Mr. Shinall focuses exclusively on complex commercial litigation and arbitration matters, including claims against directors and officers, merger and acquisition disputes, posttransaction representation and warranty claims, securities litigation, shareholder derivative actions, shareholder appraisal and valuation litigation, bankruptcy litigation, antitrust litigation, intellectual property litigation, accounting and tax litigation, and insurance coverage disputes.

For the last 20 years, Mr. Shinall has served as primary litigation counsel to Prospect Hill Growth Partners, a Boston-based private equity firm, its funds and its portfolio
companies, and he regularly represents other private equity firms, portfolio companies
and their managers, directors and officers. Mr. Shinall currently serves as counsel to the Board of Directors of Tile Shop Holdings, Inc., a publicly-traded, specialty retailer of man-made and natural stone tiles. Mr. Shinall has long served as outside general counsel to Jam Productions, Ltd., one of the largest independent producers of live entertainment in the United States.

Director and Officer Actions Mr. Shinall frequently defends directors and officers
against breach of fiduciary duty and related claims, including the following matters: (i) defense of directors of public company in a Delaware dual derivative/class action
seeking $100 million in damages; (ii) defense of former directors and officers of national homebuilder against bankruptcy trustee’s claims alleging breach of fiduciary duty and seeking $200 million-plus in damages; (iii) defense of the directors of regional HMO plan against shareholder derivative claims seeking $180 million in damages; (iv) defense of 48 directors and officers of retail chain against bankruptcy trustee’s claims alleging breach of fiduciary duty and seeking over $200 million in damages; (v) defense of 30 former directors of one of the largest non-for-profit social service agencies in Chicago against bankruptcy trustee’s claims alleging breach of fiduciary duty; and (vi) defense of directors of public company in a securities class action.

Multidistrict and Class Actions For the last 30 years, Mr. Shinall has represented
defendants and plaintiffs in multi-district, class, derivative, and multi-plaintiff direct
actions, including in the following matters: In re Clozapine Antitrust Litigation, MDL No. 874 (N.D. Ill.); In re Carbon Dioxide Antitrust Litigation, MDL 940 (M.D. Fla.); In re Brand Name Prescription Drug Litigation, MDL 997 (N.D. Ill.); In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720 (S.D.N.Y); Beaver County Employees’ Retirement Fund et al. v. Tile Shop Holdings, Inc. et al., 0:14- cv-00786 (D. Minn.); In Re Tile Shop Holdings, Inc. Stockholder Derivative Litigation, No. 10884-VCG (Del. Ch.); In Re Certain Underwriters at Lloyd’s, London, Covid-19 Business Interruption Protection Insurance Litigation, MDL No. 2961 (C.D. Ill.); In re Lantus Direct Purchaser Antitrust Litigation, No. 16-12652 (D. Mass); In re: Intuniv Antitrust Litigation, Case No. 16-cv-12653-ADB (D. Mass.).

Bankruptcy Litigation Mr. Shinall frequently represents directors, officers, equity
holders, debt holders and trustees in bankruptcy proceedings and related litigations, including: In re NutraSweet, Inc., No 20-11004 (Del. Bankr.); In re Brookstone Holdings Corp., No. 14-BK-10752 (Del. Bankr.); In re Hull House Association, Case No. 12- 04800 (N.D. Ill. Bankr.); In re Pasquinelli Homebuilding, LLC, No. 11-14829 (N.D. Ill. Bankr.); In re Canopy Financial, Inc., No. 09-44943 (N.D. Ill. Bankr.); In re Jillian’s Entertainment Holdings, Inc., No. 04-33192 (W.D. Ky. Bankr.); In re Chevy’s Inc., No. 03-45879 (N.D. Cal. Bankr.); In re DESA Holdings Corp., No. 02-11672 (Del. Bankr.); and In re Quality Stores, Inc., No. 01-10662 (W.D. Mich. Bankr.).

International and Complex Commercial Arbitrations Mr. Shinall frequently represents clients in international and domestic complex commercial arbitrations, and also has served as an arbitrator.

Governmental Investigations Mr. Shinall regularly represents companies and individuals in connection with inquiries and investigations by the Securities and Exchange Commission, the Department of Justice and other governmental agencies

Mr. Shinall is a member of the Trial Bar of the United States District Court for the Northern District of Illinois, and has an AV Preeminent Peer Review Rating (highest).

Mr. Shinall joined Sperling & Slater in 1994 after spending several years at the Chicago office of Bell, Boyd & Lloyd (n/k/a K&L Gates), where he practiced as an antitrust and complex commercial litigator.

Education

J.D., with highest distinction, Valparaiso University School of Law, 1990
Recipient of Jurist Award, full-tuition academic scholarship, 1987-1990

B.A. in Economics, University of Chicago, 1987

Representative Matters

Mr. Shinall served as lead defense counsel in a class and derivative action alleging breaches of fiduciary duty by the directors of Tile Shop Holdings, Inc. filed in the Delaware Chancery Court, and seeking approximately $100 million in damages. Shortly before trial, the case settled on favorable terms, with all settlement payments funded by the company’s insurers.

Mr. Shinall serves as lead counsel to Prospect Hill Growth Partners and its portfolio company, Outward Hound Holdings, Inc., in claims for breach of representation and warranty arising out of an acquisition of a national pet products company. Trial is scheduled for 2023 in Delaware Chancery Court.

Mr. Shinall served as co-trial counsel to LVI Group Holdings in breach of warranty and fraud claims arising out of the merger of two national demolition and remediation companies in Delaware Chancery Court. Following years of discovery and depositions, and with the case ready for trial, the case settled on terms favorable to LVI.

Mr. Shinall served as trial counsel to the former Chairman/CEO, Vice-Chairman/VicePresident, directors and officers of a national homebuilding company in the defense of breach of fiduciary duty and related claims brought by a Chapter 7 Trustee in the United States District Court for the Northern District of Illinois, following the 2008 financial crisis. After defendants won a motion to dismiss the highest-dollar value claims, the case was settled, with no admissions of liability, and with substantial insurance contributions.

Mr. Shinall serves as counsel to Meijer Inc. (a Michigan-based retailer that operates 250 supercenters and grocery stores throughout the Midwest) in defense of wide-ranging claims in In re National Prescription Opiate Litigation.

Mr. Shinall served as co-lead counsel to a regional restaurant group and putative class of similarly situated plaintiffs in an action against insurance underwriters alleging breach of a pandemic insurance policy endorsement. After assignment to an MDL track and preliminary discovery, the case settled on favorable terms to the plaintiffs for policy limits.

Mr. Shinall served as lead counsel to the private equity firm Vistria Group and its
portfolio company, SHC Holdco, Inc., in a Delaware Chancery Court shareholder
appraisal action arising out of the acquisition of a national health care staffing company. After discovery, Mr. Shinall guided the case to a settlement for less than the cost of defense.

Mr. Shinall and firm co-founder, Bruce Sperling, served as lead counsel to Chicago White Sox owner, Jerry Reinsdorf, in defense of a § 1983 claim (First Amendment) and related business tort claims relating to the operation of the Illinois Sports Facility Authority. Defendants prevailed on a motion to dismiss.

Mr. Shinall served as lead counsel to the directors and the majority shareholder (Prospect Hill Growth Partners) of a regional HMO in the defense of a shareholder derivative action alleging claims for breach of fiduciary duty and breach of contract, and seeking more than $180 million in damages. Following discovery and depositions, Mr. Shinall prevailed on a motion for judgment for defendants, which was affirmed by the Massachusetts Appeals Court.

Mr. Shinall served as lead counsel to The NutraSweet Company in an international arbitration and related litigation arising out of the acquisition of Daesang Corporation’s aspartame assets. This complex 10-year litigation included a lengthy arbitration hearing, subsequent litigation and multiple appeals.

Mr. Shinall served as lead counsel to 48 directors and officers of Quality Stores, Inc. (a specialty retail chain) against a bankruptcy trustee’s claims alleging breach of fiduciary duty and seeking over $200 million in damages. Following successful motion practice, the case settled well within policy limits.

Mr. Shinall and firm co-founder Bruce Sperling defended the COO of Evanston Northwestern Healthcare against RICO, fraud and other commercial tort claims seeking $100 million in damages. Following a 3-month jury trial, the jury delivered a complete defense verdict.

Mr. Shinall served as lead counsel to a leading travel media company in an arbitration brought by a competitor alleging copyright and commercial tort claims, and seeking $200 million in damages. Following discovery and depositions, Mr. Shinall and partner, Michael Dickler, prevailed on a pre-hearing motion for judgment on all claims.

Mr. Shinall represented certain directors of Tile Shop Holdings, Inc. in connection with a securities class action pending in the United States District Court for Minnesota. Mr. Shinall led the defendants’ mediation effort and guided the favorable settlement of the action, funded primarily by the insurer.

Mr. Shinall served as lead counsel to a national nephrology company and its CEO in defense of securities and related claims. Following the evidentiary hearing, Mr. Shinall guided a settlement of the claims for a fraction of the demand, well within policy limits.

Mr. Shinall and firm co-founder, Paul Slater, served as trial counsel to Bering Corporation in an international arbitration and related litigation against Hyundai Corporation and DaimlerChrysler AG arising out of Bering’s commercial truck manufacturing venture with Hyundai. Following a two-week arbitration hearing, the arbitration panel entered a substantial damages award in favor of Bering, and the related antitrust litigation was settled on favorable terms.

Mr. Shinall served as lead counsel to a national nephrology company and its CEO in defense of Medicare fraud and related claims under False Claim Act. Mr. Shinall and Nashville co-counsel prevailed on a motion to dismiss in the U.S. District Court for Tennessee and in the appeal to the U.S. Court of Appeals for the Sixth Circuit.

Mr. Shinall and firm co-founder, Bruce Sperling, represented a private equity firm in an action to enforce a letter of intent to acquire Beltone Electronics. Following preliminary proceedings, the parties settled the action and proceeded to close the transaction.

Mr. Shinall and firm co-founder, Bruce Sperling, served as trial counsel for a private equity firm and the CEO of a national mortgage company in pursuing shareholder and breach of contract claims against the majority owners. Shortly before an arbitration hearing was set to begin, the case settled on favorable terms ($67.5 million).

Mr. Shinall and firm co-founder, Paul Slater, served as lead counsel to several commercial real estate partnerships in an action against the manager of the partnerships for fraud, embezzlement, and breach of a settlement agreement to repay the embezzled funds. After the firm shared its findings with the U.S. Attorney, the defendant (Scott Toberman) was prosecuted and pleaded guilty to a multi-million dollar fraud.

Mr. Shinall served as lead counsel to a commercial real estate partnership in an action against the manager of the partnerships for fraud and embezzlement. After the firm shared its findings with the U.S. Attorney, the defendant (Frank Pons) was prosecuted and pleaded guilty to fraud and equity skimming.

Mr. Shinall served as lead counsel to the Chapter 7 Trustee for Canopy Financial, Inc. in professional liability claims against a national law firm. Mr. Shinall led plaintiff’s mediation effort and guided the favorable settlement of the action.

Mr. Shinall served as lead counsel to technology entrepreneur in connection with taxrelated professional liability claims against a national accounting firm. Mr. Shinall led plaintiff’s mediation effort and guided the favorable settlement of the action.

Mr. Shinall and firm co-founder, Bruce Sperling, served as trial counsel to a private equity firm and its portfolio company, IDF Holdings, Inc., in arbitration claims for breach of representation and warranty arising out of an acquisition of a national food processing business. During the arbitration hearing, the case settled on favorable terms.

Mr. Shinall and firm co-founder, Paul Slater, served as trial counsel to M3 Systems in a patent and antitrust case against C.R. Bard. Following a four-week trial, a federal jury found for M3 Systems and against Bard on all counts, and the U.S. Court of Appeals for the Federal Circuit affirmed judgment on the patent claims and the key antitrust claim.

Mr. Shinall served as lead counsel to a private equity firm and its portfolio company, JWC Hartz Holdings, Inc., in claims for breach of representation and warranty arising out of an acquisition of a national pet products company.

Mr. Shinall served as co-counsel to JamSports, the motorsports division of Chicago promoter Jam Productions in an action against Clear Channel Communication (n/k/a Live Nation). Following a $90 million verdict, the case was settled on favorable terms.

Mr. Shinall served as trial counsel to a municipality (and Foster Wheeler, Inc.) in defense of a tax increment financing case arising out of the development of a waste-to-energy facility. Following a multi-week bench trial, the Court found in favor of defendants on all counts.