Experience

Trade Secrets and Restrictive Covenants

Mr. Prewitt has a national practice representing companies in the protection of trade secrets and enforcement of nondisclosure agreements and post-employment restrictive covenants.  He has represented clients in a broad range of industries:

• Consumer products
• Financial services
• Industrial products
• Management consulting
• Manufacturing
• Internet-based advertising
• Pharmaceuticals
• Printing
• Retail
• Software design
• Staffing services

As lead trial counsel, Mr. Prewitt has experience representing clients in trade secrets and restrictive covenant disputes arising under the laws of numerous jurisdictions, including:
 

• California
• Delaware
• Florida
• Georgia
• Illinois
• Maryland
• Massachusetts
• Michigan
• New York
• North Carolina
• Pennsylvania
• Ontario (Canada)
• Texas

Computer Forensics and E-Discovery

Mr. Prewitt has tried complex computer forensics disputes in state and federal courts, and in arbitration. He was lead trial counsel in Krumwiede v. Brighton Associates, LLC, 26 Empl. Discrim. Rep. (BNA) 726 (N.D. Ill. 2006)*, one of the first federal court decisions (and a frequently cited precedent) awarding default judgment as a sanction for spoliation of file metadata and the unallocated space of a hard drive. In addition, Mr. Prewitt has extensive experience litigating issues regarding preservation and collection of electronic data and is a frequent contributor to national publications on issues of e-discovery and effective collaboration between counsel and IT experts.

Environmental and Mass Tort Liabilities

Mr. Prewitt has represented clients in disputes arising from the treatment of environmental and toxic tort liabilities in corporate mergers and acquisitions and restructurings under the Bankruptcy Code, successfully defending claims for successor liability and veil-piercing.

Business Disputes

Mr. Prewitt has broad experience in numerous other business disputes in the state and federal trial courts, in the bankruptcy courts, and in arbitration.

Representative Matters

• Brighton Associates, LLC v. Toper, et al. (Cook Cty, Ill.).* As lead trial counsel, obtained a temporary restraining order on New Year's Eve, restraining three of plaintiff's former executives from continuing to operate a competing business they had secretly organized while still employed with the plaintiff. Following entry of the TRO, the parties reached a confidential settlement.
• Experian Marketing Solutions, Inc. v. Responsys Inc., Jonathan R. Bondoc and Matthew Limeri (Cook Cty., Ill.). Represented the defendants in this non-compete and trade secrets case and successfully defeated the plaintiff’s motion for a temporary restraining order. The matter settled after that motion was denied.
• Portola Packaging v. Logoplaste USA, et al., (Cook Cty. Ill.). Lead trial counsel for defendants in complex trade secrets dispute involving extensive multinational discovery. Defendants won summary judgment on all claims, and the court awarded defendants recovery of their attorney fees as a sanction against plaintiff for commencing the suit in bad faith.
• In re APCO Liquidating Trust, 370 B.R. 625 (Del. Bankr.).* Won disallowance of CERCLA contribution claim for future response costs under Bankruptcy Code's 502(e)(1)(B), resulting in a frequently cited published opinion.
• Consolidated Bedding, Inc. v. Binke (Cook Cty. Ill.)* Lead counsel in successful enforcement of post-employment restrictive covenant against departing vice president of sales with consent decree.
• JLG Industries, Inc. v. David R. Baxter (Kane Cty. Ill.) Lead trial counsel in a successful representation of manufacturer against departing director of strategic planning to protect trade secrets, winning TRO and subsequent contempt proceedings following a multi-day bench hearing of complex computer forensics evidence.
• Krumwiede v. Brighton Associates, LLC (N.D. Ill.).* Lead trial counsel in successful litigation on behalf of consulting firm against departing vice president to protect trade secrets, winning TRO and subsequent contempt proceedings following a bench hearing of complex computer forensics evidence.
• In re Met-Coil Systems Corp. (Bankr. D. Del.).* Represented corporate parent of debtor-in-possession for approval of a permanent "channeling" injunction barring toxic tort claims against the parent and successfully defended the parent against a veil piercing claim by a PRP seeking indemnification.
• Q Interactive, LLC v. Peluso (Cook Cty. Ill.)* Lead trial counsel in successful representation of internet advertising and lead development company against departing sales executive; winning TRO followed by consent decree.
• Schwann v. CNH America LLC, et al. (D. Neb.).* Successfully defended foreign corporate parent from veil piercing and successor liability claims by plaintiffs in a groundwater contamination toxic tort litigation.
• In re Transtar Holdings, LLC (American Arbitration Ass’n).* Lead trial counsel in successful representation of seller of steel fabrication company in arbitration of breach of warranty and indemnification claims by buyer.
• United Air Lines, Inc. v. U.S. Bank Trust N.A., et al. (Bankr. N.D. Ill.).* Trial counsel for the City of Chicago in litigation arising from debtors' default on municipal bond obligations.
• Waldron, et al. v. Dugan (N.D. Ill.)* Defense counsel for politically prominent ERISA plan fiduciary in high-profile action for alleged misappropriation of plan assets; won court approval of settlement of dispute over objections of proposed intervenors.

*Handled prior to Mr. Prewitt's joining Schiff Hardin.

Published Decisions

• In re Apco Liquidating Trust, 402 B.R. 648 (Bankr. M.D. La. Dec. 2009)
• Levar v. Steelworkers Pension Trust, 43 Employee Benefits Cas. 1651 (N.D. Ill. 2008)
• Waldron, et al. v. Dugan, 43 Employee Benefits Cas. 1593 (N.D. Ill. 2007)
• In re APCO Liquidating Trust, 370 B.R. 625 (Del. Bankr. 2007)
• Machinery Movers, Riggers and Machinery Erectors, Local 136 v. Nationwide Life Ins. Co., 40 Employee Benefits Cas. 1281 (N.D. Ill. 2006)
• Krumwiede v. Brighton Associates, LLC, 26 Empl. Discrim. Rep. (BNA) 726 (N.D. Ill. 2006)
• United Air Lines, Inc. v. U.S. Bank Trust, NA, et al. (In re UAL Corp.), 346 B.R. 456 (Bankr. N.D. Ill. 2006)

Publications

"Oh, Yeah – Don’t Forget About the Trial Counsel," The National Law Journal (Jan. 28, 2013)

"E-discovery: For Potential Trial Witnesses, Custodian Interviews Should Never Be Just About E-discovery," Inside Counsel (November 9, 2012)

"E-discovery: Don’t Allow Risk Management to Overwhelm Trial Counsel During an Early Case Assessment," Inside Counsel (October 5, 2012)

"E-discovery: The Dying Art of Early Case Assessment," Inside Counsel (August 31, 2012)

"E-discovery: 4 Elements of an Effective Arbitration Agreement Addressing Duty to Preserve," Inside Counsel (July 24, 2012)

"E-discovery: An Uncertain Standard for Cost Shifting Can Restore a Level Playing Field," Inside Counsel (July 10, 2012)

"E-discovery: Consider Retaining a Special Master," Inside Counsel (June 26, 2012)

"E-discovery: Early Preservation Demands Are Key In Courts With Few Ground Rules," Inside Counsel (April 27, 2012)

"A Litigator's Guide to Working with E-Discovery Consultants," Environmental Litigation, American Bar Association (March 14, 2012) republished in Litigation News, American Bar Association Section of Litigation (April 1, 2012)

"E-discovery: Piercing The "Veil Of Secrecy" In State Court Litigation," Inside Counsel (March 27, 2012)

"E-Discovery: Avoiding E-Discovery Offenses in State Courts," Inside Counsel (February 24, 2012)

"Addressing Bad Faith Claims Risk in Trade Secrets Cases," Law360 (February 2, 2012)

"E-Discovery: Litigating In Forums Without E-discovery Rules," Inside Counsel (January 31, 2012)

"E-Discovery: Justifying The Investment In An E-Discovery Consultant," Inside Counsel (December 23, 2011)

"E-Discovery: Waging a Strong E-Discovery Offense," Inside Counsel (November 22, 2011)

"E-Discovery: When Your E-Discovery Consultant Becomes a Testifying Witness," Inside Counsel (October 26, 2011)

"E-Discovery: One Size Does Not Fit All," Inside Counsel (September 20, 2011)

"E-Discovery: 3 Scenarios That Require An E-Discovery Consultant," Inside Counsel (August 23, 2011)

“Working with Nontestifying Experts,” ABA Section of Litigation Litigators on Experts: Strategies for Managing Expert Witnesses from Retention through Trial (August 1, 2010)

“Working with Non-Testifying Experts,” The Environmental Litigator (Winter 2009)

“Allowance of CERCLA § 113(f) Contribution Claims Under the Bankruptcy Code: Avoiding the Pitfalls of Section 502(e)(1)(B),” American Bar Association Environmental Litigation Newsletter (Spring 2007)

Speeches and Presentations

"The Intersection of Environmental Law & Bankruptcy Law," Environmental Committee of the Young Lawyers Section, Chicago Bar Association
(March 12, 2013)

"Panel: Trade Secret Litigation," (moderator) Network of Trial Law Firms, (November 10, 2012)

"Case Study: Spoliation," National Conference on Managing Electronic Records, Chicago, Ill. (May 8, 2012)

“Examination of Witnesses Regarding the Use and Basis of Demonstrative Exhibits in a Case Involving a Refinery's Alleged Violation of the Clean Air Act's NSR/PSD Regulations,” Air and Waste Management Association’s 104th Annual Conference, Orlando, Florida (June 21-24, 2011)

“Mock Trial: Cross Examination and Impeachment of Expert Witnesses — Everything You Said (and E-Mailed) Can and Will Be Used Against You,” 17th Annual International Petroleum & Biofuels Environmental Conference, San Antonio, Texas (August 30 - September 2, 2010)

“Mock Trial: Impeachment of Expert Witnesses,” National Groundwater Association Annual Meeting, Santa Clara, California (November 2009)

“Hot Topics in Environmental Law,” American Bar Association Annual Meeting, Chicago, Illinois (July 2009)

Pro Bono Activities

Mr. Prewitt represented a playwright as plaintiff in a Lanham Act suit  arising from false attribution of a play about civil rights martyr Emmett Till. He also represented an indigent plaintiff in a civil rights suit for false arrest and use of excessive force.