David J. Ogles
David Ogles is a partner in the Firm’s Litigation Group. David represents businesses in dispute resolution and litigation matters throughout the United States and is experienced both prosecuting and defending actions for business clients in federal, state, and bankruptcy courts as well as arbitrations and mediations. After graduating from the University of Chicago Law School with High Honors, David began his career as a complex litigation associate at Kirkland & Ellis LLP, where he played leading roles in high-stakes matters. Since joining Fox Swibel, David has served as lead counsel on numerous litigation and dispute resolution matters on behalf of his business clients. David was recognized by Best Lawyers in 2022 and 2023 for the “Ones to Watch” award in the field of commercial litigation, and has developed a reputation as a trusted legal strategist and skilled negotiator.
Supply Chain / Termination Disputes. David is experienced in litigating disputes involving manufacturers and others in the same supply chain, such as those between and among distributors, retailers, equipment suppliers, sales representatives, and upstream component manufacturers. By zooming out of the narrow issue and developing a picture of how it affects the greater whole, he helps his clients identify and navigate business risks, priorities, and pain points in order to best advance their overall interests in the litigation.
Commercial Contracts / Settlement. David serves as outside general counsel for several businesses, advising management and directors on corporate governance, legal options to achieve business goals, legal strategy, risk mitigation, and other topics. As part of that role, David often works closely with business personnel to identify and mitigate material risks, including to draft or revise company contracts, forms, and policies.
Insurance Coverage and Indemnity. David is a skilled insurance coverage attorney who has obtained successful outcomes for clients whose insurers have denied their insurance claims and has substantial experience engaging with third-party insurance companies whose funds and consent are necessary to facilitate resolution.
Bankruptcy and Fraudulent Transfer. David serves as litigation counsel in bankruptcy and adversary proceedings, including fraudulent transfer and preference actions. David also leverages this experience in traditional litigation for business plaintiffs in order to analyze collectability and identify other potentially responsible parties.
David regularly represents manufacturers and other commercial enterprises and has a long track record of success helping his clients obtain a substantial return on their legal investment.
- Lead counsel for plaintiff business seeking recovery in multi-million-dollar breach of contract claim arising from defendant’s failure to timely perform marketing services. Resulted in successful mediation prior to filing suit.
- Lead counsel defending client business against Title VII gender discrimination, retaliation, Illinois Wage Act claims, and investigating counterclaims against the plaintiffs. Resulted in confidential settlement prior to discovery phase.
- Lead counsel defending major manufacturer in pending litigation matters including warranty, construction, and indemnity disputes.
- Lead substitute counsel to prosecute claims by manufacturer against a sub-component manufacturer overseas. Resulted in confidential settlement prior to summary judgment.
- Lead counsel defending sales representative business in fraud action brought by former import/export client in Illinois state court. Resulted in successful mediation prior to discovery phase.
- Lead counsel defending software company in pending federal litigation where defendant independent sales organization asserts claims for wrongful termination and breach of non-solicitation clause.
- Second-chair arbitration defending custom contract manufacturer of medical devices in sales commission dispute with terminated sales rep. Arbitrator awarded small fraction of claimed commissions.
- Defend title insurance company in bench trial regarding alleged fraudulent transfer and alter ego claims arising from acquisition of client’s competitor, and in which the plaintiff sought $80 million in damages. Complete defense verdict on fraudulent transfer claims, and summary judgment for defendant on remaining claims.
- Arbitration defending professional equipment manufacturer against claims brought by distributor for wrongful termination and TRO. Resulted in confidential settlement with no injunctive relief awarded.
- Defend employee of aftermarket automotive parts client in action asserted by client’s competitor for trade secret and breach of non-solicitation clause. Action dismissed with prejudice.
- Prosecute claims for retailer in pending litigation against software implementation company asserting arising from overruns and delays compared to initial estimated complete dates. Defeated motion to dismiss complaint, resulting in survival of breach of contract and fraud claims.
- Prosecute claims for national grocery chain in lease dispute arising from overcharged property taxes. Resulted in refund of all amounts claimed.
- Defend major restaurant chain in consumer fraud action based upon alleged pricing practices. Prevailed on motion to dismiss.
- Defend major restaurant chain in declaratory judgment action by franchisee alleging wrongful termination. Prevailed in motion for judgment on the pleadings.
- Defended business offering communications services to Cook County jails, in action asserted by losing bidder in Illinois chancery court alleging alleged irregularities and misstatements during procurement process. First-chaired argument for client on TRO and motions to dismiss. TRO denied, client’s motion to dismiss granted.
- Prosecuted claims on behalf of automobile dealer against automobile manufacturer alleging a nationwide scheme to falsify sales numbers in exchange for kickbacks to client’s competitors. Resulted in confidential settlement.
- Defend online travel platform in claims by local taxing authority that platform was liable for unpaid entertainment taxes allegedly owed by homeowners advertising through the platform. Prevailed on summary judgment.
- Prosecute luxury hotel chain in coverage dispute with insurance company on claim for embezzled funds, leading to offensive summary judgment on issue of coverage and confidential settlement on quantum.
- Prosecute claims for equipment reseller in coverage dispute with insurance company on claim for value of stolen equipment, leading to offensive summary judgment on issue of coverage and confidential settlement on quantum.
- Defend insurance broker in professional negligence matter seeking more than
- $1 billion arising from alleged gap in coverage for Hurricane Katrina. Resulted in confidential settlement.
- Defend seller in M&A deal alleging breach of contract in connection with sharing transaction tax benefits.
- Defend major pharmaceutical company in toxic tort mass action.
Since 2022, David has been selected for inclusion in The Best Lawyers: Ones to Watch© in the field of Commercial Litigation.
- “Life during (and after) Wartime: Enforceability of Waivers under the Uniformed Services Employment and Reemployment Rights Act,” Comment, 79 U. of Chi. L. Rev. 387 (2012)
- Professional’s Committee at Shriver Center on Poverty Law Settlement Assistance Program through Chicago Lawyer’s Committee for Civil Rights Member, 7th Circuit Bar Association
- Settlement Assistance Program through Chicago Lawyer’s Committee for Civil Rights
- Member, 7th Circuit Bar Association