Experienced across a broad spectrum of complex commercial litigation, Dan Shmikler represents companies and individuals nationwide in their business-related disputes, both at trial and appellate levels, in federal and state courts, as well as in arbitrations and mediations.
Dan’s cases have included antitrust, securities, fraud, defamation, fiduciary duty, intellectual property, RICO, real estate transactions, trademarks, restrictive covenants, class actions, bankruptcy cases, and contract disputes.
Dan excels in delivering well-reasoned, straightforward, and compelling arguments on his clients’ behalf aimed at achieving extraordinary results every time. Regarded as smart, thorough, and an excellent communicator, he clearly explains the process to clients, their options, and potential outcomes so they can make well-informed business decisions and feel confident they fully understand the proceedings and how their positions will be presented.
Representative Matters
Obtained appellate reversal of summary judgment by the Appellate Court of Illinois on behalf of a construction company seeking unpaid utility fees, culminating in a highly favorable settlement.
Obtained appellate reversal of dismissal by the Appellate Division of the New York Supreme Court on behalf of a commodities trader in an action against its broker for breach of contract.
Won summary judgment in Ohio federal court on behalf of a regional home health care provider against claims that its use of “VNA” as part of its trade name infringed a state-registered trademark and constituted unfair competition. The court not only dismissed all adverse claims but also ordered the cancellation of plaintiff’s trademark registration.
Secured $85 million settlement on behalf of the administrative creditors of one of the nation’s largest steel companies, paying their claims in full. The claims arose out of what is believed to be the largest administrative insolvency in American history and were grounded in the seldom-litigated fiduciary duties of officers and directors of a debtor-in-possession.
Defeated summary judgment in New York federal court on behalf of purchasers of Enron debt securities in an action against Enron officers and underwriter investment banks, resulting in a substantial settlement recovery.
Obtained a dispositive interim award in an AAA arbitration, without the necessity of a full hearing, enabling a commercial property owner to proceed with the lease of the premises to Chicago Public Schools for an early learning center, defeating the attempted interference of an adjacent condominium association.
Professional Activities
Professional Memberships
American Bar Association
Illinois State Bar Association
Chicago Bar Association
Decalogue Society
Congregation Shaarei Tzedek Mishkan Yair
- Past President
Practice Areas
Education
J.D., Northwestern University School of Law, cum laude, 1996
- Note and Comment Editor, Northwestern University Law Review
B.A., University of Chicago, Political Science, 1991
Bar Admissions
- Illinois
- U.S. Supreme Court
- Trial Bar, U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Western District of Michigan
