People: Michael D. Wexler, Partner

Photo of Michael D. Wexler, Partner

Michael D. Wexler

Partner

Chicago
Direct: (312) 460-5559
Fax: (312) 460-7559
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Mr. Wexler is a partner in the firm’s Chicago office and Chair of the national Trade Secrets, Computer Fraud, and Non-Competes Practice Group. His practice focuses on trial work and counseling in the areas of trade secrets and restrictive covenants, corporate espionage, unfair competition, complex commercial disputes, intellectual property infringement, and white collar criminal defense in both federal and state courts. A former state prosecutor, Mr. Wexler’s extensive investigatory experience and considerable jury trial practice enables him to advise clients with regard to potential disputes and represent clients through and including a determination of their rights at trial. Mr. Wexler has successfully obtained and defended temporary restraining orders and preliminary and permanent injunctions in several jurisdictions. He has represented clients in the insurance, securities, finance, banking, transportation, manufacturing, technology, pharmaceuticals, advertising, real estate, employment, medical equipment, and computer industries throughout the United States. He can assist with patent litigation and other litigation involving complex technology.  Mr. Wexler is also a member of the firm’s Administrative Committee and Lawyer Development Committee.

Mr. Wexler is a partner in the firm’s Chicago office and Chair of the national Trade Secrets, Computer Fraud, and Non-Competes Practice Group. His practice focuses on trial work and counseling in the areas of trade secrets and restrictive covenants, corporate espionage, unfair competition, complex commercial disputes, intellectual property infringement, and white collar criminal defense in both federal and state courts. A former state prosecutor, Mr. Wexler’s extensive investigatory experience and considerable jury trial practice enables him to advise clients with regard to potential disputes and represent clients through and including a determination of their rights at trial. Mr. Wexler has successfully obtained and defended temporary restraining orders and preliminary and permanent injunctions in several jurisdictions. He has represented clients in the insurance, securities, finance, banking, transportation, manufacturing, technology, pharmaceuticals, advertising, real estate, employment, medical equipment, and computer industries throughout the United States. He can assist with patent litigation and other litigation involving complex technology.  Mr. Wexler is also a member of the firm’s Administrative Committee and Lawyer Development Committee.

Education

  • J.D., Chicago-Kent College of Law, Illinois Institute of Technology (1991)
    Order of the Coif; Kent Legal Scholar; Member, Chicago-Kent Law Review; Member, National Moot Court Competition Teams; Legal Writing Teaching Assistant
  • B.A., University of Illinois at Urbana-Champaign (1988)

Admissions

  • Illinois

Courts

  • 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)
  • U.S. District Court for the Central and Southern Districts of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Eastern District of Wisconsin

Affiliations

  • American Bar Association
  • Chicago Bar Association
  • Illinois Bar Association
  • ITechLaw Association

Representative Engagements

  • Pitney Bowes Inc. v. Walter Buyea, No. CV-06-167-LRS (US. District Court, E.D. Washington) (successfully obtained standstill order, contempt finding for violation of standstill order and settlement in trade secret misappropriation, breach of contract and tortious interference matter in the postal technologies industry).
  • Jeffrey Silver v. C.H. Robinson Worldwide and C.H. Robinson Company, No. 06 C 2070 (U.S. District Court, N.D. Illinois) (successfully defended and settled dispute regarding protection of proprietary software in breach of contract claim and distribution of $8 million worth of stock matter in logistics industry).
  • Fujitsu Network Communications, Inc. v. Bud Doherty and Tellabs Operations, Inc., No. CL 2006 1357 (Circuit Court, Fairfax County, Virginia) (successfully defended breach of confidentiality claim through motion practice and resulting settlement in telecommunications industry).
  • C.H. Robinson Worldwide, Inc. v. Command Transportation LLC, Paul Loeb and Eric Harrison, No. 05 C 3401 (U.S. District Court, N.D. Illinois) (successfully brought misappropriation of trade secret, breach of contract, copyright infringement and Computer Fraud and Abuse claim to protect $140 million purchase of proprietary software and associated business resulting in settlement in the logistics industry).
  • Universal Engraving Inc. v. ITW-Davis-Davis Engineering, Michael A. Garcia, et al., No. 05 CV 7467 (District Court, Johnson County, Kansas) (defeated application for emergency temporary restraining order at hearing resulting in settlement in the die engraving industry).
  • National Association of Securities Dealers Arbitrations, September 2006 and October 2006, (Chicago, Illinois) (breach of contract, violation of non-compete and misappropriation of trade secrets matters in the banking and investment industry).
  • Owens Corning v. Michael J. Joyce, No. 05 C 4894 (U.S. District Court, N.D. Illinois) (defeated application for emergency temporary restraining order to prevent defendant from working at new employer due to inevitable disclosure and breach of contract claim in building supplies industry).
  • Carlisle Syntec Incorporated v. Ronald D. Head, No. 05-CV-2592 (U.S. District Court, Middle District Pennsylvania) (obtained favorable settlement for defendant in breach of contract and inevitable disclosure matter seeking to bar defendant from working at new employer or soliciting customers of prior employer in building supplies industry).
  • National Seating Company v. Richard David Turner, No. 14955 (Chancery Court, Monroe County, Tennessee) (defeated critical aspects of application for temporary injunction order seeking to prevent defendant from working for new employer in any capacity in transportation seat industry resulting in settlement).
  • Pharmaceutical Research Associates, Inc. v. Clareece West, No. 05 CV 02831 (District Court, Johnson County, Kansas) (defeated critical aspects of preliminary injunction seeking to prevent defendant from working for new employer and from soliciting any client of plaintiff resulting in settlement in the pharmaceutical industry).
  • Ingenix, Inc. v. April Gardner, No. 05-80474-CIV (U.S. District Court, S.D. Florida) (obtained settlement to return and protect proprietary information of plaintiff in breach of contract and misappropriation of trade secrets matter in healthcare software and claim processing industry).
  • Motorola, Inc. v. Mike S. Zafirovski, No. 05 CH 17744 (Circuit Court of Cook County, Illinois) (successfully settled non-compete and breach of contract action on behalf of Motorola against former COO who accepted position as CEO with competitor in telecommunications industry).
  • VHS Genesis Labs, Inc. v. Kimberely A. Graddy, FirstSource Laboratory Solutions, Inc., et al., No. 05-CV-00577-DFH-WTL (U.S. District Court, S.D. Indiana) (successfully settled during preliminary injunction evidentiary hearing breach of fiduciary duty, conspiracy, misappropriation of trade secret and computer fraud and abuse case on behalf of plaintiff in laboratory testing and billing industry).
  • Long USA, LLC and Dana Canada Corporation v. Aztec Industries, LLC, Gary Jablonski and Lance Jenkins v. Douglas Beck, William Brierley and Jeff Hogan, No. 04-72195 (U.S. District Court, E.D. Michigan) (obtained settlement restricting activities of former employees and protecting proprietary information of plaintiff where defendants had set-up competing business while working for plaintiff in the transportation parts industry).
  • GE Medical Systems Information Technologies, Inc. v. iMedica Corporation, et al., No. 304 CV 2514-D (U.S. District Court, N.D. Texas) (obtained settlement in breach of contract and misappropriation of trade secret matter to protect proprietary information regarding physician management software).
  • BrainLAB, Inc. v. Jason M. Papes and Stryker Corporation, No. 04 C 5986 (U.S. District Court, N.D. Illinois) (obtained favorable offer of judgment on behalf of defendants after successfully barring plaintiff from presenting any evidence of damages at trial in alleged employee raiding case in the medical equipment industry).
  • Neubauer-Perkins, Inc. v. Quinn Boland, Connected II, Inc., Howmedica Osteonics Corp. and Stryker Corporation, No. 04 CH 19637 (Circuit Court of Cook County, Illinois) (obtained favorable settlement for defendant in breach of contract action attempting to bar defendant from working for new employer or soliciting any client of former employer in the medical device industry).
  • Rewards Network Establishment Services, Inc. v. Marc Borge and Acacia Funding, Inc., No. 04-2530 GEB JFM (U.S. District Court E.D. California) (successfully obtained TRO in Computer Fraud and Abuse Act, trade secret misappropriation, conversion, unfair competition and breach of contract matter in the restaurant dining credits and marketing industry).
  • United HealthCare Services, Inc. v. Interlink Health Services, Inc. and Marnie Bute, No. 04 CV 04360 (U.S. District Court, District of Minnesota, Minneapolis Division) (successfully obtained order preserving status quo in Computer Fraud and Abuse Act, trade secret misappropriation and breach of contract case in the healthcare industry).
  • Spectera, Inc. v. Kenneth Holt, No. CV 04-07258 (U.S. District Court C.D. California) (successfully obtained ex-parte TRO and preliminary injunction at hearing in Computer Fraud and Abuse Act, breach of fiduciary duty and trade secret misappropriation case in the vision benefit industry).
  • Dana Corporation v. Hafke, Sutter, Charlotte Pipe & Foundry Company and Mosey Manufacturing Co., No. 04-CV-71292 (U.S. District Court E.D. Michigan) (successfully defeated the critical portions of multiple motions to dismiss in breach of contract, conspiracy, Computer Fraud and Abuse Act, trade secret misappropriation and tortious interference case in the manufacturing of engine cylinder liners industry).
  • Life Fitness v. Precor USA and Charles Fedorka, No. 5:04CV91-V (U.S. District Court W.D. North Carolina) (successfully defeated preliminary injunction at hearing in fitness equipment industry).
  • The Medstat Group, Inc. v. William Crown, Ingenix, Inc. and UnitedHealth Group, Inc., No. 04-250-CK (Circuit Court of Washtenaw County, Michigan) (successfully defeated critical aspects of preliminary injunction at hearing in retrospective and prospective pharmaceutical studies industry).
  • EMC Document Systems, Inc. v. Michael R. Dale, et al., No. 3:04 CV 082AS (U.S. District Court N.D. Indiana) (successfully defeated preliminary injunction at hearing in mail inserting and document management industry).
  • Hub Group Ohio, LLC v. Peter Deltufo, No. CV 2004-02-0515 (Court of Common Pleas, Butler County, Ohio) (successfully obtained TRO and preliminary injunction at hearing regarding intermodal transport industry).
  • Medstrat, Inc. v. John J. DiMercurio, No. 2003 CH 001716 (Circuit Court of DuPage County, Illinois) (successfully defeated TRO and preliminary injunction at hearing regarding medical diagnostic imaging).
  • Baxter Healthcare Corp. v. Dasari and Bayer Corp., No. C 03-3392 (U.S. District Court N.D. California) (successfully obtained TRO in Computer Fraud and Abuse Act and trade secret misappropriation case regarding biopharmaceuticals).
  • Philip Services v. Reno, No. 03 CV 4002 (U.S. District Court S.D. Illinois) (successfully obtained preliminary and permanent injunction in non-compete matter regarding industrial cleaning industry).
  • Hub Group Tennessee v. Herzog, et al., No. CH 03 0166 2 (Circuit Court of Shelby County, Tennessee) (successfully obtained TRO and temporary injunction in trade secret and non-compete matter regarding intermodal transport industry).
  • Beasley v. Hub City Texas, No. 2002 62901 (District Court of Harris County, Texas) (successfully obtained TRO and temporary injunction in sale of business, trade secret and non-compete matter regarding intermodal transport industry).
  • Pitney Bowes Inc. v. Allen, et al., No. 02 C 4674 (U.S. District Court N.D. Illinois) (successfully obtained TRO in federal Computer Fraud and Abuse Act, trade secret, unfair competition and non-compete matter; settled matter; obtained ex-parte seizure order by U.S. Marshal's Service for alleged violations of settlement and court order).
  • United Behavioral Health, Inc. v. Jensen, No. C 02-1760 CRB ARB (U.S. District Court N.D. California) (obtained ex-parte TRO and preliminary injunction for violation of federal Computer Fraud and Abuse Act in the healthcare industry).
  • 3Com v. Cambia, et al., No. 01 CH 8253 (Circuit Court of Cook County, Illinois) (successfully defeated trade secret misappropriation TRO at hearing regarding 3G wireless technology).
  • Kusen v. Cambridge Homes, Inc., No. 3-00-0767 (Third Appellate District, Illinois) (unpublished) (successfully argued appeal affirming summary judgment in favor of real estate developer and against former salesperson regarding contractual and commission dispute).
  • Follett Corp. v. Davis, No. 99 C 6418 (U.S. District Court N.D. Illinois) (successfully obtained TRO in trademark infringement /cyberpiracy case).
  • Shukur v. Baxter Healthcare, No. 00 L 000806 (Circuit Court of Lake County, Illinois) (successfully argued motion to dismiss defamation case brought by former employee).
  • Pozdol v. Pozdol, No. 01 C 7139 (U.S. District Court N.D. of Illinois) (successfully obtained ex-parte TRO and permanent injunction in Lanham Act violation matter).
  • Union League Club v. Flores, No.  01 CH 1119 (Circuit Court of Cook County, Illinois) (successfully obtained ex-parte TRO and permanent injunction in workplace violence matter).
  • Hawkeye Medical Supply (McKesson) v. Caligor et al, No. 00 CV 1283  (U.S. District Court Central District of Illinois) (successfully obtained TRO in Lanham Act violation and trade secret misappropriation case).
  • Marvin Triplett v. Stephany Welzien, No. 45C010008CP01021 (Circuit Court of Lake County, Indiana) (successfully obtained dismissal of action for payment of reward money by mother of deceased son).
  • United Airlines v. Hansberry, No. 99 CH 11341 (Circuit Court of Cook County, Illinois) (successfully obtained ex-parte TRO and permanent injunction against former employee in trespass and workplace violence case).
  • People v. Manietta, No. 99 CM 3617 (Circuit Court of Will County, Illinois) (obtained acquittal after trial of corporate supervisor for alleged battery against line worker).
  • LensCrafters v. United HealthCare, et al., No. A9901609 (Circuit Court of Hamilton County, Ohio) (defeated preliminary injunction in trade secret, restrictive covenant and breach of fiduciary duty matter regarding managed vision care industry).
  • Niedermaier, Inc. v. Polyfoam Packers Corporation, No. 94 L 12608 (Circuit Court of Cook County, Illinois) (obtained favorable defense verdict after bench trial regarding missing polystyrene molds).

Presentations

  • Co-Presenter, “2016 National Year In Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law,” Webinar, presented by Seyfarth Shaw LLP (February 2, 2017)
  • "The Intersection of Trade Secrets Violations and the Criminal Law," Webinar, presented by Seyfarth Shaw LLP (October 4, 2016)
  • Employment Law Conference: "Trade Secrets and Non-Competes," Law Bulletin Seminars (November 8, 2007)
  • "Protecting Confidential Information, Document Retention and Destruction in Illinois," Lorman Education Services (June 16 and June 23, 2005)
  • Moderator, "Successful Corporate Strategy for Protecting Trade Secrets and Confidential Information, Advanced Approaches to Labor and Employment Law for In-House Counsel," Northstar Conferences LLC (May 4, 2005; March 3, 2004)
  • "Trade Secrets Litigation Trends and Dealmaking Tips," Law Seminars International (June 2003)
  • Guest Lecturer, "Demonstrative Exhibits and Examination," Chicago-Kent College of Law Intellectual Property Law Trial Advocacy (Spring 2003)
  • "Records Management, Policies and Destruction and Electronic Discovery," Price Waterhouse Coopers General Counsel Forum (May 2002)
  • Guest Lecturer, "Direct and Cross Examination," Chicago-Kent College of Law Intellectual Property Law Trial Advocacy (Spring 2002)