Richard P. Darke focuses his practice in complex commercial litigation. Mr. Darke has represented business entities and individuals in a broad array of complex litigation, including matters concerning securities laws; Chapter 11 bankruptcy claims; class action litigation defense; consumer lending litigation; intellectual property disputes; internet privacy issues; trademark violations; lender liability; director and officer liability; antitrust violations; breach of contract; fraud; fraudulent and preferential transfers; and insurance coverage disputes. Mr. Darke has substantial trial experience, having represented clients in numerous jury and bench trials in state and federal courts.

Areas of Practice

• Commercial and Securities Litigation
• Consumer Lending Litigation
• Bankruptcy Litigation
• Class Action and Antitrust Litigation
• Insurance Litigation

Representative Matters

• Obtained jury verdict for two individuals who had been wrongfully sued for breach of a residential real estate contract and common law fraud after a two-and-a-half-week jury trial in Cook County, Illinois.
• Obtained judgment in favor of two individuals and against a Chicago attorney for violation of the Illinois Residential Real Property Disclosure Act after a lengthy bench trial, because the attorney misrepresented the condition of her home during an attempted sale of the home to our clients.
• Defended objection filed by national bank against a proposed plan of reorganization submitted by the bankrupt debtor, a local residential real estate developer, during a five-day bench trial, resulting in a savings to the bank in excess of $20 million in assets.
• Handled adversary complaint brought by national bank against chapter 11 bankruptcy debtor for fraudulent and preferential transfers of 20 parcels of real estate located throughout Illinois.
• Defended objection filed by national bank against a plan of confirmation filed by debtor in the U.S. Bankruptcy Court for the Northern District of Illinois in a two-day bench trial concerning the valuation of a wastewater treatment facility.
• Defended chapter 11 debtor's request for extension of automatic stay to principals of debtor during three-day bench trial in the U.S. Bankruptcy Court for the Northern District of Illinois.
• Assisted in the representation of the National Association of Chain Drug Stores and local associations in the prosecution of numerous claims asserted against government officials in various states to declare measures to reduce Medicaid and Medicare reimbursements unlawful and in violation of the Supremacy Clause of the U.S. Constitution and to enjoin their enforcement.
• Represented the owners of a music catalogue on appeal from a state court judgment of approximately $500,000 entered in favor of a Canadian corporation for breach of a joint-venture agreement and which judgment confirmed the sale of the music catalogue to a private party under Article 9 of the Uniform Commercial Code, obtaining a reversal of judgment and UCC sale.
• Represented property owner against a title insurance company, obtaining summary judgment obligating the title insurer to defend the owner against claims in both an arbitration proceeding and foreclosure action.
• Defended a group of clinical pathologists in a consumer class action by obtaining summary judgment in their favor on claims that their billing procedures violated the Illinois Consumer Fraud Act and gave rise to a claim for unjust enrichment.
• Defended a group of officers and directors of a Delaware corporation in an action brought by the bankruptcy trustee for the Central District of Illinois in a chapter 11 bankruptcy adversary proceeding. Obtained summary judgment in their favor on breach of fiduciary duty claims seeking damages totaling in excess of $26 million.
• Obtained and collected a $1.8 million judgment in favor of a multinational corporation for breach of contract and fraud against local distributor of the corporation's products and services.
• Obtained dismissal of consumer class action against a national debt collector for alleged violations of the federal Fair Debt Collection Practices Act.
• Obtained dismissal of a consumer class action brought against local and national banks that alleged violations of the Illinois Interest Act and the Illinois Consumer Fraud Act and Deceptive Business Practices Act.
• Obtained permanent injunction in favor of a mortgage-foreclosure law firm against various individuals who filed fraudulent UCC financing statements and maritime liens against the law firm and individuals working for the firm.
• Obtained injunction against Illinois municipality and in favor of a mobile-management company as a result of the municipality's arbitrary and capricious enforcement of county and state regulations.
• Obtained injunction for multinational corporation against former employee for violation of a noncompete, nonsolicitation agreement and the Illinois Trade Secrets Act.

Admissions

• Illinois
• Supreme Court of the United States
• U.S. Court of Appeals for the Seventh Circuit
• U.S. District Court for the Northern District of Illinois
• Trial Bar of the U.S. District Court for the Northern District of Illinois
• U.S. District Court for the Central District of Illinois
• U.S. District Court for the Southern District of Indiana
• U.S. Court of Appeals for the Ninth Circuit

Education

• University of Michigan Law School, J.D., 1998
• Western Michigan University, B.B.A. in Finance with a minor in Japanese sociology and language, 1994

Other Experience

• Duane Morris LLP
  - Partner, 2009-present
  - Associate, 2003-2008
• Quarles & Brady, LLC, Chicago, Illinois
  - Associate, 2002-2003
• Schwartz, Cooper, Greenberger & Krauss, Chartered, Chicago, Illinois
  - Associate, 1998-2002

Professional Activities

• American Bar Association
• Illinois State Bar Association
• The Chicago Bar Association

Honors / Awards

• Named an Illinois Leading Lawyer, 2013
• Named 2011 Illinois Rising Star by Super Lawyers. Only 2.5 percent of lawyers in Illinois are named Rising Stars.
• 2009 recipient of the Group Award For Excellence in Pro Bono Service from the Judges of the U.S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association

Publications

• "All About Noncompetes: Agreements Aren't Enforceable in Every State," Modern Physician, April 2006
• "Illinois Latest State to Respond to Kelo Decision," Duane Morris Alert, September 5, 2006
• "A Year of Some Judicial Surprises," National Law Journal, May 3, 2004