Morsch Color

Practice:

Antitrust and Competition Law, Class Actions, Commercial Litigation, and Insurance

Experience:

For more than 20 years, Jim has been a commercial litigator focusing on complex and high-stakes litigation.  Among other clients, he represents insurance companies in disputes with other insurers and policyholders. 

During his career, Jim has developed broad experience in commercial litigation including areas such as class actions, trade secret and restrictive covenants, unfair competition and distribution disputes, and injunctions.  He has a national reputation for his counsel to opt-out plaintiffs in significant antitrust cases.  Jim has been repeatedly cited as a leader in antitrust litigation by Illinois Super Lawyers and he was named as a leader in antitrust law in The Best Lawyers in America.  And, as part of the Law Bulletin Publishing Group’s 2015 survey of the top lawyers in the state, Jim was designated a “Leading Lawyer” in Illinois in Antitrust Law, Commercial Litigation, Insurance, Insurance Coverage and Reinsurance Law, and Trade Secrets/Unfair Competition Law.  In addition, he won the Client Choice – USA & Canada 2014 award in Insurance & Reinsurance – Illinois.

Representative Matters:

Jim has represented clients in significant cases during his career including achieving successful results in:

  • Sliwinski/Interplex (Ill.):  represent excess carrier in connection with additional insured status of insured in connection with personal injury claim brought by employee of contractor.
  • Indiana Insurance v. CE Design (Ill., MA and WI): represent primary carrier in coverage dispute related to certified class action alleging violations of the Telephone Consumer Protection Act.
  • CPC v. High Ridge Brands (Ill.): successfully represented consumer products company in commercial replevin action against toll manufacturer.
  • AIG v. ACE, et al. (N.D. Ill.): served as lead counsel in case involving allegations of decades-long fraud on workers compensation residual markets by leading insurer.
  • Dardick v. FDIC (N.D. Ill.): successfully represented FDIC contractor in connection with dispute over shut-down of failed financial institution.
  • P.H. Int’l v. Christia Confezioni (N.D. Ill.): successfully defended luxury goods manufacturer in dealer termination litigation involving claims of breach of contract, tortious interference and conspiracy.
  • Motorola Mobility, Inc. v. AU Optronics, et al. (N.D. Ill.): currently defending manufacturer in opt-out case alleging price-fixing conspiracy in the LCD industry and raising novel issues regarding scope of the U.S. antitrust laws.
  • In re Aftermarket Filters Antitrust Litigation (N.D. Ill.): represent and successfully settle class action against client in auto filters industry.
  • In re Linerboard Antitrust Litigation (E.D. PA): represented corrugated purchaser in opt-out case challenging coordinated restrictions on linerboard supply.
  • Last Atlantis v. CBOT (N.D. Ill.): defended market-maker in case alleging antitrust conspiracy and securities violations in options market.
  • In re Vitamins Antitrust Litigation (D.D.C.): represented pet food company in recovery of damages in international price-fixing case.
  • Treadco v. Bandag (American Arbitration Association): represented franchisee in bet-the-company case against franchisor.
  • Bank One Dealer Litigation (American Arbitration Association): represented franchisee in price discrimination, breach of the duty of good faith and fair dealing, and tortious interference claim brought against its supplier.
  • Venzor v. Don King Productions (N.D. Ill.): represented promoter in RICO and consumer fraud case relating to boxing match.
  • In re Fruit of the Loom (D.N.J.): prosecuted adversary proceeding on behalf of debtor against former executive.
  • Liggett Tobacco Litigation (N.D. Ill.): represented manufacturer in RICO conspiracy and consumer fraud cases.
  • Antler v. Brookdale (Ill.): represented life care facility in class action for consumer fraud and violation of the Chicago Residential Landlord Tenant Ordinance.
  • State of Illinois v. Nicor et al (Ill.): represented contractor in all aspects of civil litigation involving indemnity obligations, violations of the environmental protection act and common law nuisance.
  • Harter v. Auto Europe (Ill.): represented car rental provider in class action alleging deceptive advertising and violations of consumer fraud act.

Bar Admissions:

Jim is a trial attorney admitted to practice in Illinois, the U.S. District Court for the Northern District of Illinois, the 7th Circuit Court of Appeals, the Eastern District of Wisconsin, the Western District of Michigan, and several other federal district and appellate courts. He litigates in state and federal courts outside the State of Illinois and serves as outside counsel to several Fortune 500 companies, trade groups, and small businesses. Jim frequently resolves cases through mediation and/or arbitration.

Memberships:

Chicago Bar Association
American Bar Association, Antitrust Section
Institute for Consumer Antitrust Studies, Advisory Council
Fellow, American Bar Foundation

Community Involvement:

Jim is the firm’s Pro Bono Director and has leadership roles in numerous pro bono and charitable organizations including the National Immigrant Justice Center, the Pro Bono Initiative and the Chicago Bar Foundation. In 2009, he was awarded the Midwest Light of Human Rights Award by Heartland Alliance’s National Immigrant Justice Center. In 2011, Jim was awarded the Barristers Philanthropic Award by Lawyers Lend-A-Hand to Youth.

Articles:

Speeches:

Speaker, Public Interest Law Initiative Law Firm Pro Bono Roundtable

Speaker, Antitrust and Distribution Webinar for Fortune 500 Client 

Commentator, 14th Annual Loyola Antitrust Colloquium

Faculty Member, AIRROC Negotiation Workshop

Update on Recent Legal Developments, IAIR & AIRROC Joint Issues Forum

Antitrust Class Actions: Post-Italian Colors Developments, Law Seminars International’s 3d Annual Comprehensive Conference on Litigating Class Actions

Legal Do’s and Don’ts for Entrepreneurs, Northwestern University Kellogg School of Management Alumni Club of Chicago

The Law Firm Insiders’ View of Giving to Legal Aid, Management Information Exchange

Immigration for the Non-Immigrant Lawyer: Asylum, Chicago Bar Association

Proof of Conspiracy and Summary Judgment, Loyola Institute for Consumer Antitrust Studies Program on Matsushita at 20: Proof of Conspiracy, Summary Judgment, and the Role of the Economist

Initiating Revenue Producing Litigation in Your Role as a Corporate Steward, ALM’s Corporate Counsel Forum

Minimizing and Controlling Litigation Costs, Chicago Chapter of the Association of Corporate Counsel

Expense & Time – It’s All About the Money, ALM’s T3 Trial Tactics & Technology Seminar

Creative Ways to Incorporate Pro Bono Work into Your Practice, Rhode Island Bar Association

Complex Case Juries – Antitrust and other Federal Litigation Matters, Seventh Circuit Bar Association Program (in conjunction with the Chicago Bar Association/Illinois State Bar Association)

The Clients Speak – Best Practices in Litigation, American Lawyer Media’s Litigators and Leaders Summit

Opt-Out Antitrust Litigation, Chicago Bar Association/Illinois State Bar Association, Joint Antitrust Section Meeting

Education:

J.D., Northwestern University School of Law, 1992

  • Book Review Editor, Journal of Criminal Law and Criminology, 1991-1992

B.A. (Government and Modern Languages), cum laude, University of Notre Dame, 1987

Personal:

Jim and his wife Maggie, Senior Counsel at NiSource, Inc., live in Chicago with their two children. Before law school, Jim worked in Washington, DC at the Refugee Policy Group and the Inter-American Commission on Human Rights.

70 W Madison St. | Suite 1800 | Chicago, IL 60602 | T 312-444-9660 | F 312-444-9287