Mark Premo-Hopkins, P.C.

Commercial Cases

• Endless River Tech. v. TransUnion (N.D. Ohio): Hired by TransUnion as lead trial counsel in months leading up to federal jury trial, after court issued adverse ruling at summary judgment in $150 million+ business dispute arising from jointly-developed online software platform. After substantially limiting verdict damages at trial, and successfully winning dismissal of five claims before the jury rendered its verdict, ultimately won zero damages judgment for TransUnion on all claims through post-trial motions. 
• In re Bracket Holding Corp. Litigation (Del. Sup. Ct.): Won $100 million+ fraud judgment in jury trial as co-lead counsel for plaintiff Bracket Holding Corp. The jury found defendants committed fraud in selling a clinical trial software business by misrepresenting the financial condition of the company, causing Bracket to overpay for the company and suffer a substantial shortfall in working capital.
• Plastic Reclamation Partners v. MRC Polymers (Ill. Cir. Ct.): Hired as lead trial counsel for plaintiff Plastic Reclamation Partners after close of fact discovery in dispute alleging sellers committed fraud in sale of plastic recycling technology. Representation ongoing.
  
• Adviser Investments v. Powell (Del. Sup. Ct.; Del. Ch.): Lead counsel for plaintiff, Adviser Investments, in dispute alleging seller committed fraud in sale of investment advisory business. Representation ongoing.
  
• Alfieri Frank v. Alfieri (N.J.; AAA): Lead counsel for plaintiff, trustee of a family real estate trust, in dispute alleging breach of contract, breach of fiduciary duties and fraud related to mishandling of trust interests in $1 billion+ real estate empire. Representation ongoing.
• Confidential Computer Hardware Arbitration (AAA): Won confidential award as lead trial counsel for plaintiff technology company in dispute over supply agreement.
• Confidential Crop Protection Arbitration (AAA): Won confidential award as lead trial counsel for plaintiff agrichemical company in dispute over R&D joint venture.
• iBio v. Fraunhofer (Del. Ch.): Lead trial counsel for plaintiff iBio, Inc. in dispute alleging former development partner secretly used iBio’s plant-based protein technology, breaching its contracts with iBio and willfully misappropriating trade secrets. Case settled favorably on the eve of trial.
• DaVita Healthcare vs. Baxter Healthcare (Colo. Dist. Ct.): Trial counsel for Baxter Healthcare in breach of contract suit over dialysis supplies. Reduced Baxter’s potential damage exposure by 97% at summary judgment and won dismissal of treble damages claim. Case settled favorably between closing argument and court ruling.
• Citadel vs. Malyshev (Ill. Cir. Ct.; AAA): Litigation counsel for Citadel LLC in preliminary injunction and related arbitration against former employees who formed competing electronic trading firm. Won preliminary injunction enforcing non-compete agreements, $2.2 million in sanctions for destruction of evidence and arbitration award.
• AbbVie v. Williams (Ill. Cir. Ct.): Trial counsel for AbbVie Inc. Won temporary restraining order and preliminary injunction against former employee who secretly joined competing pharmaceutical company. After a one week-long evidentiary hearing, the court granted AbbVie’s requested preliminary injunction in full barring defendant’s employment at competitor.
• APTIM Corp. v. Allied Power Mgmt. (N.D. Ill.; E.D. La.): Litigation counsel for Allied Power in case brought by energy services competitor alleging theft of confidential information and unfair business practices. During deposition discovery, sought and won a stay of the preliminary injunction proceeding on behalf of Allied. Case settled favorably during stay.
• BankDirect v. Capital Premium Financing (N.D. Ill.): Lead counsel for Capital Premium Financing in breach of contract/trade secret dispute related to marketing and funding of insurance premium finance products, and option to purchase Capital Premium’s business. Case settled favorably after winning sanctions ruling from magistrate.

Mass Tort/Product Liability Cases

• Exactech Polyethylene Orthopedic Device Litigation (MDL): Counsel for TPG Inc. in nationwide mass tort alleging TPG portfolio company, Exactech, designed and manufactured defective knee, hip and ankle implants. Representation ongoing.
• 3M Earplug Litigation (MDL): Lead trial counsel in multiple bellwether trials where plaintiff alleged that defective ear plugs caused servicemen and women to suffer hearing injuries.
• In re Paraquat Products Liability Litigation (MDL) (S.D. Ill.): Trial counsel for Syngenta in nationwide mass tort suits alleging exposure to herbicide caused farmers to develop Parkinson’s Disease.
• In re Heparin Products Liability Litigation (N.D. Ohio; Ill. St. Ct.): Trial counsel for Baxter Healthcare in nationwide mass tort suits regarding contaminated heparin. Obtained dismissal of hundreds of cases on summary judgment. Three-week jury trial of bellwether case resulted in verdict totaling less than 5% of plaintiff’s requested damages.
• Dow Louisiana Groundwater Litigation (La. Dist. Ct; La. Ct. App.; La.): Represented Dow Chemical Company in class action seeking additional remediation of groundwater in aquifer. After a five-week trial, the court adopted Dow’s existing clean up plan and rejected plaintiffs’ claims for $130 million pump-and-treat remedy.

Antitrust Cases

• Universal Hospital Services vs. Hill-Rom Company (W.D. Tex.): Litigation counsel for Hill-Rom Company in antitrust monopolization suit challenging Hill-Rom’s contracts for the sale of hospital beds and rental of hospital equipment to group purchasing organizations. Case settled favorably during expert discovery.
• In re Plasma Derivative Protein Therapies Litigation (N.D. Ill.): Litigation counsel for Baxter Healthcare in antitrust class actions alleging an agreement to restrict output of plasma therapies. Obtained dismissal of secondary purchaser suit on pleadings, later settled. Direct purchaser suit settled favorably during class-certification briefing.

Pro Bono Cases

• Monroe v. Ill. Dept. Corrections (S.D. Ill.): Counsel for statewide Illinois class of transgender prisoners in Section 1983 action. Won permanent injunction against Illinois Department of Corrections (IDOC) officials for ongoing violations of transgender prisoners’ constitutional rights, including illegal strip searches, as well as repeated misdiagnoses and deliberate indifference towards serious medical conditions. Court issued immediate oral ruling at close of trial, followed by a written ruling in what is recognized as the first instance of injunctive relief granted on behalf of a certified class of transgender inmates in the United States.