Rich handles commercial litigation, representing clients in both federal and state courts, in jury and non-jury trials, and in appellate proceedings.  He also represents clients in arbitration and mediation.

Rich's practice concentrates on representing corporations, partnerships, owners, general contractors and subcontractors in federal and state court litigation over construction, architectural, engineering and design defects, and other construction related claims.  His practice also includes the representation of both individuals and entities in commercial litigation, including, financial institution litigation, telecommunications litigation, business disputes, accounting, auditing and other professional malpractice claims, securities litigation, equipment lease litigation and contract disputes.  Rich has also served as lead counsel in numerous complex multi-district class actions. 

Rich has been recognized by his peers as an Illinois "Leading Lawyer," among the upper five percent of all commercial litigation lawyers in the State of Illinois.

Representative Matters

• Won a multi-million dollar arbitration victory for a pharmaceutical company.  The arbitration, conducted in New York City, concerned a license and development agreement for a drug to be administered to feedlot cattle using a microsphere and time release technology.  The arbitration involved substantial technical expert testimony concerning pharmaceutical bioequivalence and drug formulation issues and whether all commercially reasonable steps to obtain FDA approval were taken. 
• Lead counsel representing a general contractor in negotiating and reviewing the contract documents in connection with a $118,000,000, one million square foot convention center project in Seattle.  At the conclusion of the construction contracts, prepared claim which was developed as a result of design deficiencies and schedule impacts resulting in numerous change orders.  The settlement structure for the claim totaled $60,000,000 and was agreed to at a mediation hearing prior to litigation.
• Lead trial counsel representing the plaintiff joint venture in a claim for recovery of the contract price, plus the value of certain extra work, relating to a bridge over the Chicago River.  Much of the work was done pursuant to oral change orders.  The matter was settled before trial, after the City of Chicago agreed to pay the entire amount claimed by the plaintiff joint venture, including the amounts for extra work.
• Represented general contractor in connection with the construction contracts for a $90,000,000 project for the construction of the high level approaches and center span for a bridge crossing south of St. Petersburg, Florida.  The bridge is the world's largest cable stayed pre-cast segment concrete span bridge and the second largest concrete span bridge in the world.  All claims, including claims for change orders and extra work, were settled before completion of the work.
• Represented an electrical subcontractor, in the negotiation of a multi-million dollar subcontract for the electrical work on the construction of the McCormick Place Hotel.  The project involved negotiation of the specific subcontract, as well as a review of the contract between the design builder and the owner of the project.
• Represented the general contractor in a $36,000,000 project constructed for the United States Army Corps of Engineers.  A multi-million dollar claim was driven by incomplete plans, wrongful interpretation of the clean-down specifications, faulty owner furnished design criteria for an equipment support system, and a claim for acceleration.  The claim was settled prior to a hearing before the United States Board of Contract Appeals. 
• Lead trial counsel for owner in litigation involving, among other things, responsibility for construction defects at a multi-million senior development.  Successful in developing a litigation strategy which lead to the settlement of all of the litigation claims on terms acceptable to the owner during the trial.
• Lead trial counsel for a contractor in successful litigation with a public utility responsible for the contamination of a coal gasification site; obtained a multi-million dollar award.
• Represented a general contractor in a claim for delay damages relating to the sequencing of the construction of a large convention center.  The $60,000,000 project involved the placing of 100,000 yards of concrete.  Prepared claims based on the process employed on the project for delay claims and change orders.  The claim was settled prior to trial for a multi-million dollar amount.
• Represented the contractor who was retained in connection with the renovation of the HVAC/temperature control system and its conversion to digital controls at a federal building.  Prepared a claim for the contractor for unfinished work, unabsorbed overhead, change orders and delay against GSA.  After extensive discovery concerning those issues, the claim was settled on favorable terms for our client before the United States Board of Contract Appeals.
• Trial counsel who obtained a $7.5 million judgment on behalf of a bio-pharmaceutical company through an "AAA" arbitration proceeding wherein the terms and conditions of a license and development agreement and a manufacture and supply agreement regarding a new pharmaceutical drug product were successfully enforced.
• Lead counsel representing a financial institution in an investigation of the conduct of a board member and developed a plan for the institution which would both resolve the problem with the existing board member and prevent the conduct from occurring in the future with other board members.
• Lead trial counsel in representation of a California corporation in a trademark dispute over the use of certain paintings which were silk-screened and sold in large numbers by a national discount chain.  Achieved injunctive relief and eventually reached a settlement which provided for a disgorgement of the profits wrongfully made by the defendant's misuse of the client's product.
• Represented a large real estate developer who entered into a store lease with one of the largest clothing designers in the world for that designer to develop a Chicago flagship store.  After incurring substantial construction and other expenses to ready the premises, the client was notified by the designer that it would no longer rent the space.  A declaratory action was initiated in federal court and a substantial verdict was rendered in favor of our client.  That verdict on appeal to the Seventh Circuit Court of Appeals was preserved and the matter settled for a multi-million dollar amount.
• Represented a large real estate developer in an action against an auditing firm for failing to detect a multi-million dollar embezzlement by the developer's bookkeeper.  Despite the fact that no audit or attestation level services were performed, obtained a seven-figure recovery at trial based upon the American Institute of Certified Public Accountants' Management Advisory Standards (which had seldom been used to impute liability in litigation matters prior to that time).
• Represented a municipality in a suit against its former auditing firm for failing to detect a multi-million dollar fraud regarding the management of its self-insurance program.  Obtained a favorable settlement for the municipality.
• Successfully argued before the Illinois Supreme Court the issue of how to treat Illinois Consumer Fraud Act claims, when such claims are asserted as part of a class action complaint involving a nationwide class. 

Presentations

• Construction Litigation: How to Avoid It Or At Least Increase Your Chance of Prevailing In It. Presentation to Lincoln Park Builders Club and other Groups.
• Numerous presentations to participants throughout the construction industry on construction issues.

Articles

• Review of Arbitration Awards: Are They Still "Final" in the First Appellate District?, GR Review, Fall 2007
• New Limits on Accountant's Liability: Lenders Beware, Illinois Banker, Vol. 71
• Sections on Civil Fraud and RICO, Handbook for FDIC and RTC
• Davis v. Passman: Implied Constitutional Remedies for Congressional Employees