James H. Schink

International Arbitration

Flex-N-Gate Arbitration (2015)

• Part of Kirkland team that successfully represented auto parts manufacturer in dispute with Bayer arising out of disputed sales agent that was arbitrated before ICC Panel in Frankfurt.

S.C. Johnson International Arbitration (2007)

• Represented S.C. Johnson in ICC international arbitration in Frankfurt, Germany arising from post closing dispute related to client's $1 billion acquisition from Bayer.

BellSouth International Arbitration (2004)

• Represented BellSouth in an ad hoc international arbitration in which minority shareholder sought damages from Bell South in excess of $3 billion for alleged breach of share purchase agreement. Case settled for a small fraction of demand after completion of arbitration in 2004.

McKinsey v. Exide (2003)

• Represented Exide in AAA International Arbitration arising from alleged breach of consulting contracts. Case settled.

Inversora Bejaly, C.A. v. General Motors Corporation, et al. (2003)

• Represented GM in ICC international arbitration in which GM sought damages in excess of $150 million for alleged fraud and breach of fiduciary duty in connection with Venezuelan joint venture. Tribunal awarded for GM.

Innse Innocenti Santeustacchio S.p.A. v. Hitachi Zosen Clearing, Inc. (1994)

• Breach of contract arbitration brought in ICC international arbitration seeking damages in excess of $1 billion arising from agreement to supply engineering for heavy duty presses in Italy. Client awarded full damages sought.

Grupo IMSA v. Exide Corporation (1992)

• Represented Exide in ICC international arbitration proceeding in which IMSA sought to rescind $120 million battery supply contract. Case successfully settled during arbitration.

Antitrust & Competition Litigation

Copper Tubing Grand Jury Investigation (2006)

• Represented world's largest copper tubing manufacturer in grand jury investigation into industry pricing practices. No indictment resulted from the investigation.

In re Linerboard Antitrust Litigation (2005)

• Represented Weyerhaeuser in MDL treble damage litigation filed in Eastern District of Pennsylvania arising out of alleged conspiracy to fix and raise prices of linerboard. Classwide settlement concluded matter.

Johnson Controls v. Exide (2002)

• Represented Exide in defense of Robinson-Patman, tortious interference and Lanham Act claims arising from alleged bribery of key customer. Case dismissed in federal court, Northern District of Illinois.

In re Vitamin Antitrust Litigation (2000)

• Represented Reilly Industries, world's second largest manufacturer of Vitamin B3, in connection with criminal case in Northern District of Texas and MDL treble damage class action litigation relating to alleged worldwide price fixing conspiracy in vitamin industry. Cases settled after protracted proceedings.

In re Plywood Antitrust Litigation ("Plywood Treble Damage Case") (1981)

• Civil treble damage nationwide class action case involving claimed industry-wide price-fixing conspiracy; six-week jury trial in Eastern District of Louisiana. In re Plywood Antitrust Litigation, 1979-1 Trade Cas. ¶62,459 (E.D.La. 1978) (Judge Pointer); Fifth Circuit affirmed. Certiorari granted by U.S. Supreme Court and case settled.

FTC v. Georgia-Pacific, Weyerhaeuser, Willamette and Champion International ("FTC Plywood Case") (1980)

• FTC cease and desist proceeding to enjoin alleged deceptive plywood pricing practices; six-month trial (FTC Administrative Law Judge Needleman). Argued and won case in Ninth Circuit, 637 F.2d 573 (9th Cir. 1980).

Steel Industry Price Fixing Investigation (1980)

• Successfully represented Inland Steel in grand jury and CID investigations of claimed price fixing of steel products.

Weit v. Continental Bank (1979)

• Class action treble damage litigation seeking multibillion dollar damages for alleged price fixing of interest rates applicable to unpaid balances owned by Mastercard holders. After extensive discovery, obtained summary judgment in favor of client American National Bank (Northern District of Illinois); 478 F.Supp. 285 (N.D.Ill. 1979).

Portland Grand Jury Investigation of Sanded Plywood Pricing (1977)

• Successfully represented Weyerhaeuser, Georgia-Pacific and Willamette Industries in grand jury investigation of claimed price fixing of sanded plywood prices (Portland, Oregon).

New Orleans Grand Jury Investigation of Southern Pine Plywood Pricing (1976)

• Successfully represented Weyerhaeuser, Georgia-Pacific and Willamette in grand jury investigation of claimed price fixing of southern pine plywood prices (Northern District of Louisiana).

In re Multidistrict Vehicle Air Pollution ("Smog Case") (1973)

• Civil treble damage class action cases against all domestic auto manufacturers seeking several billion dollars in damages and retrofitting of all vehicles in the U.S. with pollution control devices; represented GM, Studebaker, International Harvester and Checker. Case dismissed, 367 F.Supp. 1298 (C.D.Cal. 1973) (Judge Real).

Boshes v. General Motors (1973)

• Class action by all purchasers of GM vehicles claiming intracorporate price fixing conspiracy by GM divisions. Class certification motion denied and case dismissed (Judge Decker), 59 F.R.D. 589 (N.D.Ill. 1973).

United States v. ITT (1971)

• Government antitrust enforcement action to enjoin ITT's conglomerate merger with Canteen. Case tried and won. 1970 Trade Cas. ¶73,197 (N.D.Ill. 1971).

Environmental Litigation

Continental Title v. Peoples Gas (2004)

• Defended suit filed in federal court, Northern District of Illinois to recover costs of cleaning up radium contamination abandoned plant site. Nominal settlement reached.

U.S. v. Caribbean Petroleum Refining (2001)

• Represented Puerto Rico's largest petroleum refiner in Clean Water Act enforcement case seeking substantial penalties and injunctive relief relating to client's operation of petroleum refining and blending facility in Bayamón, Puerto Rico. After evidentiary hearing, government's motion for preliminary injunction denied. Case dismissed.

North Shore Gas v. Salomon Inc. (2000)

• Declaratory judgment action brought by client against current owner of manufacturing facility in Denver at which radioactive materials were processed and disposed. Current owner sought to have North Shore Gas pay cost of $135 million cleanup. North Shore Gas' motion for summary judgment granted in Northern District of Illinois (Judge Gettleman) and set aside by Seventh Circuit (152 F.3d 642, 7th Cir. 1998). Claim against client ultimately dropped.

U.S. v. NL Industries (Granite City) (1999)

• Government cost recovery action brought against client and other lead generators seeking reimbursement in excess of $50 million for residential soil and groundwater remediation costs arising from operation of client's former secondary lead smelter in Granite City, Illinois. Case settled in Southern District of Illinois (Judge Forman).

U.S. v. Peter Gull (1998)

• Government environmental penalty and cost recovery action seeking $20 million in damages and penalties relating to lead cleanup of B&H Battery Site in Norco, California. After four-week trial, trial court awarded plaintiff $6.4 million (Judge Keller). Case settled while appeal pending before Ninth Circuit.

CIL Corp. v. NL Industries (1997)

• Defended case brought to recover cleanup costs at abandoned titanium dioxide plant in Sayerville, New Jersey. Favorable settlement reached in District of New Jersey (Judge Walls).

Catellus Development Corp. v. NL Industries (1996)

• Private Superfund cost recovery action brought in District Court in San Francisco, California by site owner seeking over $15 million in cleanup costs from client NL and others. Won ruling in Ninth Circuit that suppliers of junk batteries are liable parties; 1994 WL 414537 (9th Cir. 1994); tried and won bifurcated trial on causation issue (Judge Lynch).

Western Atlas v. NL Industries (1996)

• Defended NL in private cost recovery action brought by owner of several oil field service sites seeking costs to remediate environmental contamination on various properties. Case settled in Texas State Court for nominal amount.

Paschen Contractors v. People Gas (1996)

• Suit to recover environmental-related damages from client as a result of discontinued manufactured gas operations. Case settled for nuisance value. (N.D. Ill.).

United States v. Navistar International (formerly International Harvester) (1994)

• Environmental enforcement action brought in District Court in Dayton, Ohio by U.S. EPA which sought over $700 million in fines for alleged violation of Ohio air pollution regulations. Case settled for less than $3 million (Judge Rice).

Exxon v. NL Industries, Inc. (1994)

• Private Superfund cost recovery, breach of contract and fraud action brought in District Court in Houston, Texas by purchaser of 30 oil field chemical properties in 10 states seeking over $30 million in remediation costs. Case settled after mediation (Judge Hughes).

EPA v. International Harvester (1994)

• Non-compliance penalty proceeding brought by EPA before Administrative Law Judge seeking several million dollars in penalties for IH's alleged non-compliance with various air pollution regulations. Case settled during trial.

Anschutz Mining Corp. v. NL Industries, Inc. (1994)

• Contribution action brought in Eastern District of Missouri by Superfund site owner against former mine operator seeking over $75 million in damages for environmental cleanup costs. Three-week bench trial completed in February 1991; case settled for nuisance value while appeal pending (Judge Limbaugh).

Amoco Chemical Company, Joliet Plant - FIFRA and Clean Water Act Penalty Case (1993)

• Enforcement action seeking penalties for alleged FIFRA and Clean Water Act violations arising from Amoco's use and discharge of biocides at Joliet, Illinois plant; case settled after hearing for nominal amount.

Stroh Die Casting v. Monsanto (1993)

• Products liability and negligence action brought in Wisconsin state court by former user of PCB based hydraulic fluid for recovery of cleanup costs. Case tried and won on appeal in Wisconsin Supreme Court.

Homco v. NL Industries (1993)

• Private Superfund cost recovery and breach of contract action brought in District Court in Galveston, Texas by purchaser of oil field service properties in twelve states seeking over $25 million in remediation costs. Case settled during trial (Judge Kent).

Kaplan v. NL Industries (1990)

• Contribution and indemnification action brought in District Court in San Francisco by site owner against NL (former site owner) for recovery of site cleanup costs. Case settled for nominal amount at first day of trial (Judge Vukasin).

Hines v. Vulcan Materials and Monsanto (1987)

• Contribution and indemnification action brought in District Court in Chicago by Superfund site owner against former supplier of wood treating chemicals (pentachlorophenol) for recovery of site cleanup costs and personal injury settlements estimated at $50 million. Monsanto's Motion to Dismiss granted September 1987. Case won. 669 F.Supp. 854 (N.D.Ill.1987) (Judge Aspen).

United States v. Keystone Industries (1986)

• Environmental enforcement action brought in District Court in Peoria, Illinois by U.S. EPA seeking penalties and closing of largest wire mill in United States for alleged violations of RCRA. EPA's request for preliminary injunction shutting down plant denied after one-week evidentiary hearing in July 1986 (Judge Mihm). Case settled for nominal penalty.

Cito v. Monsanto; Tanaka Farms v. Monsanto (1986)

• Litigation arising from claimed injury to dairy and herd from PCB contaminated feed. Jury trial; case won (Colorado State Court, Boulder).

United States v. Outboard Marine and Monsanto (1984)

• Environmental litigation against Monsanto Company arising from PCB discharges into Waukegan Harbor and Lake Michigan which U.S. EPA claimed to be largest known PCB dump site in the United States. All claims against client Monsanto Company dismissed. 549 F.Supp. 1032 (N.D.Il. 1982); and 104 F.R.D. 405 ( N.D.Ill. 1984) (Judge Getzendanner).

City of Chicago v. S&C Electric (1980)

• Civil injunction suit to restrain odor problem from painting operation. Bench trial; case won (Judge Kargman, Circuit Court of Cook County, Illinois).

International Harvester EPA Listing Proceeding (1977)

• EPA filed administrative proceeding to prohibit client from bidding on any government contract. Hearing led to dismissal of EPA request.

Illinois v. Wisconsin Steel (1977)

• Civil penalty and enforcement action brought against steel mill for cyanide discharges to Calumet River. Two-week bench trial, Circuit Court of Cook County, Illinois (Judge Delaney); case won.

U.S. v. Inland Steel (1977)

• EPA action to stop construction of $1 billion blast furnace, coke oven and power plant facility. After two-week bench trial, action dismissed (Judge McNagny, N.D. Ind.).

U.S. v. International Harvester (1977)

• Civil penalty action arising from over 2,700 violations of steel mill's NPDES permit; three-week bench trial limited to amount of penalty issue. U.S. sought $27 million penalty - final judgment only $270,000 (less than one percent of demand) (Judge Marshall, N.D. Ill.).

United States v. C F Industries (1974)

• Civil penalty and injunction action arising from operation of fertilizer plant in Terre Haute, Indiana. One-week trial before Southern District of Indiana (Judge Holder); suit dismissed.

Illinois v. Standard Oil (Indiana) (1974)

• Injunctive and penalty action for claimed water pollution caused by Whiting, Indiana refinery owner by client Amoco. After lengthy discovery, a "no cost" consent decree was negotiated and entered in Cook County, Illinois Circuit Court (Judge Cohen).

International Harvester v. Ruckelshaus (1973)

• Judicial review of EPA's denial of extension of exhaust emission standards applicable to light duty vehicles. Wrote brief that led D.C. Circuit to reverse denial of extension upon remand, EPA granted requested relief. 478 F.2d 615 (D.C.Cir. 1973).

In re S.S. International (1971)

• Prosecution of ship owner for alleged violation of Refuse Act of 1899. Bench trial; case won (Judge Decker, N.D.Ill.).

Automotive Industry Class Action Litigation

General Motors Seat Belt Buckle Litigation (2006)

• Represented GM in three class action cases filed in Circuit Court in St. Clair County Illinois seeking damages for allegedly defective design of various seat belt buckle systems. Cases dismissed.

Friedman v. General Motors (2003)

• Defended GM in nationwide class action alleging more than ten million GM vehicles were defective because paint peeled off vehicles' horizontal surfaces. Cases dismissed.

North v. American Suzuki (2002)

• Represented American Suzuki in class action case seeking damages and retrofit of Suzuki vehicles with an alleged tendency to roll over. Case dismissed in federal court, Central District of Illinois.

Siegel v. General Motors (2001)

• Defended GM in nationwide class action alleging more than ten million GM vehicles were defective because anti-lock brake system is defective and dangerous. Complaint sought substantial damages and recall. Case dismissed. Eastern District of Missouri.

Harris v. General Motors (2000)

• Defended GM in statewide class action brought on behalf of owners of certain Chevrolets relating to the leather interiors of their vehicles. Case settled for nominal amount. Alabama State Court.

MDL-1129 - General Motors Anti-Lock Brake Litigation (1999)

• Nationwide class actions on behalf of all owners of 1991 and later model GM vehicles alleged that anti-lock brakes were defective. Represent GM in consolidated cases. GM's motion to dismiss granted in Eastern District of Missouri (Judge Nangle). Eighth Circuit affirmed judgment for GM. 172 F.3d 623 (8th Cir. 1999).

Brewer v. General Motors (1998)

• Class action on behalf of all Texas residents who owned 1985 and later model GM vehicles equipped with non-motorized detachable three-point seat belt systems. Suit sought damages in excess of $1 billion and retrofit of all vehicles equipped with these belt systems. After evidentiary hearing, GM's motion to dismiss granted and class certification denied. 966 S.W.2d 56 (Tex. 1998).

Karpowicz v. General Motors (1998)

• Defended GM in class action case seeking damages for alleged paint delamination on various vehicles. GM's motion to dismiss granted. 1998 WL 142417 (Judge Kocoras - N.D. Ill.).

Kizzire v. General Motors (1997)

• Defended GM in statewide class action on behalf of owners of GM vehicles seeking damages from alleged risk of paint delamination. Case dismissed in Alabama State Court.

Nefe v. General Motors (1996)

• Represented GM in class action brought in California State Court on behalf of owners of several million 1985-1990 vehicles equipped with allegedly defective transmissions for recovery of damages and injunctive relief. Argued GM's successful motion to dismiss (Judge Cooperman).

General Motors Pickup Truck Fuel Tank Litigation (1995)

• Fraud, misrepresentation and warranty actions on behalf of several statewide and national classes of 1973-87 model Chevrolet and GMC pickup truck owners relating to outside the frame fuel tank design. Cases sought massive damages and recall of more than 67 million trucks. Initial settlements in Philadelphia Federal Court and Texas State Court were appealed and then set aside on appeal. 55 F.3d 768 (3d Cir. 1995). New settlement negotiated in Louisiana state court.

Suzuki Samurai Rollover Litigation (1995)

• California state-wide class action brought on behalf of owners of 1985-94 Suzuki Samurais with alleged "tendency to roll over." After ruling of Superior Court of Los Angeles certifying the state-wide class, retained by Suzuki to defend action and get class decertified. Suzuki won on appeal. 37 Cal. App. 4th 1291 (2nd Dist. 1995).

Carlson v. General Motors (1991)

• Nationwide consumer class action sought in excess of $3 billion in damages, including loss of resale value, due to alleged defects in all 1981-85 model diesel-equipped GM vehicles. Loss of resale value claims dismissed and affirmed by Fourth Circuit, 883 F.2d 287 (4th Cir. 1989); remaining repair expense claims settled for nominal amount during trial (Judge Hawkins).

Ortiz v. General Motors (1988)

• Contract, fraud and deceptive trade practice claims brought by owners of vehicles equipped with diesel engines. Won trial; W.D. Texas (El Paso).

Kaplan v. General Motors (1984)

• Represented GM in nationwide consumer class action seeking $5 billion in damages due to alleged defects in 1970-80 diesel-equipped General Motors vehicles. Negotiated and obtained approval of settlement amounting to less than $50 per vehicle. (Judge Bramwell, E.D.N.Y.).

Securities Litigation

Bank One Derivative Litigation (2003)

• Represented outside director of Bank One in derivative litigation relating to disclosure of financial condition of First USA credit card subsidiary. Nominal settlement in federal court, Eastern District of Texas.

Bank One Shareholders Litigation (2001)

• Represented outside director of Bank One in securities fraud class action litigation relating to earnings of First USA credit card subsidiary. Case settled for nominal value. Northern District of Illinois.

Herrmann v. Beauchemin (1987)

• Represented all outside Manville Company directors in shareholder class actions brought in Denver and transferred to S.D.N.Y. seeking damages from directors for alleged failure to disclose seriousness of asbestos health litigation problem prior to Manville's Chapter 11 filing. Negotiated nuisance value settlement of litigation fully covered by clients' D&O carrier; settlement approved June 1987. (Judge Owen, S.D.N.Y.).

T.I.M.E.-D.C. v. SKZ Holding (1982)

• Take-over litigation involving control of Amalgamated Sugar. Handled injunction hearing in Federal District Court (Judge Williams, Salt Lake City, Utah); client won control.

Marshall Fields v. Carter Hawley Hale (1979)

• Participated in successful representation of Fields in averting a hostile takeover attempt by Carter Hawley Hale (Northern District of Illinois).

General Commercial and Intellectual Property Litigation

Miller v. Caterpillar, Inc. (2015)

• Part of Kirkland team that won jury trial against CAT in connection with CAT's breach of contract and theft of trade secrets culminating in $74 million verdict for Miller. With fee award, judgement in excess of $100 million believed to be the largest trade secret misappropriation verdict in Illinois history.

Lamberson v. Stafford (2003)

• Represented Stafford in breach of contract and fraud claim brought by former general counsel seeking damages in excess of $20 million. Case settled in Circuit Court of Lake County Illinois.

M.J.T. Securities, LLC Arbitration (2003)

• Represented Stafford Trading in largest reported Pacific Coast Stock Exchange arbitration. Damages in excess of $20 million for alleged fraud, breach of contract and breach of fiduciary duty in connection with options trading activities were sought. Nominal award for claimant.

Telegroup v. Ballentine (1999)

• Hired by Telegroup as appellate counsel to vacate substantial arbitration award entered by arbitrator in employment agreement dispute. Persuaded district court to vacate arbitration award in its entirety. District Court for Jefferson County, Iowa.

Broussard v. Meineke Discount Muffler Shops (1998)

• Represented Meineke in appeal from judgment entered in action brought by franchisees to recover damages arising from client's alleged breach of franchise agreement; Fourth Circuit reversed plaintiffs' jury verdict of $390 million and case remanded to Western District of North Carolina. 155 F.3d 331 (4th Cir. 1998).

Henning v. Monsanto (1989)

• Products liability and negligence action brought by well owner for property damage and personal injury allegedly caused by PCB contamination. Case won in Wisconsin State Court.

Wisconsin v. Illinois ("Lake Diversion Case") (1980)

• Original jurisdiction proceeding in U.S. Supreme Court before Special Master Maris of Third Circuit (Philadelphia); plaintiffs represented by Attorneys General of seven Great Lakes States. Two-month bench trial regarding modification of formula for allowable diversion of Lake Michigan water by State of Illinois and Metropolitan Sanitary District of Greater Chicago; case won; 449 U.S. 48 (1980).

Steinbock-Sinclair v. Georgia-Pacific (1979)

• Breach of contract case; one-week jury trial, (Judge Bua, N.D.Ill.). Plaintiff sought $7 million damages and injunctive relief; jury awarded $25,000 (less than offer of judgment); injunctive relief denied.

Lake Michigan Allocation Hearing (1978)

• 18-month administrative hearing before Illinois Department of Transportation relating to allocation of Lake Michigan water among competing users. Successfully represented largest single user of water, Metropolitan Sanitary District of Greater Chicago, in obtaining requested water allocation.

Schiltz v. Bayer (1976)

• Represented Schlitz Brewery in successfully invalidating DEPC-use patents owned by Bayer based on its misuse. District Court for the District of Columbia.

Kirkland & Ellis LLP

• Associate, 1969–1972

• Partner, 1972–2009

• General Counsel, 2004–2013

• Of Counsel, 2009–Present