Richard P. Darke [ Partner ]
Duane Morris LLP
Suite 3700
190 South LaSalle Street
Chicago, IL 60603-3433
USA
Phone: 312.499.6743
Fax: 312.277.2355
Email:
RPDarke@duanemorris.com
Richard P. Darke practices in the areas of general commercial litigation, handling a broad range of matters for individuals as well as small to multinational corporations in both state and federal courts throughout the United States. He works with clients to resolve their business disputes in a cost-effective manner, whether through settlement or trial.
Mr. Darke has extensive experience in a broad array of complex litigation, handling matters concerning banking and securities law (including FINRA arbitrations and 10b(5) securities fraud claims); director and officer liability; antitrust violations; class action litigation (including health-care related claims, the Illinois Consumer Fraud Act, and Fair Debt Collection Practice Act); ANDA litigation; non-competition agreements and trade secret misappropriation; construction litigation; breach of contract; fraudulent transfers; eminent domain; and insurance coverage disputes. Mr. Darke also has considerable appellate experience and has successfully defended and prosecuted a variety of claims requesting injunctive relief.
Mr. Darke is member of the Illinois State Bar and he is admitted to practice before the Northern District of Illinois, including its Trial Bar, the Central District of Illinois, the Southern District of Indiana, and U.S. Court of Appeals for the Seventh Circuit. Mr. Darke is a 1998 graduate of the University of Michigan Law School and received his undergraduate degree from Western Michigan University, earning a B.B.A. in finance with a minor in Japanese sociology and language.
Areas of Practice
- Commercial Litigation
- Construction Litigation
Representative Matters
- Represented the owner of a music catalogue on an appeal from a State Court judgment, obtaining a reversal of money judgment and a private sale of client's business under the Illinois Uniform Commercial Code. Casablanca TRAX, Inc. v. TRAX Records, Inc., et. al., 383 Ill. App. 3d 183, 889 N.E.2d 1219 (1st Dist. 2008).
- 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 class action by obtaining summary judgment in their favor on claims that their billing procedures violated the Illinois Consumer Fraud and Deceptive Business Practices Act and gave rise to a claim for unjust enrichment.
- Defended a group of officers and directors of a Delaware corporation by obtaining summary judgment in their favor on breach of fiduciary duty claims seeking damages totaling in excess of $26 million.
- Obtained a $1.8 million judgment in favor of a multinational corporation for breach of contract and fraud.
Professional Activities
- American Bar Association
- Illinois State Bar Association
- The Chicago Bar Association
Admissions
- Illinois
- U. S. Court of Appeals for the Seventh Circuit
- 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
Education
- University of Michigan Law School, J.D., 1998
- Western Michigan University, B.B.A. in Finance, 1994
Selected 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

