Michael Rachlis is a partner in the firm of Rachlis Duff Adler & Peel, LLC.  He has experience in complex commercial litigation, including various types of contractual disputes, class actions, shareholder derivative suits, insurance coverage actions, intellectual property disputes, partnership and joint venture disputes, disputes involving a wide variety of the financial instruments and various areas of the financial industry, and a variety of land use questions.   Many of these disputes involved seeking or defending against emergency, injunctive relief, and have been in state, federal courts and alternate dispute resolution forums across the country.        

Experience

• Commercial and Contract Matters
• Class Action and Consumer Litigation
• Employment Disputes
• Land Use Issues
• Constitutional and Other Disputes

Commercial and Contract Matters: 

Mr. Rachlis has extensive experience in commercial and contractual matters.  Mr. Rachlis successfully prosecuted an action through expedited trial and appeal on behalf of an AutoNation, Inc. affiliated entity whereby a multi-million dollar transaction was allowed to proceed in tact, including a critical option to purchase land which the defendant-owner sought to nullify.   In Broadmark Capital Corp. v. GlobalNet, Inc., 169 F. Supp. 2d 873 (N.D. Ill. 2001), he obtained judgment on the pleadings in favor of a client/investment banking firm on a contractual claim for a finder’s fee for introducing a third-party investor.  Mr. Rachlis represented Tennessee Gas Pipeline Company in a contractual dispute involving operations of a gas processing plant in Southern Louisiana. 

Class Action and Consumer Litigation: 

Mr. Rachlis has defended several class actions and shareholder derivative suits.  Mr. Rachlis successfully represented Verex Assurance Inc. in both the trial and appellate court in a class action brought by mortgage insurance holders arising out of Verex’s practice of not refunding unearned premiums under $25 on mortgage guaranty insurance.  See Linda Greene Peleschak, et al. v. Verex Assurance Inc., 651 N.E.2d 562 (Ill. App. 1st Dist. 1995).  Mr. Rachlis defended Transmedia Networks Inc. against claims arising under TILA and ICFA by customers of a discount dining card.  He represents AutoNation Inc. in various consumer suits brought under the U.C.C., ICFA, and federal Magnuson-Moss Warranty Act.  Mr. Rachlis also defended Sears Roebuck & Co. in numerous class actions and derivative suits arising from allegations of fraudulent auto repairs by a California regulatory agency.

Employment Disputes: 

• Mr. Rachlis has extensive experience in employment litigation, including representation of individuals seeking compensation under various employment contracts, as well as claims arising under Title VII, ADEA, and the ADA, as well as state law claims arising in contract and tort.  For example, Mr. Rachlis represented the former chief executive officer of a publically traded company in an arbitration seeking past compensation and stock leading to seven figure settlement shortly after the arbitration trial began.

• Mr. Rachlis currently serves as employment and labor counsel to the AutoNation Inc. in the handling of administrative complaints, as well as employment counsel to the Millard Group, which has included defending the employer against charges of discrimination and assisting the employer in codifying written work rules.

• Related to this practice, Mr. Rachlis has represented employers and employees in various restrictive covenant suits, implicating areas of fiduciary duties, trade secret and confidentiality issues.  

Insurance Coverage: 

• Mr. Rachlis has practiced in the area of insurance coverage.  For example, Mr. Rachlis represented Riley Stoker Corporation in an insurance coverage action against U.S.F.G, where Riley Stoker successfully obtained a multimillion dollar judgment affirmed on appeal.  Mr. Rachlis also represented Montgomery Ward & Co. in insurance coverage actions in both California and Illinois, leading to successful resolutions for policy holders in published decisions. 

Land Use Issues: 

• Mr. Rachlis has extensive experience on litigation matters involving issues of real estate transfers and land use issues.  For instance, Mr. Rachlis defended AutoNation against a claim seeking an order of specific performance to convey a 30-acre tract of commercial realty that AutoNation has contracted to sell to another party.  Mr. Rachlis is currently representing a large commercial waste disposal service in conjunction with its efforts to rescind the purchase of certain commercial property.

• Mr. Rachlis has extensive practice on land use issues, particularly involving issues of historic preservation.  Mr. Rachlis has worked with various individuals, groups, public officials and others on such questions, and appeared before various tribunals (preservation commissions, zoning boards, village boards, city councils, state and federal courts) on such matters, including arguing before the Illinois Supreme Court on issues involving the constitutionality of the renovation and ownership of Soldier Field.  

Constitutional and Other Disputes: 

• Mr. Rachlis has experience in litigating disputes implicating due process and other constitutional issues in a variety of contexts.  For instance, Mr. Rachlis has prosecuted Section 1981 and Section 1983 actions on behalf of various individuals.

• Mr. Rachlis, was part of a large trial team (he represented an individual family member) in an action brought in Boston federal court against the United States that led to over a $100 million verdict (upheld on appeal) that went to four individuals and their families who were wrongfully convicted for a 1965 gangland murder in Boston.