David M. Friebus

Partner

Chicago
T +1.312.416.6234
F +1.312.416.6254

Overview

David Friebus serves as lead counsel in complex commercial cases throughout the country. Clients value his creative, practical advice and strong writing skills in shaping and executing litigation strategy. David has extensive experience representing industry-leading clients in disputes involving breach of contract, business torts and trade secrets. He also has significant experience representing clients in international arbitrations and other cross-border disputes.

In addition to his trial work, David is a seasoned appellate advocate. He has authored numerous briefs and argued several cases before federal and state courts of appeal. Following law school, David was a staff law clerk for the U.S. Court of Appeals for the Seventh Circuit.

David currently serves as the Deputy Litigation Leader for the firm’s Chicago office.

Select Experience

Commercial Litigation
  • Represent multinational gaming technology company in putative class action seeking more than $2 billion in damages on theory that social casino apps violate state gambling laws.
  • Represent leading heavy equipment manufacturer in lawsuit brought by former supplier alleging breach of contract and fraud.
Appellate Litigation
  • Represented leading heavy equipment manufacturer in lawsuit brought by former supplier alleging misappropriation of trade secrets. Obtained summary judgment in favor of client. Briefed and argued appeal affirming judgment.
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Experience

Commercial Litigation
  • Represent multinational gaming technology company in putative class action seeking more than $2 billion in damages on theory that social casino apps violate state gambling laws.
  • Represent leading heavy equipment manufacturer in lawsuit brought by former supplier alleging breach of contract and fraud.
  • Represent global retailer in lawsuit brought by former vendor alleging breach of contract.
  • Represented German engine manufacturer in ICC arbitration against a Latin American energy developer for breach of $90 million contract for electric power plant in Brazil. Case settled favorably following enforcement of arbitration award in Brazil.
  • Represented global lottery operator in injunctive proceedings to bar state agency from disclosing client’s trade secrets and other confidential information.
  • Represented leading heavy equipment manufacturer in lawsuit brought by a former supplier alleging breach of contract. Case settled favorably as a result of litigation strategy that revealed supplier’s misconduct.
  • Represented leading heavy equipment manufacturer in breach of contract action brought by a former steel supplier. Case settled favorably following briefing on summary judgment.
  • Represented leading heavy equipment manufacturer in disputes venued in Brazil arising out of a global joint venture to distribute commercial trucks.
  • Represented pharmacy software services provider in lawsuit alleging breach of an asset purchase agreement. Case settled favorably following briefing on summary judgment.
Appellate Litigation
  • Represented leading heavy equipment manufacturer in lawsuit brought by former supplier alleging misappropriation of trade secrets. Obtained summary judgment in favor of client. Briefed and argued appeal affirming judgment.
  • Represented general counsel of a New York-based global shipping company accused of fraud in connection with $1 billion credit agreements. Case dismissed with prejudice.
  • Represented commercial airline in breach of contract action brought by an inflight Internet service provider. Authored brief successfully opposing interlocutory review by the Illinois Appellate Court of certified question regarding novel application of the Airline Deregulation Act.
  • Represented largest healthcare provider in Illinois in federal and state court class actions arising out of a data breach involving four million potentially affected patients. Authored a brief successfully opposing review by the Illinois Supreme Court of dismissal of lawsuits.
  • Appointed to represent indigent litigant on interlocutory appeal involving issue of first impression regarding the Seventh Amendment right to a jury trial under the Prison Litigation Reform Act.
  • Appointed to represent indigent litigant on appeal of adverse summary judgment ruling on a claim of excessive force in connection with arrest. Judgment reversed and case remanded for trial.
Constitutional Litigation
  • Represented State of Illinois in litigation challenging political patronage in government hiring practices. Authored a brief successfully opposing the appointment of a federal monitor for the State of Illinois.
  • Lead counsel in the trial court for the State of Illinois in a constitutional challenge to fair share fees for public unions. Case dismissed; affirmed by the U.S. Court of Appeals for the Seventh Circuit; reversed by the Supreme Court.
  • Represented client in Internet defamation lawsuit.

Recognitions and Memberships

Memberships

  • Seventh Circuit Bar Association
  • American Bar Association: Litigation Section
  • International Bar Association

Prior Positions

  • U.S. Court of Appeals for the Seventh Circuit: Staff Law Clerk 
  • Office of the Illinois Attorney General: Assistant Attorney General

Admissions

  • U.S. Supreme Court, 2008
  • U.S. Court of Appeals, First Circuit, 2018
  • U.S. Court of Appeals, Seventh Circuit, 2004
  • U.S. District Court, Northern District of Illinois, Trial Bar, 2007
  • Illinois, 2005
  • Wisconsin, 2003

Education

  • J.D., University of Wisconsin Law School, 2003, cum laude; Articles Editor, Wisconsin Law Review
  • B.A., St. John’s College, 1995