Brian D. Sieve, P.C.

Representative Clients

• Honeywell, Inc.
• Motorola, Inc.
• Loren Cook Company
• Ipsos, S.A.
• General Motors Corporation
• Alberto-Culver Co.
• Federal Express Corporation
• Sycamore Networks, Inc.
• CNH America LLC
• First Tennessee National Association
• Sportmart
• Anheuser‑Busch, Inc.
• Tellabs, Inc.
• Osram Sylvania, Inc.
• Abbott Laboratories
• Clearwater Analytics

Selected Trial, TRO, Preliminary Injunction and Markman Experience

• Michael Rosati, et al. v. Anthony Rosati, et al. (August 2021): Lead counsel for plaintiffs in derivative action asserting claims for trademark infringement. After briefing and a hearing, the court granted plaintiffs’ request for a preliminary injunction, precluding defendants from selling frozen pizzas using the Rosati trademarks.
• In re Confidential Arbitration (April–July 2021): Lead counsel for claimant asserting claims for breach of an IT service agreement. After a three-week arbitration hearing conducted over Zoom, the panel found in favor of our client on every issue, awarded the full amount of damages sought, and awarded prejudgment and post-judgment interest. 
• SS&C Technologies v. Clearwater Analytics (April 2019): Lead counsel for Clearwater in theft of trade secret jury trial. Client conceded that its employees had taken and used certain of plaintiff’s information. Plaintiff was awarded only 7% of its requested damages.
• Ward v. General Motors LLC (July 2017): Represented General Motors LLC in a personal injury product liability case arising from client’s recall of ignition switches in various model vehicles. After a three week trial, jury returned a defense verdict.
• Barthelemy/Spain v. General Motors LLC (March 2016): Represented General Motors LLC in a personal injury product liability case arising from client’s recall of ignition switches in various model vehicles. After a three week trial, jury returned a defense verdict.
• Trans Healthcare, Inc. v. GTCR, et al (September 2014): Represented a private equity company, its affiliates and one of its principals in a fraud action filed in bankruptcy court in Tampa, Florida. Following multiweek bench trial, court entered a decision in clients’ favor on all claims.
• Front Porch Entertainment v. Procter & Gamble Productions (December 2012): Lead counsel for Front Porch in preliminary injunction hearing involving dispute over online licensing rights to television movies. After multiday evidentiary hearing, court granted a mandatory injunction.
• Citadel v. Pu (October 2011): Lead counsel for Citadel in theft of trade secret case. Successfully obtained emergency temporary restraining order (TRO) and subsequent preliminary injunction after evidentiary hearing.
• Citadel v. Mikhail Malyshev (August 2010): Lead counsel for Citadel in two-week arbitration seeking damages and injunction for breach of employment agreements and misappropriation of trade secrets.
• In re Confidential Arbitration (May 2010): Lead counsel in patent licensing dispute involving technology related to Hepatitis C antigens.
• Citadel v. Teza Technologies (October 2009): Lead counsel for Citadel in six-day preliminary injunction hearing seeking relief for breach of non-compete and non-solicitation agreements. Successfully obtained injunctive relief and sanctions ($2.2 million fine, believed to be the largest in Illinois history) against a defendant for intentional spoliation of evidence.
• Greenheck Fan Co. v. Loren Cook Co. (February 2009): Lead counsel for Loren Cook Company in Markman hearing in a patent infringement action involving mixed flow fans in Western District of Wisconsin. Matter settled shortly after hearing.
• In re Confidential Arbitration (December 2008–February 2009): Successfully represented client in a patent license dispute involving technology related to Hepatitis C antigens.
• Arbitron, Inc. v. Ipsos, S.A., et al. (November 2008): Lead counsel for Ipsos in Markman hearing in patent infringement action involving audio encoding technology in Eastern District of Texas. Court issued opinion adopting Ipsos’ position that some of plaintiff’s claims were indefinite. Case settled shortly after Markman ruling.
• Woods, et al. v. Boston Scientific Corp. (September 2006): Represented Boston Scientific in preliminary injunction hearing in federal court in New York.
• Nilssen v. Osram Sylvania, Inc. (February 2006): Lead counsel representing Osram in six-day bench trial on inequitable conduct defense in patent infringement suit. Court held fifteen of plaintiff's patents unenforceable and ordered plaintiff to pay Osram over $6.1 million in fees and costs. Decision affirmed in its entirety on appeal and was recognized as one of the top ten IP decisions of 2008.
• O'Kane v. Magnesen and Morgan Stanley (October–December 2004): Lead counsel in multiday NYSE arbitration. Obtained complete defense verdict and successfully had claim expunged from broker’s record.
• Nilssen v. MagneTek, Inc. (November 2004): Lead counsel in patent infringement arbitration representing MagneTek.
• Morgan v. General Motors Corp. (July–August 2004): Represented GM in a product liability case. After a six-week jury trial, obtained a complete defense verdict.
• In re UAL Corporation (December 2002–present): Represented United Airlines in numerous trials/evidentiary hearings in bankruptcy action, including, among others, the following:
  • State Street Bank & Trust v. United Airlines, Inc.: Lead counsel in multiday trial involving United’s request for injunction to preclude sale of common stock so as to preserve “net operating loss” under Internal Revenue Code. After a series of trials, the court granted the injunction.
  • National Processing Co., LLC, et al. v. United Airlines, Inc.: Lead trial counsel in action in which National Processing sought declaration that credit card processing agreement constituted a “financial accommodation” under Section 365(c)(2) of Bankruptcy Code. Judgment entered in United’s favor.
  • Atlantic Coast Airlines and Air Wisconsin: Atlantic Coast Airlines (ACA) filed a motion seeking to compel United to decide whether to assume or reject the contract pursuant to which ACA flies United passengers under the United Express moniker. United objected. After a one-day trial, the court agreed with United and rejected ACA’s motion.
  • KERP I: On the first day of the case, United filed a motion for authority to implement a Key Employee Retention Plan (“KERP”). A number of constituencies, including the Creditors’ Committee and the Association of Flight Attendants (AFA), objected. United prepared for trial and engaged in discovery with both the Committee and the AFA, after which both agreed to withdraw their objections and permit United to implement the KERP.
  • KERP II: United filed a motion for authority to implement a second Key Employee Retention Plan (“KERP II”) for specific technical and professional employees. United asserted that it needed these individuals to complete restructuring-specific projects and that it risked substantial turnover absent a bonus plan. The Creditors’ Committee and the AFA again objected. United and the AFA tried the case, by stipulations and written evidence, after which Chief Judge Wedoff ruled in United’s favor.
  • Glenn Tilton Contract: On the first day of the case, United filed a motion to assume the employment contract of CEO Glenn Tilton. Mr. Tilton’s contract permitted him to leave the company, while securing significant compensation, if it was not assumed shortly after the company filed for bankruptcy. The Creditors’ Committee and the AFA objected to this motion, asserting that United should not assume this obligation and/or that United should wait until making this decision. The parties stipulated to a series of facts and argued based on those facts. After oral argument, Chief Judge Wedoff ruled in United’s favor and permitted assumption of Mr. Tilton’s contract.
  • Explorer Pipeline: Explorer Pipeline Company ships jet fuel owned by United from the Gulf of Mexico to United facilities in Hammond, Indiana. On the date United filed for bankruptcy, it owed Explorer approximately $450,000. At the same time, a substantial amount of United’s jet fuel was located in Explorer’s pipeline. Explorer delivered the fuel to United, it asserted, in reliance on a promise from United to pay its prepetition $450,000 debt. When United refused to pay, Explorer filed a “Motion for Adequate Protection,” asserting that it had a lien against fuel in United’s possession to cover its prepetition debt. After a trial, the court ruled in United’s favor. In re UAL Corp., 297 B.R. 710 (Bankr. N.D. Ill. 2003).
  • Summers: Individual plaintiffs suing on behalf of a class of ESOP participants sued the ESOP, the ESOP Committee, and UAL Corporation, alleging breach of fiduciary duty under ERISA in the defendants’ failure to sell UAL stock before its value declined significantly after July 2001. United, in the bankruptcy, filed a motion to extend the automatic stay to stop the litigation from going forward while the bankruptcy was pending. After briefing and argument, court ruled in United’s favor and stayed the case.
• Nilssen v. Motorola, Inc. (January 2003): Represented Motorola in commercial arbitration arising from patent infringement and trade secret claims asserted against client. Arbitrator entered award for 10% of what plaintiff requested.
• Randolph, et al. v. Cardinal Logistics Management, Inc., et al. (December 2002): Represented Cardinal Logistics and one of its subsidiaries in breach of contract jury trial in Winston-Salem, North Carolina. Case settlement on favorable terms after opening statements and cross-examination of plaintiff.
• Innotek, Inc. v. Bloom, et al. (November 2002): Represented Innotek in commercial arbitration in Chicago that ultimately led to settlement of case.
• Case New Holland, Inc. v. Bamal Corp. (June 2002): Lead counsel in action successfully obtaining TRO on behalf of Case New Holland to prevent Bamal from terminating key supply contract. Matter settled favorably for client after we obtained the TRO.
• Microstrategy, Inc. v. Motorola, Inc. (February 2001): Successfully represented Motorola in trademark infringement action. Microstrategy sought a preliminary injunction to preclude Motorola from launching its worldwide advertising campaign based on the phrase “Intelligence Everywhere.” District court’s decision denying the preliminary injunction was affirmed in an expedited appeal by the Fourth Circuit in March 2001.
• Razor USA LLC v. Asa Products, Inc., et al. (November–December 2000): Successfully obtained TROs and preliminary injunctions against numerous scooter manufacturers in patent infringement and trade dress action on behalf of Razor USA, the exclusive North American distributor of the popular “Razor” scooters. Case received national media attention. (See, e.g., “Scooter makers bump into patent infringement claim,” Associated Press, December 6, 2000).
• Procter & Gamble Co. v. Stoneham (October 1999): Represented Paul Stoneham, a former Procter & Gamble marketing manager hired as President of Alberto-Culver International, in two-week non-compete and theft of trade secret trial in Cincinnati, Ohio. P&G sought both a permanent injunction precluding Stoneham from working in certain capacities at Alberto-Culver and damages. At conclusion of P&G’s case-in-chief, the court granted a directed verdict in client's favor on all issues. The case was featured in the November 10, 1999 edition of the Wall Street Journal (“P&G Has Court Setback on Noncompete Accord,” p. B3).
• Laidlaw, Inc., et al. v. Student Transportation of America, Inc., et al. (July 1998): Represented Student Transportation of America and several of its officers in a two-week preliminary injunction non-compete hearing in United States District Court in New Jersey. Plaintiffs sought to enjoin clients from continuing in business. Plaintiffs’ motion for a preliminary injunction was denied in its entirety.
• Arnold v. Nissan Motor Corp. U.S.A. (December 1994): Represented Nissan in a lengthy evidentiary hearing in which plaintiff sought default judgment for discovery violations. Golden Flag replaced prior counsel for the hearing. Court denied plaintiff’s motion.
• Cooper v. General Motors Corporation (March 1994): Represented General Motors in this product liability case in Kent County, Michigan state court. Plaintiff was injured when her vehicle struck a tree. Plaintiff suffered a residual closed head injury, a broken jaw, TMJ problems, and a broken femur. Plaintiff alleged a defective seat belt restraint system. Jury returned a defense verdict.
• Weidenaar v. Amoco Oil Co., et al. (November 1992): Represented Amoco in this premises liability case in Indiana state court. Plaintiff was a quadriplegic injured in a roofing accident at an Amoco warehouse. Plaintiff sued Amoco and Northern Indiana Public Service Commission (NIPSCO). Jury rendered a verdict based on comparative fault of: Amoco 10%, Weidenaar 40% and NIPSCO 50%.
• In the Matter of EduServ Arbitration (October 1992): Represented EduServ Holding Corporation in this commercial arbitration in Minneapolis, Minnesota. Arbitration involved a dispute over the appropriate purchase price adjustment in a sale transaction. Arbitration panel awarded our client $1.5 million.
• Hershey v. General Motors Corp., et al. (July 1991): Represented GM in this products liability case in California state court. Plaintiff was a quadriplegic injured in a GM automobile when a traffic offender fleeing from Los Angeles County sheriffs struck her vehicle. Case settled on eve of jury deliberations for nominal sum and jury later returned a verdict of no liability against GM.

Selected Oral Arguments and Hearings

• Stroitelstvo Bulgaria Ltd. v. The Bulgarian-American Enterprise Funds: Successfully argued appeal before United States Seventh Circuit Court of Appeals affirming forum non conveniens dismissal.
• Nilssen, et al. v. Osram Sylvania, Inc., et al.: Successfully argued appeal before United States Court of Appeals for the Federal Circuit affirming $6.1 million fee award to Osram.
• Woods, et al. v. Boston Scientific Corp.: Successfully argued expedited appeal before United States Second Circuit Court of Appeals in case involving contract dispute and a permanent injunction.
• Nilssen, et al. v. Osram Sylvania, Inc., et. al.: Successfully argued appeal before United States Court of Appeals for the Federal Circuit involving inequitable conduct judgment. Case selected for The National Law Journal’s “Appellate Hot List” for 2007.
• In re United Airlines, Inc.: Successfully argued appeal before United States Seventh Circuit Court of Appeals in case involving claim under Section 365(c)(2) of Bankruptcy Code.
• Nilssen v. Motorola, Inc.: Argued appeal before United States Seventh Circuit Court of Appeals in trade secret action. Case remanded and then settled.
• Nilssen v. Motorola, Inc.: Argued appeal before Federal Circuit Court of Appeals on behalf of Motorola. Motorola won the case in the district court just days before trial when the court granted a series of pretrial motions filed by Motorola. Federal Circuit granted motion by Motorola after oral argument and transferred case to Seventh Circuit.
• Procter & Gamble Co. v. Stoneham: Argued appeal before Ohio Court of Appeals in non-compete action. Case remanded and then settled.
• Level 3 Communications, Inc. v. Federal Insurance Co., et. al.: argued two appeals before United States Seventh Circuit Court of Appeals on behalf of Level 3 in insurance coverage action.
• Schiffner v. Motorola, Inc.: successfully argued appeal on behalf of Motorola to Illinois appellate court. The appellate court affirmed the trial court’s dismissal order.
• Gustafson, et. al. v. Alloyd, Inc., et. al.: Appeared before the United States Supreme Court in a case addressing the scope of Section 12(2) of the 1933 Securities Act.
• Johnson v. Wheeling-Nisshin and Hitachi, Ltd.: Successfully argued interlocutory appeal before West Virginia Supreme Court in a case addressing the interpretation of West Virginia Rule of Civil Procedure 26 pertaining to protective orders. This was an issue of first impression in West Virginia. Court issued opinion in client’s favor.

Appointed to represent criminal defendants in several cases, including alleged terrorism conspiracy case in Toledo, Ohio.

Appointed as a Panel Attorney in the Federal Defender Program in the Northern District of Illinois (since 1996).

Appointed in federal district court to represent plaintiffs asserting claims for civil rights violations.