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John M. Touhy

John focuses his practice on commercial litigation. John has represented clients in approximately 40 jury and bench trials, arbitrations and evidentiary hearings in federal and state courts in Illinois, California, Colorado, Delaware, Georgia, Iowa, Michigan, Missouri and Wisconsin. He also has extensive experience involving emergency relief.

John litigates across a broad range of business and commercial disputes, including breach of contract, breach of fiduciary duty, fraud, exclusivity and noncompetition agreements, defamation, misappropriation of trade secrets, ownership of intellectual property, trademark infringement, Lanham Act claims, ownership and value of closely held corporations, Uniform Commercial Code controversies, lender liability and class actions. He has also represented professionals before licensing boards.

John has been recognized as a “Top Lawyer” by The American Lawyer (2011), listed in Best Lawyers in America and named an “Illinois Super Lawyer” (2006 to 2012).

Notable Trials

• iPCS Wireless, Inc. v. Sprint Corporation, et al., Circuit Court of Cook County, Illinois Chancery Division. 26-day bench trial in 2006. Represented an affiliate of Sprint Corporation in a lawsuit against Sprint for breach of contract and to enforce the exclusivity provisions in the management agreement between the parties. Court ordered Sprint to cease operating Nextel business in client’s exclusive territory. Affirmed on appeal, cert. petition to Ill. Sup. Ct. denied.
• Horizon Personal Communications, Inc., and Bright Personal Communications v. Sprint Corporation, Court of Chancery of the State of Delaware. Bench trial from January 9-23, 2006. Represented two affiliates of Sprint Corporation against Sprint for breach of contract action and to enforce the exclusivity rights and trademark provisions in the parties’ management agreements. Court ordered Sprint to cease using Sprint trademarks to promote Nextel products in clients’ exclusive territories.
• Richard E. Hodge v. PIVP Hotel Management Corporation, Superior Court; California, County of Los Angeles, Santa Monica. Represented City of Chicago Firefighter Pension Funds in an action to collect a multimillion-dollar loan to defendant’s corporation, guaranteed by defendant. Defendant counterclaimed for $18 million on a lender liability theory. The jury returned a verdict for the Funds and against defendant on all counts.
• Markarian v. Markarian, Circuit Court of Cook County, Illinois, Chancery Division. Represented plaintiff, one of two shareholders, in a dispute regarding ownership and control of a closely held corporation. Court returned judgment for plaintiff, holding that plaintiff was entitled to enforce shareholder agreement granting him control of the corporation.
• People of State of Illinois v. Aaron Thurman, Circuit Court of Cook County, Illinois, Criminal Division (Pro Bono). July 2010. Represented defendant in 1st degree murder trial. Jury found defendant not guilty.
• Richard Meyer v. Crain Communications, Inc., U.S. District Court, Northern District of Illinois. Represented the plaintiff in a defamation action against Crain Communications for statements made in an article about plaintiff published in Crain’s magazine Ad Age. A jury verdict was returned against plaintiff; Court granted a judgment JNOV in plaintiff’s favor following post-trial motions. The case was later settled.
• Scranton Gillette Communications, Inc. v. William O. Dannhausen, et al., U.S. District Court, Northern District of Illinois. Represented plaintiff in action for theft of trade secrets, breach of fiduciary duty, trademark infringement and false advertising. Jury returned verdict in favor of plaintiff.
• The Goodyear Tire & Rubber Company v. Tire Grading Co., U.S. District Court, Northern District of Illinois. Represented plaintiff in a jury trial against one of its tire dealers for fraud and breach of contract. Verdict in favor of plaintiff.
• Markarian v. Markarian, AAA Arbitration, Chicago, Illinois. Represented one of two shareholders in closely held corporation against claim of breach of fiduciary duty and other claims. Arbitrator held in favor of client on breach of fiduciary claim and granted award to each party on other claims.
• Indiana Harbor Coke Company, L.P. and Ispat Inland Inc. Arbitration, Chicago, Illinois. Represented Ispat Inland Inc. in a breach of contract for the sale of coke. Results are confidential.
• People of State of Illinois v. Clifton Carrol, Circuit Court of Cook County, Illinois, Criminal Division (Pro Bono). Represented defendant in 1st degree murder trial. Jury found defendant guilty.
• Arbitration between two manufacturing companies. Represented client in a confidential arbitration to apportion the relative fault between it as designer and the manufacturer of the equipment for personal injury loss resulting from use of the equipment.
• Institutional Equipment and Interiors, Inc. v. Muriel Hughes, Circuit Court of DuPage County, Illinois. Represented the plaintiff corporation in a dissenting minority stockholder appraisal lawsuit. The court rejected both parties’ suggested stock valuations and settled on a value in-between the proposed valuations.
• Illinois Department of Professional Regulation v. John Doe, M.D., Illinois Department of Regulation. Represented the defendant/doctor in a administrative hearing in which the IDPR was seeking to revoke the doctor’s medical license on grounds of unprofessional conduct. Client was found not guilty.

Publications

• “Right of Publicity In Illinois,” co-author (with Lauren Noll), Illinois Bar Journal (March 2011)
• “The Supreme Court Clamps Down on Media Ride-Alongs,” co-author (with Jeffrey W. Sarles), American Bar Association, First Amendment and Media Litigation Committee (Summer 1999)
• “Defamation Law,” co-author (with Jeffrey W. Sarles), The National Law Journal (September 1997)
• “The Incremental Harm Defense to Libel: Taking Hold in Illinois?” co-author (with Walter Rogers), Illinois Bar Journal (April 1996)

Professional Activities & Memberships

• National Institute of Trial Advocacy, 1984
• American Bar Association, Member Litigation Section, First Amendment and Media Committee
• Chicago Lincoln Inn of Court