LARRY FOGEL is a partner in the Chicago office. His practice focuses on the representation of major corporations, small companies and individuals in commercial litigation and white collar matters. Larry has represented clients in a diverse range of civil litigation at the trial and appellate levels in federal and state courts, including matters involving breach of contract, securities class actions and consumer class actions. Larry’s white collar experience includes representing clients in connection with government enforcement actions and conducting internal investigations.
Representative matters include:
- Represented Las Vegas Sands Corporation in defense of federal securities litigation in the U.S. District Court for the District of Nevada and successfully obtained summary judgment, which was affirmed by the U.S. Court of Appeals for the Ninth Circuit.
- Represented public company in bringing a breach of contract claim against a counterparty in the U.S. District Court for the District of Delaware.
- Represented Elaine Wynn in litigation against Steve Wynn and Wynn Resorts, Ltd. alleging breach of a shareholder agreement, breach of fiduciary duty and other business tort claims.
- Represented healthcare technology company and successfully defeated class certification in putative class action brought under the Telephone Consumer Protection Act (TCPA) in the U.S. District Court for the Northern District of Illinois.
- Representing clients in non-public government investigations, including before the DOJ, SEC and CFTC.
- Representing clients in internal investigations concerning allegations of fraud, insider trading and other wrongdoing.
- Secured dismissal of a putative securities class action against a multinational quick service restaurant company in the U.S. District Court for the Western District of Kentucky, which was affirmed by the U.S. Court of Appeals for the Sixth Circuit.
- Represented Chicago Loop Parking LLC (an asset owned by Morgan Stanley Infrastructure Partners) in an arbitration resulting in a $62 million judgment in favor of our client, which was contested in the Circuit Court of Cook County and affirmed by the Illinois Appellate Court.
- Secured dismissal of a putative securities class action against former officers and director of a coal company in the U.S. District Court for the Eastern District of Missouri, which was affirmed by the U.S. Court of Appeals for the Eighth Circuit.
- Represented an issuer and officers and directors in a putative Section 11 class action in the U.S. District Court for the Northern District of Illinois, and in a shareholder derivative action in Illinois state court.
Larry’s litigation experience includes taking and defending depositions; preparing expert and fact witnesses to testify before regulators, at deposition and at trial; examining witnesses at trial; and drafting pleadings, dispositive motions and appellate briefs. Larry also has experience in working with expert witnesses, including regulatory and damages experts; opposing class certification; responding to regulatory subpoenas; and managing large-scale electronic discovery.