Our Attorneys

Erik J. Ives

Erik Ives is Managing Partner of the firm, Chair of the Litigation Group, and a member of the firm’s Employment Law Group. His practice involves representing clients in all phases of commercial litigation at the trial and appellate levels in federal and state courts, as well as in arbitration proceedings. This includes representative cases involving breach of contract; breach of fiduciary duty; fraud; trade secrets and restrictive covenant claims; minority shareholder disputes; business divorce disputes; employment-related actions; insurance coverage disputes; commercial landlord-tenant disputes; class and collective actions; negligence claims; privacy claims; antitrust; investment and securities actions; and white-collar claims and investigations. Erik also has experience representing clients in a broad range of litigation-related bankruptcy proceedings. Among Erik’s other areas of focus, he has:

• Significant experience representing companies in litigation and resolution of commercial disputes involving a broad range of underlying claims across numerous jurisdictions.

• Significant experience representing companies and executives in the negotiation, documentation and enforcement of employment contracts, including with respect to confidentiality, non-solicitation, non-compete and restrictive covenant agreements.

• Significant experience representing commercial property owners in a variety of real estate disputes, including breach of contract cases, forcible entry and detainer actions, contractor and mechanic’s lien claims, and post-judgment collection proceedings.

In addition to his litigation practice, Erik serves as lead outside counsel for a number of start-ups, emerging growth and middle-market companies operating in a broad range of industries. In this capacity, Erik routinely provides representation and counseling to clients in a wide variety of commercial, contracting and employment-related matters.

Erik also maintains a great level of knowledge and experience with all aspects of electronic discovery. Pursuant to this knowledge, he has counseled corporate clients on how to efficiently and effectively manage e-discovery risks and obligations, develop applicable e-discovery policies and procedures, and successfully navigate all phases of discovery in commercial litigation.

• Obtained summary judgment, complete dismissal, and affirmance by First District Appellate Court for private detective agency against alleged privacy torts.
• Representation and counseling of multiple start-ups, emerging growth and middle market companies in the role of lead outside counsel in a wide variety of commercial, contracting and employment-related matters.
• Represented multiple companies and former employees in actions related to the enforcement of post-employment restrictive covenants (including successful prosecutions of and defenses against emergency motions for temporary restraining orders), with claims involving non-competition, non-solicitation, confidentiality and trade secrets provisions.
• Represented commercial property owners in a variety of real estate disputes, including breach of contract cases, forcible entry and detainer (eviction) actions, and post-judgment collection proceedings.
• Representation of multiple companies in defending against minority shareholder/member actions, and representation of multiple minority shareholders/members in prosecution of the same.
• Represented publicly traded technology company in federal lawsuit against competitor in the wireless networking industry arising from the competitor’s unauthorized development, marketing, licensing and sale of software products for use on the company’s devices in violation of applicable law, which claims were resolved through favorable settlement following denial of defendant’s motion to dismiss and successful initial discovery efforts.
• Representation of emerging company in multiple American Arbitration Association (AAA) proceedings against former CEO/founder and former CFO for breach of contractual obligations and fiduciary duties arising from their provision of false and misleading financial information, misappropriation of funds and other breaches, which claims were resolved via favorable settlement agreements.
• Represented global trading firm and its founder in prosecution of claims against former employee, including representation across multiple proceedings arising in federal and state courts related to the underlying dispute in which our clients successfully obtained judgment on claims arising from the former employee’s breach of confidential settlement agreement, prosecuted claims arising in post-judgment enforcement proceedings, and obtained dismissal of all counterclaims alleged by former employee.
• Represented affiliates of litigation finance provider in multiple bankruptcy disputes arising with respect to the distribution of litigation proceeds.
• Defended Fortune 500 department store chain against nationwide class action claims alleging consumer fraud and breach of warranty arising from the sale of certain products, resolved through a favorable settlement prior to trial.
• Representation of global single-source warranty provider in connection with the defense and/or prosecution of multiple commercial litigation matters.
• Defended CEO of asset management firm against securities and investment claims brought by former employees against the company and certain board members. Along with co- counsel for the company and other board members, successfully obtained dismissal of all claims with prejudice at motion to dismiss stage, and affirmation of dismissal on appeal before the United States Court of Appeals for the Seventh Circuit.
• Defended investment fund manager and individual director/principal against investor’s claims for breach of contract, breach of fiduciary duty and fraud, resolved through favorable settlement in mediation.
• Represented aviation company in action against former officer related to his embezzlement of funds and usurpation of corporate opportunities, resolved through a favorable settlement prior to trial.
• Defended mid-size bank in action brought by loan participant related to the bank’s sale of foreclosed property. Obtained dismissal of claims seeking injunctive relief to enjoin the pending sale, and favorable settlement of remaining claims.
• Represented former executive in action against publicly traded aerospace company involving multiple claims related to wrongful forfeiture of employment benefits and discrimination claims. Also represented former executive and additional former employees (and their current employer) in defending against alleged counterclaims arising from formation and operation of a start-up aerospace company.
• Successfully defended major insurance institution in negligence action related to the issuance of variable annuity contracts by obtaining dismissal at pleading stage.
• Represented big-four accounting firm in defending against multiple wage and hour class and collective actions, which included coordinating affirmative and defensive discovery (including large-scale document and ESI production) and drafting successful summary judgment filings resulting in dismissal of claims (subsequently affirmed on appeal to the United States Court of Appeals for the Second Circuit).
• Represented Fortune 100 food company in summary judgment, pre-trial and five-month bench trial proceedings defending against federal and state tort and environmental claims. Pre-trial and summary judgment motion practice resulted in successful dismissal of $1.6 billion damage claims. Also represented client as co-author of brief in successful opposition to appeal of interlocutory order to the United States Court of Appeals for the Tenth Circuit.
• Represented multiple pharmaceutical and medical device manufacturers in internal and federal investigations and qui tam litigation regarding alleged False Claims Act (FCA) and Foreign Corrupt Practices Act (FCPA) violations.
• Co-author of amicus brief for the National Association of Bankruptcy Trustees in support of the prevailing appellant in seminal case of first impression before the United States Court of Appeals for the Fourth Circuit on interpretation of Bankruptcy Code trustee compensation provisions, with published opinion adopting amicus position and reasoning in full located at In re Rowe, 750 F.3d 392 (4th Cir. 2014).

• “Fourth Circuit Confirms Commission-Based Formula for Trustee Compensation,” National Association of Bankruptcy Trustees – N. Neville Reid and contributing author Erik J. Ives
• “At-Will Employment Not Enough: Two Years Of Continued Employment Or Additional Consideration Needed To Enforce Restrictive Covenants,” Client Alert – Erik J. Ives and Brian J. Wilson
• “The Evolving Ethics of E-Discovery: Raising the Bar for Counsel” – Colleen M. Kenney, Jeffrey C. Sharer, Donovan S. Borvan, and contributing authors Erik Ives and Justin C. From

• Innovation in E-Discovery Conference 2018, Lead Panelist for N.D. Ill. Mandatory Initial Discovery Pilot Program, Seventh Circuit Pilot Program Projects, and Federal Rules Amendment Sessions