Michael P. Foradas, P.C. 
Professional Profile
Michael P. Foradas has been a litigation partner in Kirkland's Chicago office since 1987 and is a member of the firm's Management Committee. He has broad trial and appellate experience in all aspects of major case litigation, including commercial, insurance coverage, mass tort and product liability and shareholder litigation in federal and state courts in Illinois, California, Massachusetts, Michigan, New York, Pennsylvania, Oregon, Texas, and other jurisdictions. Chambers and Partners named Michael a "Star Individual" in its 2010 Chambers USA guide in the area of insurance coverage litigation, noting that clients have praised his "fantastic tactical ability."
Representative Matters
Commercial Litigation:
Citadel Investment Group v. Teza Technologies (current)
Representing Citadel in theft of trade secret and breach of non-compete litgation involving former employees who formed a competing high frequency trading business.
Obtained preliminary injunction in October 2009 against defendats to prevent violation of non-compete agreements.
Arbitration on remaining claims scheduled for August 2010.
Rohm & Hass Chemical Company v. The Dow Chemical Company, et al. (2009)
Represented Dow in lawsuit filed in Delaware Chancery court alleging that Dow breached merger agreement to acquire Rohm and Haas for $15 billion in cash plus other consideration.
Case filed on January 26, 2009 with expedited one-week trial set to commence March 9, 2009; case settled on first day of trial for reduction in cash consideration to be paid by Dow.
Abbott Laboratories v. Illinois National Insurance Company (2008-2009)
Represented Abbott in commercial arbitration for breach of contract in multimillion dollar premium dispute over settlements of directors and officers litigation.
Arbitrator ruled for client Abbott following two-day trial, granting full amount of disputed premium and awarding Abbott attorneys' fees.
Cytologix Corp. v. Ventana Medical (2006-2008)
Represented Ventana Medical, manufacturer of high-tech medical diagnostic equipment, in patent, antitrust and trade secret litigation filed in Massachussets federal court.
Assumed representation from prior firm after adverse finding on liability for patent claims.
Verdict for Ventana in summer 2007 on antitrust claims following three-week jury trial; patent damages held to ten percent of plaintiff's demand. Settled on appeal.
Rush Simonson v. Citadel Investment Group et al. (2006-2007)
Represented $12 billion hedge fund and investment company in connection with claims against client for theft of trade secrets, business opportunity and other business torts.
Dismissed with prejudice by plaintiff with letter of apology to client.
Praxair v. Union Carbide Corp., et al. (2004-08)
Represented Dow in litigation over right asserted by former affiliate to proceeds resulting from demutualization of Prudential Insurance Company.
All claims dismissed on summary judgment for Dow.
U.S. Steel v. Republic Engineered Products (2004)
Represented Republic in arbitration trial over long term coke supply contract.
Complete victory for client following expedited discovery and week-long trial.
Grimes v. Gulf Telephone (1999‑2000)
Represented Gulf Telephone in ERISA class action over transaction involving sale of business and resulting claims by ESOP participants alleging undervaluation of shares.
Settled after filing of motion to dismiss for fraction of class‑wide exposure.
In Re EduServ (1992)
Commercial arbitration against seller of business for breach of seller's representations and warranties.
Arbitration award for full loss suffered by client.
Mass Tort and Products Liability:
Rohm and Haas Brain Cancer Litigation (current)
Representing Rohm and Haas in multiple cases alleging brain cancer caused by exposure to vinyl chloride. The cases involve (1) residents of a small town in northern Illinois who claim exposure through air and groundwater; and (2) employees of Rohm and Haas who claim workplace exposure. The first case, Branham v. Rohm and Haas, is scheduled for trial in September 2010 in state court in Philadelphia.
Dow Louisiana Groundwater Litigation (current)
Representing Dow in two class action lawsuits involving alleged property damage from asserted chlorinated solvent exposure. Medical monitoring claims have been dismissed. Trial set for January 2011.
Dow Chemical Premises Asbestos Litigation (current)
Representing Dow as National Coordinating Counsel in premises asbestos litigation throughout the United States.
Vedict for Dow in February 2009 following seven day jury trial in Texas state court on asbestos premesis case. (Case successfully tried by another Kirkland partner after Dow asked me to step into another matter on an emergency basis three days before trial)
Verdict for Dow in January 2008 following three-week jury trial in Texas state court.
Dow DBCP Litigation (current)
Representing Dow as in mass tort claims pending in California and Florida, brought by Latin American workers for personal injuries as a result of exposure to Dow's DBCP product.
Dismissal of plaintiffs' attempt to enforce $400 million Nicaraguan judgment affirmed by Ninth Circuit; sanctions awarded against plaintiffs' counsel for filing frivolous appeal.
Judgment on plaintiff's attempt to enforce a $97 million Nicraguan judgment following week-long evidentiary trial in federal court in Miami. Appeal before Eleventh Circuit pending.
June et al. v. Union Carbide (2004-2009)
Representing Union Carbide in Colorado federal lawsuit by more than 200 plaintiffs alleging various personal injuries arising out of Union Carbide's operation of uranium mining and milling operations in Western Colorado.
Dismissed on summary judgment. Affirmed by Tenth Circuit.
Ebling v. Dow AgroSciences (2008-2009)
Represented Dow AgroSciences in Indiana state court personal injury lawsuit involving serious brain injuries to two siblings allegedly caused by exposure to client's pesticide. Damages claim exceeded $100 million.
Settled prior to trial.
Senn v. Alcon Laboratories (1994)
Two‑week jury trial in Oregon state court in products liability action alleging that "off‑label" use of Alcon drug caused plaintiff's permanent paralysis.
Settled after close of evidence for fraction of plaintiff's pre‑trial demand.
Insurance Coverage:
Union Carbide v. Affiliated Insurance et al. (current)
Representing Union Carbide in New York state court insurance coverage litigation against over fifty insurers relating to insurer liability for all of Union Carbide's underlying asbestos products liability and premesis liability claims.
General Motors v. XL Insurance (2004-2007)
Represented General Motors in arbitration under English Arbitration Act for insurance coverage relating to $103 million underlying product liability judgment rendered in Florida state court.
Settled on favorable terms on eve of trial in May 2007.
Republic Engineered Products (2004-2006)
Represented specialty steel company in Ohio state court litigation filed in connection with business interruption claim resulting from total loss of blast furnace.
Settled on favorable terms shortly after trial date set.
Milwaukee Brewers Baseball Club (2004)
Represented Milwaukee Brewers Baseball Club in connection with business interruption claim relating to year-long delay in opening of Miller Park because of construction accident.
Settled on favorable terms during claims investigation stage without litigation.
Pittway Corp. et al. v. Liberty Mutual (2001‑04)
Represented Pittway and former subsidiary, Saddlebrook Resorts, in insurance Illinois federal court coverage litigation concerning property damage allegedly caused by resort development.
Settled after several day jury trial for amount in excess of actual damages.
The Dow Chemical Company v. Aetna, et al. (1993‑99)
Eleven‑week federal court jury trial for Dow in Michigan federal court against multiple insurers involving coverage for numerous Dow environmental sites.
Settled prior to closing arguments for amount substantially in excess of client's pretrial projections.
Alcon Laboratories v. Transamerica, et al. (1997‑99)
Represented Alcon in Texas state court products liability insurance coverage litigation relating to opthamologic contrast medium.
Settled on eve of trial for amounts substantially in excess of client's pretrial projections.
Dow Corning Corporation v. Hartford, et al. (1995‑96)
Represented Dow Corning in Michigan state court against approximately 100 insurers involving coverage for Dow Corning's silicone gel breast implants.
Judgment for more than $100 million entered in 1992 against Dow's insurers; settled on appeal.
Memberships & Affiliations
Metropolitan Family Services of Chicago, Board Member (2004 to date)
Kenilworth Assembly Hall Association, Vice President (2005), President (2006-07)
Other Distinctions
Member, firm Management Committee.
Past Vice-Chair, firm Litigation Management Committee.
Past Chair, firm Associate Review and Recruiting Committees.
Selected as one of the Best Lawyers in America in the area of business litigation from 2004-2009.
Named by Chambers USA in the “first rank” for insurance coverage litigation from 2003-2009 and as a "Star Individual" in 2010.
Named to Leading Lawyers Network in area of commercial litigation through peer review survey in 2003-2009.
Selected as Illinois “Superlawyer” in 2006-2009; Top 100 Illinois Business Lawyer 2009.
Member, Board of Editors, Insurance Coverage Law Bulletin, 2001-2007.
Publications
Some Sobering Facts About Equitas and The Potential Ramifications for Policyholders, March 2002 issue of Insurance Coverage Law Bulletin, published by the Law Journal Newsletters.
A Policyholder's Common-Sense Approach to Business Interruption Claims, February 2004 issue of Insurance Coverage Law Bulletin.
