Richard Darke is a commercial litigator who focuses his practice on financial services and healthcare litigation. He has broad experience on myriad legal issues including structured finance, commercial mortgage backed securities (CMBS), tortious interference, RICO claims, privacy law, director and officer liability, breach of contract, fraud, fraudulent and preferential transfers, and class action defense.
Mr. Darke counsels clients on a variety of issues including the Illinois Biometric Information Privacy Act (BIPA), Telephone Consumer Protection Act, Illinois Trade Secrets Act, enforceability of non-compete and non-solicitation agreements and injunctive relief, as well as lender liability and fiduciary duty claims.
He frequently handles internal investigations on important and sensitive client issues. Mr. Darke has successfully tried numerous jury and bench trials in state and federal courts throughout the country.
- Defended special servicer in 4-week bench trial in Illinois state court for alleged breach of Pooling and Servicing Agreement (PSA) following the servicer’s sale of a hotel.
- Obtained jury verdict in favor of client in legal malpractice action arising out of attorney’s negligent legal advice provided in sale of business.
- Obtained million-dollar jury verdict in favor of bank on defendant’s breach of a support agreement arising out of a multi-million dollar bond financing transaction.
- Successfully defeated chapter 11 debtor’s plan of reorganization following two-week bench trial enabling lender to obtain title to multimillion-dollar apartment complex pledged as collateral for credit facility.
- Obtained jury verdict for individual defendants wrongfully sued for breach of a residential real estate contract and common law fraud after a two-and-a-half-week jury trial.
- Successfully defended rights of creditor bank against a bankrupt debtor’s proposed plan of reorganization, a local residential real estate developer, during a five-day bench trial in federal bankruptcy court, saving his client in excess of $20 million in assets.
- Handled adversary complaint brought for national bank against chapter 11 debtor for fraudulent and preferential transfers of 20 parcels of real estate located throughout Illinois.
- Successfully defended officers and directors on breach of fiduciary duty claims seeking damages totaling in excess of $26 million.
- Obtained dismissal of consumer class action against a national debt collector for alleged violations of the federal Fair Debt Collection Practices Act.
Education : University of Michigan Law School, J.D., 1998
- Supreme Court of the United States
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. Court of Appeals for the Ninth Circuit
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