusty is currently an adjunct professor in two classes at Northwestern University School of Law—Trial Advocacy and Civil Discovery. In that capacity, Rusty instructs, critiques and grades law students on courtroom skills, including direct and cross-examination, opening statements, and closing arguments. Rusty also lectures and directs classroom exercise regarding various aspects of pre-trial discovery.
Publications
- Bradley University, B.A., 1996, summa cum laude
- Northwestern University, J.D., 1999, cum laude, moot court
- Illinois, 1999
- Indiana, 2000
- U.S. District Court, N.D. Illinois, 1999
- U.S. District Court, N.D. Indiana, 2001
- Pro Hac Vice Admission: California, Florida, Iowa, Kentucky, Maine, Massachusetts, Michigan,
- Minnesota, Mississippi, Missouri, New Hampshire, New York, Ohio, Utah, and Virginia