Michael K. Sciaccotta

Michael has represented some of the world’s leading companies across industries, serving as trial and litigation counsel in complex commercial, bankruptcy and regulatory disputes, including the following representative matters:

• Dow Chemical Canada ULC v. Nova Chemicals Corporation: Represented The Dow Chemical Company in litigation brought by two subsidiaries against the operator and co-owner of an ethylene manufacturing facility in Alberta. Following months-long trial proceedings, secured a ten-figure damages award for Dow.
• Center for Breakthrough Medicines Holdings, LLC v. J. Brian O’Neill et al.: Represented SK Inc., SK Pharmteco and the Center for Breakthrough Medicines in multiple Delaware actions asserting breach-of-fiduciary-duty claims against a minority shareholder and disputes arising from the real-estate development surrounding a $1 billion-plus gene therapy manufacturing facility.
• Sun-Air of Scandinavia A/S v. Jet Support Services, Inc.: Represented a leading aviation maintenance and financial-support provider as defendant and counter-claimant in litigation brought by a European airline seeking tens of millions of dollars for alleged fraudulent inducement and breaches of contract, including improper termination.
• In re Yellow Corporation: Represented Yellow Corporation and certain affiliates in Chapter 11 proceedings in the U.S. Bankruptcy Court for the District of Delaware. Served as trial counsel in successfully defending against claims by the International Brotherhood of Teamsters and the International Association of Machinists seeking more than $200 million in WARN Act damages. After trial, the court issued a complete defense verdict.
• Private-Equity Litigation: Represented numerous private equity sponsors and their portfolio companies in confidential disputes involving purchase-price adjustments, earn-outs, valuation disagreements and employment-related litigation.
• Simon Property Group, L.P. v. The Gap, Inc.: Represented one of the world’s largest retail mall owners and operators in multiple breach-of-lease actions against commercial tenants who withheld tens of millions of dollars in rent in response to COVID-19-related closures and restrictions.*
• WEC 98C-2 LLC v Saks Incorporated: Represented a publicly traded REIT in a dispute involving a corporate guaranty of a commercial shopping-center lease. Prevailed at trial and obtained a multi-million-dollar judgment, including recovery of all costs and attorneys’ fees.*
• Klaas v Allstate Insurance Co.: Represented a leading national property and casualty insurer in consolidated ERISA class actions seeking reinstatement of retiree life-insurance benefits and alleging breaches of fiduciary duty. Obtained summary judgment on all claims, which was affirmed by the Eleventh Circuit.*
• A.F. Moore & Assocs. V. Pappas: Represented a group of Cook County commercial property owners in an equal-protection challenge seeking more than $27 million in property-tax refunds because their properties were assessed at significantly higher levels than those of other landowners in the same class. After dismissal in district court, secured a Seventh Circuit reversal, allowing the case to proceed as the first of its kind in federal court in Illinois.*
• Olean Wholesale Grocery Cooperative et al. v. Agri Stats et al.: Represented Farbest Foods, Inc., a major turkey producer, in a multi-defendant antitrust class action brought by direct purchasers alleging an unlawful information-sharing conspiracy to decrease production and increase prices in violation of the Sherman Act.*
• Cross-Border Anti-Corruption Investigation: Represented Fresenius Medical Care AG & Co. KGaA, a global health care and medical device company, in connection with parallel SEC and DOJ investigations into alleged FCPA violations across Asia, Africa, Europe and the Americas.*
• Dolin v. Smithkline Beecham Corp.: Represented GlaxoSmithKline in the first case ever tried under an “innovator liability” theory, involving claims for failure to warn, negligence and misrepresentation arising from the use of a generic version of the company’s antidepressant.*
• Sandee’s Catering v. Agri Stats et al.: Represented Farbest Foods, Inc. in an antitrust class action brought by commercial indirect and institutional purchasers of turkey products asserting federal and state price-fixing claims.*
• Restrictive Covenant Litigation: Represented the founder of a national HVAC company in litigation involving alleged breaches of non-compete and non-solicitation covenants by a former business partner.*
• Booker v. Hilton Management, LLC et al: Represented a global hotel chain in a putative class action alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) arising from employee fingerprint-based timekeeping systems.*
• Windy City Promotions v. Pace-O-Matic, Inc., et al.: Represented an electronic product-promotion kiosk distributor in litigation against a manufacturer and affiliates involving breach of an exclusive distribution agreement, non-payment of commissions and royalties, and fraud.*
• Confidential Internal Investigation: Conducted a substantial internal investigation into official and employee misconduct within a major U.S. city’s public school system.*
• AAA Gaming, LLC, et al. v. Midwest Electronics Gaming, LLC: Served as trial counsel for a national gaming company in federal court litigation asserting a multimillion-dollar claim for breach of a settlement agreement tied to a prior asset purchase transaction.*
• Magazine Publisher Class Actions: Represented Condé Nast, Hearst and other publishers in defending against multiple purported class actions asserting claims under various states’ right-of-publicity laws.*
• Watchfire Signs, LLC v. Cree Inc.: Represented a leading manufacturer of outdoor LED billboards and electronic signs in litigation alleging breach of warranty and fraudulent misrepresentation arising from defective LED components.*

*Matters handled prior to joining Kirkland.

Dentons US LLP

Michael dedicates significant time to community service and pro bono representation, including cases involving prisoner rights and wrongful convictions, achieving meaningful verdicts and settlements for his clients.