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Steven L. Vanderporten

Bio

Steven L. Vanderporten is a partner in the Litigation Law Group. With more than a decade of experience as a litigator, Steven has represented large and middle market companies, closely held businesses, and individuals and executives in a wide array of matters, including: breach of contract, fraud, and business tort claims; business divorce, shareholder derivative, shareholder oppression, and breach of fiduciary duty litigation; class actions in state and federal courts; restrictive covenant and trade secret disputes; defamation, false advertising, and unfair competition claims; commercial foreclosures and conflicts arising in the context of bankruptcies and receiverships.

Steven has also represented numerous companies from inception, and he served as outside general counsel for these entities through their growth and development, providing advice on corporate formation and governance issues, intellectual property protection, and restrictive covenant and employment issues, among other issues. Steven also advises law firms on ethical rules affecting day-to-day operations, conflicts of interest, and attorney separation matters.

Steven’s exposure to a diverse range of practice areas has enabled him to identify and implement creative litigation strategies and solutions. While Steven works closely with his clients to achieve business-friendly resolutions to most commercial disputes, where necessary, Steven has tried cases to verdict in courts and arbitration forums throughout the country, and accordingly he is comfortable in the courtroom setting and speaking before a jury.

Steven has frequently been invited to appear in local media to comment on important legal matters.

He has been named as a Super Lawyer-Rising Star in the area of Business Litigation every year since 2017 and has been recognized as a “One’s to Watch” by Best Lawyers Magazine.

Steven received his J.D. from Georgetown University Law Center and his B.A. from the University of Wisconsin – Madison. During law school, Steven worked for the criminal division of the United States Department of Justice (USDOJ) in Washington D.C. and served as a judicial extern to the Honorable Jeffrey Cole in the United States District for the Northern District of Illinois.

Steven resides in Glenview, Illinois with his wife, who is also an attorney, and their two sons.

Experience

Trial and Arbitration Experience:

  • Co-first chaired defense of a Fin-Tech startup in final arbitration hearing in claim brought by client’s former Vice-President. Steven presented key witnesses during the week-long arbitration, which resulted in a 24-page reasoned decision awarding a complete judgment in his client’s favor.
  • Second chaired a breach of contract and contract reformation jury trial, defending one of the largest food companies in the world against claims made by a foreign supplier. During the trial, Steven argued motions in limine and jury instructions and cross-examined key witnesses.
  • Second chaired a four-week premises liability wrongful death jury trial out of state involving novel theories of exposure to contaminants and liability. During the trial, Steven cross-examined expert witnesses retained by adverse party.
  • Second chaired a breach of contract bench trial and obtained a not guilty verdict on behalf of a medical device manufacturer.

Litigation Experience:

  • Won partial summary judgment in a Telephone Consumer Protection Act (TCPA) case, which decision was one of the first in the country to apply a Federal Communications Commission (FCC) agency waiver as a matter of law to dispose of claims based on improper opt-out notices appearing on fax advertisements.
  • Successfully obtained a dismissal with prejudice for an accounting firm alleged to have committed professional malpractice by arguing that the firm did not owe a legal duty to the plaintiffs under the Illinois Public Accounting Act and Illinois common law.
  • Defeated class certification under Rule 23 at the pleadings stage based on a Motion to Strike the proposed class definition, after which the class action was voluntarily dismissed.
  • Obtained dismissal at pleadings stage of a shareholder derivative claim brought by a disgruntled minority interest holder based on lack of standing.
  • Obtained summary judgment on behalf of a plaintiff in a false advertising case filed under the Lanham Act based on a competitor’s false and misleading statements about his client’s products.
  • Defended one of the largest grocery chains in federal court against claims brought under the Perishable Agricultural Commodities Act (PACA), resulting in the PACA claim being voluntarily non-suited.
  • Assisted with briefing opposition to Petition Rule to Show Cause and Motion for Sanctions based on client’s decision to place foreign company which was the subject of litigation in the United States into bankruptcy protection in the United Kingdom, which involved complex issues relating to cross-border insolvency, comity, and the scope of injunctive relief under Federal Rule 65.
  • Successfully defeated Petition to Vacate judgment based on allegations of fraudulent concealment in case involving the breach of a settlement agreement by a commodities trading firm’s former executive.
  • Secured a royalty-based settlement at mediation for a startup whose trade secrets and confidential information were misappropriated by a larger competitor.
  • Represented high-ranking executive in dispute over whether lucrative executive compensation package could be characterized as non-marital property under premarital agreement.

Business Divorce:

  • Resolved membership dispute over apportionment of liability following post-dissolution class action claims filed against limited liability company for violating the Illinois Consumer Fraud Act
  • Successfully intervened in Illinois chancery proceeding on behalf of minority shareholders in Delaware corporation for purposes of asserting individualized, direct harms suffered due to misappropriation by dominating shareholder.
  • Resolved a closely held business dispute over a two-day settlement conference, wherein members of an LLC divided in excess of $20 million in real estate held across multiple corporate entities, each with different operating agreements and ownership structures.
  • Counseled attorneys through contentious departure from law firm for purposes of forming new firm.

Transactional Engagements;

  • Assist law firms with drafting engagement agreements and other internal documents needed for operation of law firm.
  • Drafted Finder’s Fee Agreement for broker of relationship between seller and buyer of cannabis dispensary.
  • Prosecuting numerous trademark applications before the USPTO.
  • Drafted several Trademark License Agreements for a clothing supplier licensing a desirable trademark to several licensees.
  • Drafted Master Services Agreement outlining the back-end software design and development of an e-commerce platform.
  • Drafted LLC Resolutions to facilitate the resolution of a complex closely held business dispute involving real estate held by nine different corporate entities.
Reported Opinions
Reported Decisions
Achievements
  • Since 2017, Steven has been selected to the list of Illinois Rising Stars, a list published by Super Lawyers, in the area of Business Litigation. Rising Stars is an exclusive list of top-rated attorneys in specific practice areas who were chosen after thorough evaluation of numerous criteria.
  • Best Lawyers: Ones to Watch, 2024-2025
Publications
  • “Ten Things Associates Should Know about Preparing for Trial,” Decalogue Society, The Decalogue Tablets; a list and analysis of the top ten items of importance for associates assisting with a trial. The items included making a Trial Checklist, drafting Motions in Limine, creating an Exhibit List, using Demonstrative Exhibits, utilizing Trial Support companies, working with Live Witnesses, developing Impeachment Materials, and other tips, Co-Author, 2018
Speaking Engagements
  • “Anatomy of a Trial,” Financial Poise; this webinar focused on the “nuts and bots” of a civil trial. Panelists discussed witness preparation, the selection and presentation of exhibits, motions in limine, opening statements, direct and cross-examination, and closing arguments. Panelist, 2024.
  • “Federal Rules of Civil Procedure Refresher,” Financial Poise; this webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. Panelist, 2023.
  • “FTC Moves to ban workplace non-compete agreements,” Fox 32 Chicago; news media segment focusing on Federal Trade Commission’s (FTC) rule to ban non-compete agreements. Guest, 2023.
  • “Legal implications of women coming out against popular Chicago radio host,” Fox 32 Chicago; news media segment focusing on the implication of additional victims of sexual harassment speaking out against a high-profile media figure and the admissibility of various complaints in court. Guest, 2021.
  • “Non-Disclosure agreements: What are they and who do they protect?,” Fox 32 Chicago; news media segment focusing on sexual harassment allegations against high-profile media figures and the enforceability of non-disclosure agreements. Guest, 2021.
  • “Know Your Options Small Business Forum: Business Interruption Insurance Claims” Presentation before the Chambers of Commerce of Evanston, Skokie, Lincolnwood, Morton Grove, and Wheeling; webinar focused on insurance claims for lost revenue, contract and lease enforcement, penalties for violating “stay at home” orders, changes in employment law, and other topical legal issues following COVID-19 pandemic and affiliated shutdowns.  Panelist, 2020.
  • “Know Your Options Small Business Forum: Insurance Claims for Lost Revenue, Government Loans and Grants, and other Legal Options in the Face of Coronavirus,” Presentation before businesses in the City of Chicago’s 25th Ward; webinar focused on insurance claims for lost revenue, contract and lease enforcement, penalties for violating “stay at home” orders, changes in employment law, and other topical legal issues following COVID-19 pandemic and affiliated shutdowns.  Panelist, 2020.
  • “Small businesses cling to life amid statewide shutdown,” Fox 32 Chicago; news media segment focused on how small businesses were grappling with COVID-19 pandemic regulations, force majeure clauses, and business interruption insurance.  Guest, 2020.
  • “Anatomy of a Medical Malpractice Trial,” Chicago Bar Association (CBA), a seminar which examined the complexities of trying a medical malpractice case, depositions of treating physicians, and damages. Panelists included two Circuit Court of Cook County judges, three plaintiffs attorneys, and two defense attorneys. Organizer, 2018.
  • “Recent Trends in False Advertising Law,” Defense Research Institute (DRI) Annual Meeting; this presentation focused on false advertising cases brought under the Lanham Act, including claims based on the false designation of geographic origin, and the Federal Trade Commission’s increased scrutiny of “Made in the USA” claims. Speaker, 2017.
  • “Nuts and Bolts,” Class Action Lawsuits in Federal Court, Illinois MCLE; Presentation about class action lawsuits in federal court and the class certification process under Rule 23 of the Federal Rules of Civil Procedure, Speaker 2016.
  • “Procedural Issues Arising out of Aviation Accidents,” inaugural Aviation Practice Group Meeting at prior law firm; Presented holdings of cases and analysis of courts deciding procedural issues, including personal jurisdiction, venue, and choice of law, arising out of aviation accidents where injured passengers resided in differing locations, Speaker, 2015.
Civic and Professional Activities
  • North Suburban Bar Association, Board of Directors
  • Chicago Bar Association (Co-Chair of Commercial Litigation Committee, Tort Litigation Committee, Young Lawyers Division)
  • Defense Research Institute (DRI) (Associate Liaison, Commercial Litigation Committee)
Reported Cases
  • Underground Sols., Inc. v. Palermo, 188 F.Supp.3d 717 (N.D. Ill. 2016) (won plaintiff’s-side summary judgment on liability establishing no genuine issue of material fact over whether competitor’s paid spokesperson made literally false statements about client’s PVC pipe)
Education

• Georgetown University Law Center, J.D.
• University of Wisconsin – Madison

Recent Publications

2025 Super Lawyers & Rising Stars

Fox Swibel is pleased to announce that over one third of our partners have been selected to the 2025 Illinois Super Lawyers list, and six attorneys have been selected to the 2025 Illinois Rising Stars list.  In addition, this year ...
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Best Lawyers in America© 2025

Fox Swibel is proud to announce nineteen attorneys have been named in the 2025 Edition of The Best Lawyers in America©, the oldest, most respected peer-review publication in the legal profession, accounting for over a third of our attorneys. Please join us ...
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2024 Super Lawyers & Rising Stars

Fox Swibel is pleased to announce that over one third of our partners have been selected to the 2024 Illinois Super Lawyers list, and five attorneys have been selected to the 2024 Illinois Rising Stars list.  In addition, this year ...
Read More

Best Lawyers in America© 2024

Fox Swibel is proud to announce twenty-one attorneys have been named in the 2024 Edition of The Best Lawyers in America©, the oldest, most respected peer-review publication in the legal profession, accounting for over a third of our attorneys. Please ...
Read More

Fox Swibel Makes Three New Promotions

Fox Swibel is pleased to announce the promotion of Jean Gallo Wine to Capital Partner.  We are also pleased to announce the promotions of Scott Schonfeld and Steve Vanderporten to Partner. “It is with great pleasure that I announce the ...
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