Biography

Mr. Johnson is a partner in the Chicago office of Seyfarth Shaw LLP. He is an accomplished construction attorney, having represented owners, general contractors, and subcontractors in a variety of disputes. He has both lectured and authored articles on construction-related issues. Mr. Johnson has been designated a Leading Lawyer in Construction Law by his peers. He presently serves as the Chair of the Construction and Mechanics Lien Committee of the Chicago Bar Association. Mr. Johnson is also an accomplished commercial litigator, with particular experience in intellectual property related claims, including trademark and copyright infringement, as well as business torts, complex contract disputes, and real estate litigation. Mr. Johnson has similarly been designated a Leading Lawyer in Commercial Litigation by his peers. He has tried and participated in cases on appeal in state and federal courts throughout the country. For example, Mr. Johnson previously secured a multi-million jury verdict in connection with the sale of the assets of a finance company. He also obtained a $500,000 judgment at trial on behalf of an investment banking and financial services company.

Among his specific accomplishments in construction and real estate related claims, Mr. Johnson has:

• Obtained a directed verdict at trial on behalf of a general contractor and against an owner of a convalescent home, who had sought to rescind a portion of the parties’ $7.5 million construction contract, resulting in a savings in excess of $1.5 million for the contractor.
• Successfully defended a general contractor in a lawsuit brought by a subcontractor who sought to recover in excess of $5 million for breach of a contract of exclusivity.
• Successfully represented a general contractor against the owner of a nursing home in a lawsuit arising out of the parties’ $2.4 million guaranteed maximum price contract for the construction of a 200-bed addition.  The owner ultimately withdrew its claims for defective construction and delay.
• Obtained recovery for a subcontractor in a lawsuit to recover the outstanding balance due from its installation of a steel curtain wall, in excess of $18 million, on a commercial office building.
• Obtained recovery for a floor subcontractor in a lawsuit against the manufacturer of ceramic tile installed by the subcontractor at a racetrack, but which was ultimately rejected by the owner.
• Obtained summary judgment in favor of a general contractor against the owner’s scheme to defraud claim arising out of the construction of a health care facility.
• Successfully defended a paper manufacturer against a general contractor arising out of the parties’ $26 million fixed-sum contract, securing the withdrawal of the contractor's claim upon the filing of a strategic counterclaim against it for claims of defective construction and delay.
• Successfully represented a variety of subcontractors, such as those involved in the steel, flooring, roofing and finishing trades, in obtaining final amounts due under subcontracts.
• Participated in the reviewing and revising of form contracts and general conditions for agreements between owners and general contractors as well as agreements between general contractors and subcontractors.
• Obtained an injunction on behalf of a commercial landlord prohibiting a tenant’s interference with the build-out of other tenants’ space and successfully defended against the tenant’s counterclaim for fraudulent inducement and constructive eviction.
• Successfully defended an institutional investor against a claim for breach of an $8 million sale-leaseback agreement.
• Successfully mediated a lawsuit on behalf of an owner of various shopping centers located throughout the country that was filed against lessees of retail space to recover unpaid common area maintenance charges and real estate taxes and to resolve disputes over notice provisions contained in the leases.

Among his specific accomplishments in intellectual property related claims, Mr. Johnson has:

• Obtained judgment on behalf of a designer and manufacturer of consumer video games in defense of a claim brought against the company for copyright infringement.
• Obtained a preliminary injunction in a trademark infringement case on behalf of a manufacturer of ground support test equipment for aircraft, enjoining a former distributor from using the manufacturer’s identical part–numbering system in the sale of competing products. The former distributor was also enjoined under the Cyberpiracy Act from using domain names that were based on the manufacturer’s trade name and was ordered to transfer those domain names to the manufacturer.
• Successfully represented a manufacturer of women’s clothing in a lawsuit filed against a competing clothing manufacturer for trademark infringement and unfair competition.
• Successfully represented a foreign brewery and its U.S. importer in a lawsuit filed against a competing brewery for trademark infringement and unfair competition.
• Successfully represented a manufacturer of cast-vinyl film in a lawsuit filed against a former distributor of its products involving claims for trademark infringement and unfair competition.
• Successfully represented a manufacturer of metal in a lawsuit filed against former key employees for trade secret misappropriation and breaches of restrictive covenants.
• Participated in defending a copyright infringement action brought against a professional basketball team, avoiding the entry of a temporary restraining order against the team arising out of the design of its mascot.
• Successfully represented a clothing manufacturer in an opposition to a trademark application filed by one of its competitor’s before the U.S. Patent and Trademark Office, which included defending against a claim of trademark abandonment raised by the competitor.

Education

J.D., University of Illinois College of Law (1990)

University of Illinois Law Review, Member

B.A., University of Illinois (1987)

Phi Sigma Alpha Honor Society

Admissions

• Illinois

Courts

• U.S. Court of Appeals for the Fifth Circuit
• U.S. Court of Appeals for the Seventh Circuit
• U.S. District Court for the District of Colorado
• U.S. District Court for the Northern District of Florida
• U.S. District Court for the Northern District of Illinois
• U.S. District Court for the Western District of Michigan

The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and no certificate, award or recognition is a requirement to practice law in Illinois.