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Mr. Gale's practice focuses on litigation matters, with an emphasis on consumer financial services, commercial litigation, products liability, intellectual property and class action defense. He has tried cases before judges, juries, and arbitrators on matters related to mass torts, intellectual property, antitrust, unfair competition, securities fraud, and bankruptcy.
Mr. Gale was selected as an Illinois Super Lawyer for 2007 (earned by 5% of Illinois lawyers) by Law and Politics and the publishers of Chicago magazine in General Litigation. (The Illinois Supreme Court does not recognize certifications of specialties, nor are specialty certifications required to practice law.)
Prior to joining Dykema, Mr. Gale was a partner with Kirkland & Ellis LLP, where he practiced for 18 years.
Experience
Mr. Gale's representative matters include the following:
Consumer Financial Services
Lead counsel in defense of multiple class actions alleging credit discrimination in violation of Equal Credit Opportunity Act and Fair Housing Act.
Trial counsel in various putative class actions alleging violations of Fair Credit Reporting Act, Truth in Lending Act and other consumer lending statutes.
Trial counsel in putative class action suit alleging improper appraisal practices. Case pending.
Commercial
Trial counsel in a series of lawsuits filed in bankruptcy of major airline seeking clarification that repayment of certain bond obligations cannot be "rent" pursuant to the Bankruptcy Code. Over $1.7 billion in debt at issue. Summary judgment awarded to client in three of four cases, and to opponents in fourth case. Judgments upheld on appeal.
Trial counsel in bankruptcy of major airline to bar enforcement of cross-default provision in lease at hub airport. Cross-default ruled unenforceable.
Trial counsel for satellite television provider in breach of contract action against supplier of foreign-language programming. After two-week arbitration before three retired federal judges, client won and was awarded several million dollars.
Defended substantial trade libel suit brought by former employee and his affiliated companies. Lead counsel; won complete summary judgment for client.
Trial counsel for defendant in action related to failure of plaintiff nursing home operator. Judgment for client on fraud count; on breach of fiduciary duty, jury awarded less than 1% of damages sought.
Products
Representing several automotive manufacturers in personal injury matters alleging defects in design and/or manufacturing.
Represented cigarette manufacturer in smoking and health litigation, focused primarily on cases brought by third-parties paying for the health care of groups that include smokers. Concentration on scientific issues, particularly pharmacology and smoker behavior. Participated in jury trials brought by state attorney general (settled before verdict) and by a class of union health and welfare funds (defense verdict).
Intellectual Property
Trial counsel for defendant engineering consulting company and its principals in suit against engine manufacturer regarding ownership of technology for fuel injectors used in diesel engines. Allegations include trade secret misappropriation, breach of joint development agreement, and conversion. Plaintiff prevailed at initial trial; jury awarded less than 5% of damages originally sought. Jury verdict reversed on appeal to Federal Circuit. On retrial, client prevailed on majority of causes of action, including all claims seeking damages.
Represented supplier of business-to-business marketing information in suit against company that expropriated client's master list. One of three trial counsel; won preliminary injunction for client on copyright infringement grounds after two-day hearing. Converted preliminary relief to permanent injunction in client's favor.
Trial counsel for large financial institution in copyright infringement litigation set for trial in Fall 2007.
Antitrust
Trial counsel for defendant retailer/maintainer of storage disks for mainframe computers in Kodak aftermarket monopolization action (Sherman Act, Section 2). At trial, plaintiff sought $78 million after trebling. Following a three-month trial, jury deliberated for two days and returned a defense verdict.
Assumed defense of antitrust tying and monopolization case. Prepared plan for transition from existing counsel, took key fact and expert depositions, and conceived summary judgment argument to attack damage claim. After expert discovery, case settled on terms favorable to client.
Securities Fraud
Represented plaintiff corporations in securities fraud and breach of fiduciary duties suit against major defense contractor and its directors. One of two trial counsel. Clients awarded $30 million after twelve-day jury trial.
Represented asphalt refiner and certain of its officers and directors in securities fraud class action, and SEC and FBI investigations, based on financial irregularities committed by former Chief Financial Officer. Conducted internal investigation, together with Big Four accounting firm, to ascertain nature and extent of financial irregularities. Class action settled with minimal contribution by client company and no contribution by individual clients; SEC consent decree included no monetary penalty to clients.
Pro Bono
Counsel to several individuals seeking asylum in United States and/or naturalization as United States citizen. Argued naturalization case of first impression to U.S. Court of Appeals, 7th Circuit.
Counsel to groups appointed by, respectively, the Mayor and the Police Commission of Los Angeles to study: (i) the allegedly excessive use of force by the Los Angeles Police Department in the wake of the Rodney King incident; and (ii) the LAPD's response to the April 1992 riots.
Professional Associations
Member, Litigation Advisory Committee, National Immigrant Justice Center (NIJC)
Awards
Named 2007 Super Lawyer by Law & Politics and Chicago Magazine in General Litigation category.
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