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At a Glance

Ken has extensive experience in complex commercial and business litigation representing financial institutions. His expertise includes trade secrets/unfair competition; broker-dealer defense; FCM/IB defense; SEC, CFTC, FINRA, NFA, and Exchange investigations and enforcement actions; contract disputes and large debt collections. He has defended class actions in New York and Chicago federal courts. He also regularly represents financial institutions in arbitration actions at the NFA, FINRA, NYSE and AAA.

Education
Washington University (A.B., magna cum laude, 1976)

Boston College Law School (J.D., cum laude, 1979)

University of Chicago (Bigelow Fellow, 1981-1982)
Practices/Industries
Areas of Concentration
  • Complex Commercial Litigation
  • Trade Secrets / Unfair Competition
  • Securities Litigation
  • Commodities Litigation
  • Financial Institution Litigation
  • Contract Disputes
Representative Experience
  • Has defended class actions in New York and Chicago federal courts.
  • Has defended a major national bank against allegations of wrongdoing in connection with acting as the paying agent for bonds issued by the German government. 
  • Has defended a major national bank against alleged violations of the federal Fair Credit Reporting Act.
  • Has defended a national broker-dealer against multi-million dollar claims arising out of the sale of O’Hare Airport expansion bonds due to the bankruptcy of United Airlines.
  • Has defended claim, arising out of termination of employment.
  • Has defended financial institutions in arbitration actions at the NFA, FINRA, NYSE, and AAA for losses allegedly caused by mishandling of brokerage accounts.
  • Has defended a national commodities firm against charges brought in Florida federal court by the CFTC Enforcement Division that it was committing systemic fraud in violation of the Commodity Exchange Act.
  • Has represented a receiver appointed by a Chicago federal court at the request of the SEC in connection with recovering investors assets squandered in a ponzi scheme.
  • Has testified as an expert witness on CFTC regulations and compliance procedures in the case of R.J. O'Brien & Associates, Inc. v. Clintonville Lumber, Inc., 04 ARB 119, at the National Futures Association.
Reported Cases

Moscatiello v. JJB Hilliard-WL Lyons, Inc., 939 A.2d 325 (Pa. S. Ct. 2008) (enforcement of arbitration award).

Plank v. Chesapeake Investment Services, Inc., [Current Transfer Binder] Comm. Fut. L. Rep. (CCH) 30,087 (CFTC May 31, 2005) (preclusive effect of arbitration award).

Plank v. Vision LP, 2003 US Dist. LEXIS 262 (N.D. Ill. Jan. 9, 2002) (Darrah, D.J.) (securities/commodities fraud action).

Nobrega v. Futures Trading Group, Inc., [1998-1999 Transfer Binder] Comm. Fut. L. Rep. (CCH) 27,680 (CFTC 1999), rev'd on appeal, [1999-2000 Transfer Binder] Comm. Fut. L. Rep (CCH) 28,267 (CFTC Sep. 29, 2000) (commodities fraud reparations action).

CFTC v. Trinity Financial Group, Inc., [1996-1998 Transfer Binder] Comm. Fut. L. Rep. 27,179 (S.D. Fla. Sept. 29, 1997), aff'd in part, rev'd in part 178 F.3d 1132 (11th Cir. 1999) (defense of CFTC enforcement action).

In re Mayer, [1994-1996 Transfer Binder] Comm. Fut. L. Rep. 26,736 (CFTC May 15, 1996) (defense of CFTC enforcement action).

Southmark Corp. v. Cagan, 999 F.2d 216 (7th Cir. 1993) (representation of federally-appointed receiver).

Davis v. Coopers & Lybrand, 787 F. Supp. 787 (N.D. Ill. 1992) (securities fraud).

In re Estate of Zukerman, 578 N.E.2d 248 (Ill. App. 1991) (establishment of oral trust).

People v. Jackson, 560 N.E.2d 1019 (Ill. App. 1990) (pro bono criminal appeal).

Ricciardello v. J.W. Gant & Co., 717 F. Supp. 56 (D. Conn. 1989) (successor liability of securities firm).

Buhle v. Chicago Board Options Exchange, Inc., 523 N.E.2d 1276 (Ill. App. 1988) (securities class action).

Bankston v. Chesapeake & Ohio Ry., 470 N.E.2d 52 (Ill. App. 1984) (FELA action).

Simpson v. General Motors Corp., 455 N.E.2d 137 (Ill. App. 1983) (products liability).

Honors/Distinctions

AV Rated - Martindale-Hubbell

Named an "Illinois Super Lawyer" in a survey of Illinois lawyers by Chicago magazine (2007, 2009-2012)

Named a "Leading Lawyer” in a survey of lawyers by the Leading Lawyers Network (2010, 2011)

Publications/Presentations

Publications
"The Bail Reform Act of 1984," 35 Emory Law Journal 685 (1985)

"Implied Malice - The Coming Constitutional Crisis in Tennessee," 15 Mem St. Law Review 369 (1985)

"Model Adoption Act & Commentary," 29 Family Law Quarterly 103 (1985) (with ABA Executive Committee on Adoption)

"Are All Murderers Unfit Parents?," 29 Journal of Family Law 415 (1982)

"The Israeli Standard Contract Law," 28 International and Comp. Law Quarterly 560 (1979)

Presentations
“Is Aiding and Abetting Liability Really Dead?” Hot Topics: Financial Services Update 2008 (December 2008)

"Marketing of Hedge Funds," Hot Topics: Financial Services Update 2006 (May 2006)

“Secondary Liability,” Hot Liability Topics for Financial Service Providers (March 2005)

Professional Affiliations
Chicago Bar Association

Securities  Industry Association

Northern Illinois University School of Law (Visiting Professor, 1986-1987)

University of Memphis Law School (Professor of Law, 1983-1986)

University of Chicago Law School (Lecturer in Law, 1981-1982)
Community Involvement
JNF Chicago (Board of Directors)

JNF Loop Professionals Group (Founding Member)

Ida Crown Jewish Academy (Former Member, Board of Governors)

Board of Directors, Hillel Torah North Suburban Day School (Past Member)

Congregation Of Torah (Past Officer)

Chicago Volunteer Legal Services (Former Volunteer)
Admissions

State of Illinois

U.S. Court of Appeals, Fifth Circuit

U.S. Court of Appeals, Seventh Circuit

U.S. Court of Appeals, Ninth Circuit

U.S. District Court, Northern District of Illinois - Trial Bar