Commercial and Intellectual Property Litigation

 

312-527-1448

MStein@tottislaw.com

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Admissions

  • State of Illinois
  • United States Court of Appeals for the Seventh Circuit
  • Multiple United States District Courts, including the Northern, Central, and Southern Districts of Illinois, Western District of Michigan, and the Eastern and Western Districts of Wisconsin
  • Northern District of Illinois Trial Bar

 

Degrees

  • JD with Honors, Order of the Coif, IIT Chicago-Kent College of Law, 2001
  • BA Political Science, Carleton College, 1995

 

Max A. Stein

Partner

Max works with clients to cost-effectively solve problems. Usually that means litigating, where Max has wide-ranging experience in state and federal courts. Sometimes it means finding creative solutions to their disputes. What it also means, though, is giving them practical advice for their businesses.

Over the years Max has litigated and resolved contract disputes, trademark and trade secret cases, partnership and shareholder disputes, civil RICO and securities fraud claims, legal malpractice cases, bank and loan-related claims and consumer fraud matters. He also has represented parties in commercial real estate disputes, including both landlords and tenants, and on issues relating to condominium associations. In addition to his extensive trial and appellate experience, outside the courtroom, Max regularly advises clients on a wide array of legal and business issues.

Representative Cases
Presentations & Publications
Professional Leadership
  • Represented plaintiffs in a four-week federal jury trial pursuing civil RICO action claims arising out of a scheme to obtain disproportionate share of properties sold at auction and subsequent successful appeal, resulting in a multi-million-dollar jury verdict against two defendant groups and multiple multi-million-dollar settlements reached during trial.
  • Defended publicly traded company against claims brought by a founding member of the company for breach of contract and tortious interference in a week-long federal jury trial, resulting in a favorable verdict and successful defense of that verdict on appeal.
  • Defended limited partnership’s general partner against claims for breaches of fiduciary duty and other wrongs, achieving a favorable settlement.
  • Represented limited partnership in litigation regarding disputed renewal of ground leases for properties owned by the partnership and leased to two, multi-billion-dollar companies.
  • Defended manufacturer against customer’s claims over alleged product defect resulting in a favorable settlement.
  • Represented individual claimants seeking to preserve their lien priority positions in SEC-initiated receivership proceeding following collapse of investment scheme.
  • Represented individual defendants in litigations brought against them and their employers for claims ranging from tortious interference to defamation to battery.
  • Defended recent immigrant against claims by her former immigration attorney for unpaid fees, establishing at trial that the former attorney was not entitled to any fees.
  • Defended Chicago restaurant accused of infringing trade dress of group of New York restaurants resulting in a favorable settlement.
  • Represented shareholders in minority shareholder oppression litigations against majority shareholders, resulting in favorable resolutions including sale of minority shareholders’ interests.
  • Represented multiple financial institutions in a variety of cases related to distressed loans, including enforcing and recovering on loan instruments, commercial mortgage foreclosure actions and defending against counterclaims brought against lenders.
  • Successfully represented widow in life insurance distribution action resulting in judgment awarding all proceeds to client.
  • Represented consumers in class actions brought regarding alleged deficiencies in labels for dietary supplements.
  • Represented multi-level marketing company accused of breaching consumer fraud statutes in both consumer class action and state enforcement litigations.
  • Represented multiple institutional investors in successful pursuit of securities fraud claims arising from purchase of over $600 million in asset-backed debt securities.
  • Successfully represented non-profit organization in malpractice action against accountant.
  • Represented low-income residents in multiple successful suits brought against HUD and private developers seeking to preserve affordable housing units.
  • Represented trustees in resisting effort to involve assets of the trust in multiple divorce proceedings.

  • Moderator / Panelist
    • Financial Poise’s Complex Financial Litigation Series – Moderator for Episodes:
      • Common Issues and Strategies in Business Breakups (2020-2022)
      • Nuts & Bolts of Lost Profit Cases (2020-2022)
      • Resolving Shareholder Disputes (2020-2022)
      • Defending Against Bankruptcy Avoidance Actions (2020-2022)
    • Financial Poise’s Newbie Litigator School Series – Panelist for Episodes
      • The Federal Rules of Civil Procedure (2018, 2020, 2022)
      • Discovery Practice (2018-2020, 2021)
      • Dispositive Motions (2020)
      • Working With Experts (2020)
      • TROs and Preliminary Injunctions (2019)
    • Financial Poise’s Common Commercial Conflicts Series – Panelist for Episodes:
      • Common Issues and Strategies in Business Breakups (2018-2019)
      • Resolving Shareholder Disputes (2017-2018)
    • Financial Poise’s One Hour Law School Series – Panelist For Episodes:
      • Data Privacy & Security (2019)
      • Using Copyrighted Material Without Violating Copyright Law (2019)
  • Member of the Board of Directors and past Board Chair of the Chicago Lawyers’ Committee for Civil Rights
  • Member of the Board of Directors and Past President of K.A.M. Isaiah Israel Congregation
  • Former Member of the Board of Directors of the Sargent Shriver National Center on Poverty Law
  • Former Chair of Drummond Montessori Local School Council
  • Former Member of the Board of Directors of the West Bucktown Neighborhood Association

 

Commercial and Intellectual Property Litigation