Areas of Practice
Daniel A. Shmikler, Partner
Mr. Shmikler has experience in a broad range of complex commercial litigation, including antitrust, securities, fraud, defamation, intellectual property, RICO, real estate transactions, products liability, restrictive covenants, class actions, and contract disputes. He has represented clients nationwide, at both the trial and appellate level, in both federal and state courts, as well as in arbitrations before the American Arbitration Association.
J.D., cum laude, Northwestern University School of Law, 1996,
Note and Comment Editor, Northwestern University Law Review
B.A. in Political Science, University of Chicago, 1991
Mr. Shmiklerís representations have included DiMucci Home Builders, Inc. v. Metropolitan Life Ins. Co., 728 N.E.2d 749 (Ill. App. Ct. 2000), in which he was counsel to a construction company in litigation involving a claim for unpaid utility fees, and in which he successfully argued summary judgment issues before the Appellate Court of Illinois); Resource Financial Corp. v. Iwerks Entertainment, Inc. (AAA Arbitration, Chicago, Illinois), in which he was counsel for an investment banking firm at arbitration hearings on its claims for breach of an engagement agreement; and Morrow v. Roberts (Ill. Cir. Ct.), in which he was a member of a team representing a class of former shareholders of Talman Bank in litigation against ABN AMRO, LaSalle-Talman Bank, Salomon Brothers, and others for claims relating to the purchase of claims against the federal government for abrogation of supervisory goodwill.
In one recent case, Mr. Shmikler successfully obtained an injunction against a party who wrongfully obtained confidential customer information and other trade secrets of his client. In another, he was a member of a trial team which obtained a federal court judgment that their client had not infringed on the trade dress of another party. (Effikal Intíl, Inc. v. Field Controls, L.L.C. (E.D. Mich.)).
Mr. Shmiklerís cases have included, among others, E.P. Opportunity Fund, L.L.C. v. eUniverse, Inc. (AAA Arbitration, Chicago, Illinois), in which he represented a hedge fund in an arbitration involving claims of securities law violations and breach of a registration rights agreement.
Bankruptcy and Insolvency Litigation
Along with others at the firm, Mr. Shmikler has litigated actions on behalf of the unsecured creditors committee of HA-LO Industries, Inc., relating to HA-LOís purchase of Starbelly.com, Inc. These claims have resulted in tens of millions of dollars in favorable settlements.
Daniel A. Shmikler
Sperling & Slater
55 West Monroe Street
Chicago, Illinois 60603