Jeffrey H. Bergman

Jeff is a partner in the Litigation Department and his practice focuses on business and bankruptcy litigation.

In recent matters Jeff has:

• Successfully defended the former CEO of a bankrupt Chicago-area public company in shareholder class action alleging securities fraud, and in breach of fiduciary duty suit brought by the bankruptcy estate that sought to recover over $400 million in damages.
• Lead debtor’s counsel in successful chapter 11 bankruptcy of substantial Illinois automobile parts manufacturer.
• Successfully defended an Italian complex machinery manufacturer in a federal action brought by a U.S. customer who alleged fraud and breaches of performance warranties, and claimed over $20 million in damages.
• Represented president of profitable division of large bankrupt manufacturer in dispute concerning assumption and assignment of his employment contract to the purchaser of the debtor’s assets.
• Won an award in an American Arbitration Association proceeding in favor of a seller of a business on claims brought by the buyer of fraud and breaches of warranties in the purchase and sale agreement. The buyer had sought $3.5 million for diminished value of the business, plus $10 million in punitive damages.
• Successfully defended a beer importer in a federal jury trial in which a rival sought significant damages and attorneys’ fees for alleged tortious interference with its contract with a German brewery, violations of the Sherman Act, and violations of Florida’s beer distributors’ franchise act.
• Won a jury verdict in favor of a national wholesale distributor of office products in a federal lawsuit brought by a former customer who claimed that the defendant’s sudden suspension of its credit accommodations drove it out of business and sought over $3.5 million in damages.
• Won a jury verdict in favor of a corporate defendant in a breach of contract action in the Circuit Court of Cook County alleging breach of a $2.6 million contract for the construction of a gas turbine electricity self-generation system.
• Won an award for the purchaser of a direct mail marketing company in an American Arbitration Association proceeding in which the seller sought $1.2 million in additional earnout compensation, and the purchaser sought the refund of a $500,000 earnout advance.
• Represented two ERISA plans sponsored by a Chicago-area public company in a federal trial of their breach of fiduciary duty claims against a large Chicago bank, arising out of the bank’s administration of a joint trust that invested approximately $3 million of plan assets in commercial real estate.
• Successfully defended a multi-employer welfare benefit plan against an ERISA action brought by its largest participant seeking to block enforcement of the plan’s $1.4 million special assessment.