Seth A. Gastwirth
Professional Profile
Seth Gastwirth is a litigation partner in Kirkland's Chicago office. He serves as trial counsel in commercial, class action, energy, intellectual property, product liability, consumer fraud, securities, corporate governance, bankruptcy and contract litigation in state and federal courts, arbitrations and administrative proceedings.
Selected as an "Illinois Rising Star" by Super Lawyers magazine, a publication of Key Professional Media, Inc. in 2010 and 2012.
Selected as one of 30 "Future Stars" in Illinois litigation by Benchmark Litigation in its 2009 publication of the "Definitive Guide to America's Leading Litigation Firms & Attorneys."
Representative Matters
Liberty Petroleum v. ExxonMobil, (Va. Cir. Ct): Second-chaired injunction trial for Exxon in Virginia state court in a breach of contract dispute. Following trial, court ruled in Exxon's favor on every element of injunction standard and denied injunction. Related arbitration against Exxon voluntarily dismissed in light of court findings.
ExxonMobil, et al. v. Prysmian Power Cables and Systems USA, LLC, et al., (S.D.N.Y.): Trial counsel for Exxon in dispute asserting breach of contract, products liability and breach of warranty claims relating to the supply and installation of submarine power cables.
Colella v. Chicago Title; Chultem v. Ticor Title Ins. Co., (Ill. Cir. Ct.): Trial counsel for Chicago Title and Ticor Title in putative statewide consumer class actions alleging violations under the Illinois Title Insurance Act and Illinois Consumer Fraud Act. Successfully defeated class certification motions.
Coll, et al. v. BP America Production Company et al., (E.D. Tex.): Trial counsel for BP America Production Co. in putative class action alleging that defendants failed to properly refund severance taxes withheld from royalty and working interest owners.
Dayton Superior Corp. v. Thumann,(Ia. Cir. Ct.): Lead trial counsel for Dayton, a leading supplier to the concrete industry, in lawsuit asserting claims against former employee for breach of non-disclosure and confidentiality agreements, misappropriation of trade secrets and breach of fiduciary duty.
City of Chicago v. Murphy/Jahn Inc., et al., (Ill Cir. Ct.): Trial counsel for SSAB Enterprises in lawsuits asserting breach of contract, breach of express and implied warranty, and implied indemnity claims concerning purportedly "defective steel" supplied by SSAB in connection with a construction project at O'Hare International Airport. Representing SSAB in court-ordered mediation proceedings.
City of Chicago v. Murphy/Jahn, Inc., et al.,(Ill. Cir. Ct.): Trial counsel for third-party defendant Skidmore, Owings & Merrill LLP in lawsuits asserting negligent misrepresentation claims against Skidmore stemming from an engineering peer review it performed in connection with a construction project at O'Hare International Airport. Following oral-argument on a motion to dismiss, achieved successful dismissal of all claims against Skidmore and ruling was not appealed.
Araujo v. McDonald's Corporation,(N.D. Ill.): Successfully represented McDonald's in federal lawsuits asserting wrongful termination, defamation and misrepresentation claims. Case dismissed following a series of motion to dismiss hearings.
Harris Bank v. PricewaterhouseCoopers LLP, (Ill. Cir. Ct): Represented PwC in lawsuit alleging negligence based on PwC's audit of a California technology company. Case settled on a favorable basis for client three weeks prior to trial.
Coram Healthcare Corp. v. PricewaterhouseCoopers LLP, (Ill. Cir. Ct): Trial counsel for PwC in lawsuit asserting professional negligence claims and seeking damages in excess of $300 million. Obtained complete defense verdict following a three-week jury trial.
Various v. First Horizon Asset Securities, Inc. and First Tennessee Bank, National Association: Trial counsel for First Tennessee and First Horizon in various lawsuits pending in California, Illinois and Ohio state courts that allege violations of state and federal securities laws stemming from the issuance of residential mortgage backed securities.
In re Tropicana Entertainment, (Bankr. D. Del.): Represented debtor Tropicana, a nationwide casino and resort business. Successfully defended Tropicana in trial of trustee motion brought by bondholders. Motion settled during trial without appointment of trustee.
Tronox Inc. et al. v. Anadarko Petroleum Corp and Kerr-McGee Corp., (S.D.N.Y.): Trial counsel for Tronox in major adversary proceeding against Kerr-McGee and Anadarko challenging Kerr-McGee's spin-off of Tronox as a fraudulent conveyance.
Pro Bono Clients
- Provide tax counseling and tax preparation services to low income families in the Chicagoland area in conjunction with the City-Wide Tax Assistance Program.
- Represented the Lower Manhattan Development Corporation in two disputes stemming from the administration of the World Trade Center Memorial Competition. Successfully argued an appeal before the New York Appellate Division - First Department.
Memberships & Affiliations
Member, Board of Directors, Ladder Up
Member, Board of Directors, Ravinia Associates
Seminars
Address to the National Oil and Gas Royalty Conference concerning recent litigation and court cases affecting royalty determination and payment, Houston, Texas, October 2011.
Publications
US Bill to Curb Online Downloading of Motion Pictures and Sound Recordings: The Artists' Rights and Theft Prevention Act of 2003, co-author with Adam I. Cohen, Esq., Global Intellectual Property Asset Management Report - World Trade Executive Publication, December 2003
"CARP" Sound Recording Royalty Rates for Radio or the Internet, co-author with Adam I. Cohen, Esq., Media Law Letter - Media Law Resource Center, December 2003
Prior Experience
Weil, Gotshal & Manges LLP, Litigation Associate (Summer 2002, 2003-2006)
Courts
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Seventh Circuit
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Northern District of Illinois (trial bar and general bar)
