| ISSUE
EXPERIENCE: |
 General Commercial and Contractual Disputes: Ms. Adler has represented businesses in a variety of contractual disputes arising, for example, from distribution contracts, purchase agreements, licensing agreements, and acquisition agreements. Her experience in complex litigation has included a wide variety of procedural issues and devices, such as discovery from overseas parties for domestic litigation, the use of case management techniques such as bellwether cases, motions to transfer for lack of jurisdiction or to a more convenient forum, and expedited and emergency proceedings.
Consumer Disputes: Ms. Adler has considerable experience in defending individual and class claims asserted on behalf of consumers. She defends statutory actions arising under both state and federal consumer protection laws, such as the Uniform Commercial Code, Magnuson-Moss Warranty Act, the Illinois Consumer Fraud Act, the Fair Credit Reporting Act, the Truth in Lending Act, the Equal Credit Opportunity Act, and the federal Telephone Consumer Protection Act, as well as common law claims arising in tort, contract, or alleged fraud. See, e.g., Perry v. First National Bank , 2005 U.S. Dist. Lexis 23100 (N.D. Ill. 2005) (dismissing putative class action under FCRA).
Insurance coverage: Ms. Adler represents commercial policyholders in disputes over insurance coverage. She successfully represented policyholders in two of the leading cases establishing insurance for asbestos-related claims, U.S. Gypsum v. Admiral, 643 N.E.2d 1226 (Ill. App. 1st Dist. 1994), and U.S.F. & G. v. Wilkin Insulation Co ., 578 N.E.2d 926 (Ill. 1991). She also counsels policyholders and litigates coverage for D&O, ERISA, intellectual property, employment, environmental, latex allergy, commercial credit, civil rights, and assorted other commercial claims. See, e.g., Nvidia Corp. v. Federal Ins. Co., 2005 WL 2230190 (N.D. Ill. 2005) (insurer had duty to defend tortious interference claims that included allegations of defamation, covered under the policy).
Alternate Dispute Resolution: Ms. Adler is experienced in representing businesses in arbitration proceedings, as well as litigating motions to compel arbitration and to enforce arbitration awards. She also has represented businesses in non-binding mediations.
Employment Matters: Ms. Adler has tried cases and handled appeals involving enforcement of restrictive covenants, misappropriation of trade secrets, breaches of fiduciary duties, and related doctrines involving the departure of employees and break-up of businesses. She represented Banc One Securities Corp. in a lawsuit against five former employees who departed to join Smith Barney. She also represented a computer re-seller in all phases of a series of lawsuits against former employees whose subsequent activities on behalf of competitors were in violation of their employment contracts.
Ms. Adler has defended employers in suits arising under federal employment statutes (including Title VII, the Equal Pay Act, and ADEA) both at the agency and court level, and defended employment-related claims arising under common law state doctrines, including claims for breach of contract, retaliatory discharge, infliction of emotional distress, and defamation. See, e.g., Dunlap v. Alcuin Montessori School , 298 Ill. App. 3d 329, 698 N.E.2d 574 (1st Dist.), app. denied , 179 Ill. 2d 580, 705 N.E.2d 436 (1998) (reversing plaintiff's verdict on breach of employment contract, affirming dismissal of defamation claims).
Intellectual Property: Ms. Adler has both prosecuted and defended claims of trademark, copyright and patent infringement. See, e.g., Okor v. Atari Games Corp. , 2002 U.S. Dist. LEXIS 7809 (D. Mass. 2002) (summary judgment for clients-defendants in suit for patent infringement); RWT Corp. v. Wonderware Corp. 931 F. Supp. 583 (N.D. Ill. 1996) (denying preliminary injunction against client-defendant accused of trademark infringement).
Defamation: Ms. Adler has successfully defended businesses in a number of suits alleging defamation. See, e.g., Thermal Management, Inc. v. Coactive Networks , 108 F. Supp. 2d 1029 (N.D. Ill. 2000) (denying statute of limitations motion) (subsequently dismissed based on innocent construction rule); Dubrovin v. Marshall Field's & Co. Employees' Credit Union , 180 Ill. App. 3d 992, 536 N.E.2d 800 (1 st Dist. 1989) (affirming dismissal based on innocent construction rule).
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| PROFESSIONAL
ACTIVITIES: |
Ms. Adler frequently
writes and speaks on subjects relating to commercial litigation,
including:
"Class
Acts: The Stage of Things to Come in Defending Class Actions,"
(PriceWaterhouseCoopers General Counsel Forum, Chicago, Nov. 2003)
(with Kevin Duff).
“Insurance Coverage for Mold Claims Under Third Party Liability Policies,” in Water Intrusion & Mold Claims (Sterling Education Services, Chicago, IL, June 9, 2004) (article and oral seminar).
"Pursuing
Insurance Coverage for Mold and 'Sick Building' Claims Under Traditional
Liability Policies: Recent Developments in Applying the Pollution
Exclusion," 12 Coverage No. 2 (March/ April 2002)
(also presented at ABA Section of Litigation Insurance Coverage
Committee, 2002 midyear meeting).
"Putting
Out and Preventing Fires: Prosecuting, Defending, and Anticipating
Emergency Litigation" (PriceWaterhouseCoopers General Counsel
Forum, Chicago, June 2001) (with Kevin Duff).
"Insurance
Coverage 101 for Policyholders: The Basics of General Liability
Policies,"11 Coverage No. 4, 22 (July/Aug. 2001) (also
presented at ABA Section of Litigation Insurance Coverage Committee,
2001 midyear meeting).
"Lessons Learned from the Bills (Clinton and Gates): When the
CEO is Deposed" (PriceWaterhouseCoopers General Counsel Forum,
Chicago, June 1999).
"Legal Issues Involved in Long-Tail Insurance Disputes"
(Mealey's Publications, Chicago, 1997).
"An
Overview of the Law of Privilege for Practitioners in Illinois"
(Chi. Bar Ass'n 1997).
"The Attorney-Client Privilege within the Corporation"
(Price Waterhouse General Counsel Forum, Chicago, December 1996).
"Appellate Advocacy and Complex Insurance Coverage Disputes,"
in Trying Insurance Coverage Disputes (Law Journal Seminars Press
N.Y. June 1995).
From July 2000 to 2002,
Ms. Adler was the Co-Chair of the Practices and Procedures Subcommittee
of the ABA's Insurance Coverage Committee of the Section on Litigation.
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| BAR ADMISSIONS: |
Illinois, 1982.
United States District Court for the Northern District of Illinois, General Bar 1982, Trial Bar 1991.
United States Court of Appeals for the Seventh Circuit, 1985.
United States Supreme Court, 1986.
United States Court of Appeals for the Fifth Circuit, 1986.
United States Court of Appeals for the Sixth Circuit, 1988
United States District Court for the Central District of Illinois, 1999.
United States Court of Appeals for the Federal Circuit, 2001.
United States District Court for the Northern District of Indiana, 2004.
Pro Hac Vice admissions to state courts in California, Indiana, Kentucky, and Michigan; federal district courts in Arkansas, Massachusetts, and Ohio.
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