News & Publications
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2012

Steven B. Towbin was named one of the top 10 lawyers in Illinois by Super Lawyers.

On February 15, 2012, the Banking Law Journal, one of the nation's leading legal periodicals focusing on banking issues, appointed Terence G. Banich to be a member of its Board of Editors. In this capacity, Mr. Banich will author a column, "Banking Briefs," addressing recent cases decided by federal and state courts that are likely to be of interest to lawyers, bankers and other professionals. Mr. Banich succeeds longtime Banking Briefs columnist Donald R. Cassling, who recently became a United States Bankruptcy Judge for the Northern District of Illinois.

David B. Goodman is scheduled to speak at the Real Estate and Land Use Litigation Conference on March 1, 2012.

David L. Shaw was selected by the Leading Lawyers Network as one of the 10 best zoning and land use lawyers in Illinois as well as one of the 100 best real estate lawyers in Illinois. Download the article about Mr. Shaw here.

In his capacity as chapter 11 trustee for LVBC Realty Holdings, LLC, Rick Fogel successfully sells at auction the iconic "Eamus Catuli" rooftop building across the street from Wrigley Field. David Horwitch handled the real-estate transactions necessary to complete the sale of that famous property.

Shaw Gussis announces that it has opened an office in Northbrook, Illinois. Located at 601 N. Skokie Boulevard, David L. Shaw is resident there, effective February 1, 2012. All visits are by appointment only. Contact information for the Firm's Northbrook office can be found here.

Shaw Gussis is pleased to announce that Jay S. Geller has rejoined the Firm as Of Counsel.


2011

In December 2011, Mark L. Radtke spoke at a program entitled "Why Is There Never a Single Answer for the Cost of Capital or Value in Bankruptcy Proceedings?" at the American Bankruptcy Institute's Winter Leadership Conference in Palm Springs, California.

Ira Bodenstein was appointed chapter 11 trustee in the bankruptcy cases of Heritage Village Pointe Condominium Association and Forest Ridge Condominium Sub-Association.

Rick Fogel was appointed chapter 11 trustee for LVBC Realty Holdings, LLC, the owner of the iconic "Eamus Catuli" rooftop building across the street from Wrigley Field.

Terence G. Banich was appointed to the American Bankruptcy Institute's Bankruptcy Litigation Committee.

On September 19, 2011, Jeffrey L. Widman and Terence G. Banich obtained a jury verdict in the 68th District Court, Dallas County, Texas, awarding $610,000 in damages to a Firm client that sued for breach of a mail processing agreement, while rejecting the defendants' multimillion-dollar counterclaim.

Brian L. Shaw spoke on the use of expert witnesses in bankruptcy litigation and related issues at the American Bankruptcy Institute's Southwest Bankruptcy Conference held in Las Vegas in September 2011 and at the National Conference of Bankruptcy Judges held in October 2011 in Tampa.

Brian L. Shaw and Mark L. Radtke authored "Make Sure Incredible Expert Is Also Credible" in the September 2011 American Bankruptcy Institute Journal.

On on August 16, 2011, David B. Goodman, George Spathis and Kevin M. Hyde obtained a jury verdict in federal court on behalf of a beer distributor whose distribution rights had been unlawfully terminated. In addition to compensatory damages, the jury awarded penalties under the Illinois Beer Fair Dealing Act ("BIFDA"), punitive damages and attorney's fees. This case, Leonel & Noel, Inc. v. Central Beer Import & Export, Inc., No. 08 CV 5556 (N.D. Ill.), is the first case tried to a jury under BIFDA and represents a significant victory for the rights of distributors against brewers that seek to use their market power to avoid their statutory and contractual obligations.

Terence G. Banich was named a Leading Lawyer in 2011 in the area of Commercial Litigation by the Leading Lawyers Network. In July 2011, Mr. Banich published an article examining remnants of demolished parts of the elevated train system in Chicago.

Robert M. Fishman, Gordon E. Gouveia and Kimberly A. Bacher co-authored an article entitled "Revisiting the Indubitable Equivalent Standard: Undoubtedly the Same or Close Enough?", which was published in the June 2011 edition of the Norton Journal of Bankruptcy Law and Practice. The article, which explains how the "indubitable equivalent" concept relates to confirmation of plans under the Bankruptcy Code, can be downloaded here.

Mark L. Radtke was named to the Advisory Board for the American Bankruptcy Institute's Central States Bankruptcy Workshop.

In May 2011, Ira Bodenstein, S. Jarret Raab and Richard A. Saldinger successfully represented the court-appointed receiver of certain fraudulently operated commodity trading pools in two separate matters before the United States Court of Appeals for the Seventh Circuit in Commodity Futures Trading Comm’n v. Lake Shore Asset Mgmt. Ltd., 646 F.3d 401 (7th Cir. 2011). In the first appeal, the Court affirmed the denial of a $6.7 million claim brought against the receiver by a financial institution located in the principality of Andorra. In the second, the Court upheld the lower court’s denial of a Bahamian hedge fund’s $600,000 claim challenging the asset distribution plan utilized by the receiver.

Brian L. Shaw served on the faculty of the American Bankruptcy Institute's Litigation Skills Program held at Southern Methodist University's School of Law in May 2011.

Steven B. Towbin authored a chapter in an IICLE book on business bankruptcies published in February 2011.

Shaw Gussis is pleased to announce that Joseph L. Cohen and S. Jarret Raab have been elected Members of the Firm, and Salvatore A. Barbatano has joined the Firm as Of Counsel.


2010

Steven B. Towbin spoke at the ABI Winter Leadership Conference in Phoenix, Arizona in December 2010.

On October 1, 2010, Ira Bodenstein was appointed to the panel of private trustees for the Northern District of Illinois by United States Trustee William T. Neary. Mr Bodenstein previously served as the United States Trustee from May 1998 to February 2006.

Robert M. Fishman and Gordon E. Gouveia authored What’s Driving Section 363 Sales After Chrysler and General Motors in the August 2010 Norton Journal of Bankruptcy Law and Practice. [1]

Mark L. Radtke was a co-author for an article titled Jurisdiction and Venue: First in Time Apparently Has Its Privileges, But Should It? In the July/August 2010 American Bankruptcy Institute Journal.

Brian L. Shaw spoke on Ponzi Schemes in Bankruptcy at the American Bankruptcy Institute’s Third Hawaii Workshop in Kona, Hawaii in August 2010.

Terence G. Banich was named a Leading Lawyer in 2010 in the area of Commercial Litigation by the Leading Lawyers Network.

Brian L. Shaw and Mark L. Radtke authored Jurisdiction And Venue: First In Time Apparently Has Its Privileges, But Should It? in the July/August 2010 American Bankruptcy Institute Journal

Brian L. Shaw is the American Bankruptcy Institute’s Vice President of Membership and sits on its Board of Directors’ Executive Committee.

Rick Fogel participated in a panel discussion on the topic of exemptions and property of the estate at the American Bankruptcy Institute Chicago Consumer Program


2009 and Prior

Terence G. Banich was appointed by Loyola University Chicago in 2009 to be an Adjunct Professor of Law, where he teaches classes on advanced civil procedure and history of the federal judiciary.

Robert M. Fishman and Matthew A. Swanson authored What is Your “Interest” in Section 363(f) in the Norton Annual Survey of Bankruptcy Law 2008 Edition. [2]

S. Jarret Raab published an article in the Loyola University Chicago Law Journal titled "Requests for Admission in Illinois: No Longer a Trap for the Unwary," 39 Loy. U. Chi. L.J. 743 (2008). A copy can be found here.

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1. What’s Driving Section 363 Sales After Chrysler and General Motors first appeared in 19 Norton Journal of Bankruptcy Law and Practice No. 4 (August 2010) published by West, a Thomson Reuters business. © Copyrighted article is reproduced with the consent of the copyright holder, West Services, Inc.

2. What is Your “Interest” in Section 363(f) first appeared in the 2008 edition of the Norton Annual Survey of Bankruptcy Law, published by West, a Thomson Reuters business. © Copyrighted article is reproduced with the consent of the copyright holder, West Services, Inc.