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Chicago International Dispute Resolution Association
W. H. LEVIT, JR.
| PERSONAL: | Born San Francisco, California February 8, 1938 Married to Mary Elizabeth Webster Levit 5 adult children |
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| EDUCATION: | Harvard Law School | LL.B - 1967 |
| Editor-in-Chief | 1966 - 1967 | |
| Harvard International Law Journal | ||
| National Defense and Education Act Fellow | M.A. - 1962 | |
| University of California, Berkeley | International Relations | |
| Ford Foundation Fellow | 1960 - 1961 | |
| University of Pennsylvania | South Asia Studies | |
| Yale University | B.A. - 1960 | |
| Magna Cum Laude | Asian History | |
| Phi Beta Kappa | ||
| WORK EXPERIENCE: |
GODFREY & KAHN, S.C. | Jan. 1983-Present |
| Milwaukee, Wisconsin | ||
| Senior Litigation Lawyer, Firm’s | ||
| General Counsel and Loss Prevention | ||
| Partner and Chair, International Practice Group | ||
| Former Chair Litigation Group and Former | ||
| Member Board of Directors | ||
| REXNORD INC. (then Fortune 250 Multinational Company) |
May 1979-Dec. 1982 | |
| Milwaukee, Wisconsin | ||
| Secretary and General Counsel | ||
| HUGHES HUBBARD & REED | Nov. 1973-April 1979 | |
| New York City and Los Angeles | ||
| Associate & Partner (1975-1979) | ||
| in Charge Los Angeles, Litigation Department | ||
| DAVIS POLK & WARDWELL | Aug. 1967-Oct. 1973 | |
| New York City | ||
| Associate, Litigation Department | ||
| (Full time criminal defense lawyer on loan to Legal Aid Society, Manhattan Branch) | 1968-1969 | |
| UNITED STATES FOREIGN SERVICE OFFICER | June 1962-June 1964 | |
| Assigned to American Embassy New Delhi (1963-1964) |
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| REPRESENTATIVE LITIGATION AND ARBITRATION EXPERIENCE: |
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| Intellectual Property | ||
| Advanced Software Design Corp., et al. v. Federal Reserve Bank of St. Louis, et al., 2007 WL 3352365 (E.D. Mo.). Lead counsel for three Federal Reserve Banks and Fiserv, Inc. in obtaining summary judgment dismissing all claims against the Banks and against Fiserv insofar as they allegedly infringed the plaintiffs' patents when encoding data on U.S. Treasury checks to detect fraud on the grounds only proper defendant is the U.S. Government, who must be sued in Federal Court of Claims. | ||
| Manpower Inc. v. Manpower Unternehmens-und Personalberatung Ges.m.b.H. (1991-1998). Lead American counsel for Claimant in licensing/franchise dispute with Austrian joint venture partner in arbitration before International Arbitral Centre of the Federal Economic Chamber of Vienna. All three Tribunal awards were in favor of Claimant, including grant of injunctive relief and a seven figure damage award (SCH-4311/MAG). The awards were upheld by the Austrian Supreme Court on April 26, 2006 (Ob236/05i). | ||
| George Fischer Foundry Systems, Inc. v. Adolph H. Hottinger Maschinenbau GmbH, 1994-1 CCH Trade Cases ¶70,566 (E.D. Mich. 1994), aff'd, 55 F.3d 1206 (6th Cir. 1995). Lead counsel for German licensor in this patent licensing antitrust case in which dismissal obtained on basis of the United States Supreme Court's decision in Mitsubishi Motor Corp. v. Soler Chrysler Plymouth, Inc. Successfully represented client in arbitration of antitrust claims before Zürich Chamber of Commerce (ZCC No. 202/1992). | ||
| Good Humor Corporation v. Popsicle Japan KK. Lead counsel for Unilever subsidiary (Good Humor) in international trademark licensing dispute. 810 F. Supp. 1001 (E. D. Wis. 1992). Obtained summary judgment dismissing bulk of licensee's claims leading to favorable settlement. | ||
| Bostrom Seating Inc. (USA) v. JMH Bostrom Europe Ltd. (United Kingdom). Obtained favorable settlement for client in this international licensing dispute after initial hearings in ICC arbitration. (1987-1989) (6035/BDG). | ||
| Rexnord Inc. v. On-Line Software International, Inc. (1985). Obtained favorable settlement for Rexnord after 12 days of hearings and issuance of award in Company’s favor by American Arbitration Association arbitral tribunal in this software licensing dispute. | ||
| Distribution, Franchise & Trade Regulation | ||
| DSD Distributors Inc. v. Hansen Beverage Co., et al., (Cir. Ct. Rock County 07 CV 1120 August 6, 2007) Successfully represented this NASDAQ-listed beverage company in vacating ex parte temporary restraining order, defeating motion for preliminary injunction and obtaining stay of action pending arbitration in California in this distributor termination case. | ||
| Frohling Farm Equipment, Inc. v. CNH America LLC. Lead counsel for major manufacturer of agricultural equipment in defeating terminated dealer's motion for a temporary injunction in this Wisconsin Fair Dealership Law action resulting in settlement of the case. (Jefferson County Cir. Ct. Nov. 21, 2005) | ||
| Beer Capitol Distributing, Inc. v. Guinness Bass Import Co.
Defeated terminated distributor’s motion for a preliminary injunction for alleged violation of Wisconsin Fair Dealership Law. 2000-2001 CCH Bus. Franchise Guide § 11,914 (E. D. Wis., August 4, 2000). On eve of trial obtained summary judgment dismissing case in its entirety. 2001-2002 CCH Bus. Franchise Guide § 12,155 (E. D. Wis., Aug. 27, 2001); aff’d, 290 F.3d 877 (7th Cir. 2002). |
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| Edison Liquor Corporation v. United Distillers & Vintners of North America, Inc. Obtained summary judgment dismissing this dealer termination case. 2000- 2001 CCH Bus. Franchise Guide § 11,957 (Waukesha County Cir. Ct. Sept. 6, 2000), aff'd 2001-2002 CCH Bus. Franchise Guide § 12,216. (Wis Ct. of App., Dec. 12, 2001) | ||
| Maryland Staffing Services, Inc. v. Manpower, Inc., 936 F. Supp. 1494 (E.D. Wis. 1996). Lead counsel for Manpower in this franchise dispute in which dismissal of the bulk of the claims was obtained leading to a settlement. | ||
| Ziegler Co., Inc. v. Rexnord Inc. Defeated motion for preliminary injunction in dealer termination case and obtained grant of summary judgment, which was affirmed by Court of Appeals. The Wisconsin Supreme Court reversed [139 Wis. 2d 593 (1987)], but subsequently granted Rexnord's motion for reconsideration and ruled in its favor [147 Wis. 2d 308 (1988)]. Favorable settlement obtained for client in 1992. | ||
| Pillar Corp. v. Enercon Industries Corp. After nine days of trial, obtained dismissal of antitrust conspiracy and monopolization counterclaims. 1986-1 CCH Trade Cases. ¶67,187 (Cir. Ct. Milwaukee County 1986). | ||
| Swan Sales Corp. v. Jos. Schlitz Brewing Co., Obtained summary judgment for Schlitz, which was affirmed by Wisconsin Court of Appeals in this Wisconsin Fair Dealership Law termination case. 126 Wis. 2d 16 (1985). | ||
| FTC v. Imperial Chemical Industries, Ltd. (FTC 1972). Helped successfully defend ICI's acquisition of then New York Stock Exchange company, Atlas Chemical Industries, Inc., from §7 Clayton Act attack by FTC and negotiate consent decree. | ||
| Corporate, Commercial, Securities, Class Actions, and Accounting Malpractice | ||
| Rich Products Corporation v. Kemutec, Inc., 66 F. Supp. 2d 937 (E. D. Wis. 1999), aff'd 241 F.3d 915 (7th Cir. 2001). Helped obtain dismissal on summary judgment and affirmance on appeal of all tort claims in this multi-million dollar food contamination case on basis of economic loss doctrine. | ||
| Chr. Hansen v. CK Witco Corp. n/k/a Crompton Corp. (1999-2000). Obtained seven figure settlement for U.S. subsidiary of Danish company on eve of hearings in dispute arising out of breaches of representations and warranties in stock purchase agreement as to FDA and environmental compliance. (Amer. Arb. Assn. Case No. 13E1810010600). | ||
| Beverly L. Halquist v. Halquist Stone Co., Inc. et al. Court-appointed Independent Panel to act in lieu of disinterested majority of board of closely-held corporation to investigate and recommend disposition of derivative claims. Thereafter successfully mediated the dispute. (Cir. Ct. Waukesha County 1998-2000). | ||
| Aid Association for Lutherans v. Morgan Stanley & Co., Incorporated, Goldman Sachs & Co. and Merrill Lynch, Pierce Fenner & Smith, Incorporated. Represented underwriters in this securities case arising out of the failure of the Bank of New England Corporation. Obtained summary judgment on 1933 Act claims on statute of limitations grounds which led ultimately to favorable settlement (Cir. Ct. Milwaukee County 1991-1993). | ||
| Torphy v. Touche Ross & Co. (Cir. Ct. Dane County). Retained by Office of the Commissioner of Insurance of the State of Wisconsin as lead counsel to prosecute multi-million dollar accounting malpractice claims arising out of 1981 collapse of Wisconsin domiciled insurance company. Substantial seven-figure settlement obtained in 1989 after first week of jury trial projected to last 4 to 6 months. | ||
| Briggs & Stratton Corp. v. Cross Co. and Cross & Trecker Corp. Represented Briggs in this multi-million dollar breach of contract action and helped negotiate very favorable settlement (E.D. Wis. 1987-88). | ||
| Rexnord Inc. v. Islamic Republic of Iran (1983). Obtained $1.1 million recovery for Rexnord after hearings before Iran-U.S. Claims Tribunal (The Hague) (first $1 million Tribunal award) (Case No. 132). | ||
| In Re Equity Funding Corp. of America Securities Litigation, 416 F. Supp. 161 (C.D. Cal. 1976). Successfully defended Coopers & Lybrand and related entities in this massive securities fraud litigation and ultimately negotiated favorable settlement for client. | ||
| Allis-Chalmers Mfg. Co. v. Gulf & Western Industries, Inc. Involved in successful trial and appeal of short-swing profits securities case in which $2.5 million was recovered for Allis-Chalmers. 372 F. Supp. 570 (N.D. Ill. 1974), aff'd, 527 F.2d 335 (7th Cir. 1975). | ||
| Zahn v. International Paper Company, 410 U.S. 925 (1973). Principal responsibility for preparing briefs filed for International Paper in both the Second Circuit and United States Supreme Court in this landmark class action case in which client prevailed. | ||
| Insurance Regulation, Insolvency and Bad Faith | ||
| In the Matter of the Rehabilitation of Northwestern National Insurance Company of Milwaukee, Wisconsin. Principal counsel to the Wisconsin Commissioner of Insurance in this ongoing rehabilitation of a Wisconsin domiciled insurance company. (Dane County Cir. Ct., Case No. 06 CV 3585). | ||
| Wisconsin Patients Compensation Fund v. Physicians Insurance Company of Wisconsin, Inc. Successfully represented this state agency in trying to verdict the only statutory bad faith and breach of fiduciary duty case it has ever brought against a primary insurer. The judgment (approximately $1.2 million) was affirmed by the Wisconsin Court of Appeals in 2001 (No. 00-0505). | ||
| Wisconsin Patients Compensation Fund v. St. Mary's Hospital of Milwaukee. Successfully represented excess medical malpractice insurer in recovering $4.8 million from health care provider who fraudulently represented it had obtained coverage for professional liability claims. 209 Wis. 2d 17, 561 N.W.2d 797 (Ct. App. 1997). | ||
| In the Matter of the Liquidation of American Star Insurance Co. Principal counsel to the Wisconsin Commissioner of Insurance in the on-going liquidation of this San Francisco-based, Wisconsin-domiciled insurance company. (Dane County Cir. Ct., Case No. 92 CV 4579). | ||
| Fraud & RICO | ||
| City of Milwaukee v. Universal Mortgage Corp., 692 F. Supp. 992 (E.D. Wis. 1988). Lead counsel for Marshall & Ilsley Corp. and M&I Grootemaat Mortgage Corp. in obtaining dismissal of RICO and Wisconsin Little RICO claims brought by City of Milwaukee against inner city mortgage lenders arising out of successful criminal prosecutions of brokers involved in schemes to defraud HUD. | ||
| Indian Law | ||
| Forest County Potawatomi Community v. Judge James B. Mohr (Forest County Potawatomi Tribal Court 04-CV-27) and Judge James B. Mohr v. Forest County Potawatomi Community (Oneida County Cir. Ct. 04-CV-152). Lead Counsel for the Tribe in obtaining favorable ruling from Tribal Court and State Court Judges in unique inter-jurisdictional conference that held Tribal Court action to enjoin State case seeking to compel arbitration of this seven-figure contract dispute should proceed and State Court action should be stayed. This led to settlement of the case. | ||
| ARBITRATOR AND MEDIATOR EXPERIENCE: | ||
| For more than 30 years have served as sole, chair or panel arbitrator in numerous commercial, corporate, insurance, reinsurance, employment and securities arbitrations under CPR International Institute for Conflict Prevention and Resolution, UNCITRAL, American Arbitration Association, New York Stock Exchange, NASD and various international rules. Have mediated numerous disputes including a multi-hundred million dollar take or pay contract dispute, a medical equipment manufacturer-supplier dispute, a close corporation shareholder dispute, an allocation of D&O insurance proceeds, a dispute between a New York Stock Exchange listed company and a major D&O insurer over coverage, dealer termination disputes, a multiparty condemnation case, and various types of employment disputes. | ||
| Substitute Arbitrator, Iran-U.S. Claims Tribunal (The Hague), 1984-1988 | ||
| Regional Panelist, CPR Institute for Dispute Resolution Panel of Distinguished Neutrals, 1993-present and Member of CPR Insurance and Franchise Panels | ||
| Commercial and Large, Complex Case Panels of Arbitrators of the American Arbitration Association | ||
| International Centre for Dispute Resolution (AAA) Panel of Arbitrators and Mediators | ||
| Panel of Mediators of the American Arbitration Association | ||
| NASD Panel of Arbitrators | ||
| New York Stock Exchange Panel of Arbitrators | ||
| Chartered Arbitrator, Fellow and Panel of Arbitrators of The Chartered Institute of Arbitrators (London) | ||
| International Chamber of Commerce Panel of Arbitrators | ||
| Panel of Mediators of the American Arbitration Association, 2001-present | ||
| Member Swiss Arbitration Association | ||
| Chicago International Dispute Resolution Association Panel of Arbitrators and Mediators | ||
| Reinsurance Association of American Panel of Arbitrators and Mediators | ||
| Chair, Fee Arbitration Committee, Milwaukee Bar Association, 2000-present | ||
| Chair, Committee on Resolution of Fee Disputes, State Bar of Wisconsin, 1994-1995 | ||
| PROFESSIONAL ACTIVITIES: | ||
| Member of the Bars of the States of California, New York and Wisconsin | ||
| Admitted to practice before the United States Supreme Court and State and Federal Courts of California, New York and Wisconsin | ||
| Appointed by Governor of Wisconsin as Trustee of State of Wisconsin Investment Board, which has over $90 billion under management and is one of the ten largest public pension funds in the United States (2003 - present). Serve as Chair of Strategic Planning and Governance Committee. | ||
| Member of The American Law Institute | ||
| Fellow of the American Bar Foundation | ||
| Fellow of the Wisconsin Law Foundation | ||
| President, 7th Circuit Bar Association (2002-2003), First Vice President (2001-2002), Second Vice President (2000-2001), General Chair Committee on Rules and Practice (1995-2000) | ||
| Member, Advisory Committee on Circuit Rules for the Seventh Circuit Court of Appeals, 2001-2003 | ||
| Co-Author “Surveying the Boundaries of Overlapping State
and Tribal Court Jurisdiction,” June 2006 Wisconsin Lawyer |
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| Author of chapter entitled “An Introduction to ADR”
in Winning Legal Strategies for Alternative Dispute Resolution (Aspatore Books 2005) |
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| Contributor to American Bar Association, Mergers and the Private Antitrust Suit: The Private Enforcement of Section 7 of the Clayton Act (1977) | ||
| x | Lecturer for Wisconsin Corporate Practice Institute, American Bar Association, State Bar of Wisconsin, Seventh Circuit Bar Association, Practicing Law Institute, State of Wisconsin Investment Board, Ernst & Young, and California Continuing Education of the Bar on a variety of legal subjects |
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| Chair, Board of Administrative Oversight of the Supreme Court of Wisconsin Lawyer Regulation System, 2000-present | ||
| Member, District II (Milwaukee) Committee of the Supreme Court of Wisconsin Board of Attorneys Professional Responsibility, 1985-1992; Chair 1993-1994 | ||
| Director, Milwaukee Bar Foundation, 2001-present | ||
| Member, International Association of Insurance Receivers, 1997-present | ||
| Director, International Business Transactions Section, State Bar of Wisconsin, 1985-1992 | ||
| President, Wisconsin Chapter, American Society of Corporate Secretaries, 1982-1983; Director 1981-1992 | ||
| American Bar Association Section of Litigation Committee on Corporate Counsel, 1984-present (Chair Committee on International Litigation, 1990-1994) | ||
| State Bar of California Committee on Continuing Legal Education of the Bar, 1977-1979 | ||
| Los Angeles County Bar Association Ethics Committee, 1976-1979; Federal Courts and Practice Committee, 1976-1979 and Executive Committee Human Rights Section, 1974-1977 | ||
| Association of the Bar of the City of New York Criminal Courts and Practice Committee, 1973, and Secretary, Committee on State Courts of Superior Jurisdiction, 1970-1973 | ||
| Criminal Indigent Defense Panels for the U.S. District Court for the Southern District of New York and Second Circuit Court of Appeals, 1970-1973 and U.S. Court of Appeals for the Seventh Circuit, 1990-present | ||
| CIVIC |
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| Director, Aurora Health Care Inc., 1988-1993 | ||
| Director, Aurora Health Care Ventures, 1993-present; Chair 1997-1999 and 2001-2002 | ||
| Advisory Board, Medical College of Wisconsin Cardiovascular Center, 1994-present (Chair 1999-2002) | ||
| Trustee (1992-present), Chair (2002-present) and Vice Chair (2000-2002) Columbia College of Nursing Board of Trustees | ||
| Trustee, Mount Mary College (2002-present) | ||
| Director, Visiting Nurse Corp. of Wisconsin, 1980-1991 (Chair 1985-1987) | ||
| Director, Visiting Nurse Foundation, 1985-1995 (Chair 1988-1991) | ||
| Director, Wisconsin Humane Society, 1980-1990 (President, 1986-1988) | ||
| Director, Wisconsin Society to Prevent Blindness, 1981-1991 | ||
| Representative to Association of Yale Alumni, 1976-1979, 1981-1984, 1990-1993 | ||
| President, Yale Club of Southern California Inc., 1977-1979 | ||
| Vice President and Director, Yale Alumni Association of Wisconsin, 1980-1982 | ||
| Los Angeles Philharmonic Men's Committee 1978-1979 | ||
| Executive Committee, India Council of the Asia Society (NYC) (1969-1971) |
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| MISCELLANEOUS: | ||
| Listed in current editions of The Best Lawyers in America (ADR, International Arbitration and Commercial Litigation), Who’s Who in America and Who’s Who in American Law. Listed in Chambers & Partners Directory of America’s Leading Business Lawyers 2007 (Commercial Litigation – Band 1 – top rating), 2008 Wisconsin Super Lawyer (Business Litigation). | ||
Peter V. Baugher,
President
One South Wacker Drive, Suite 2800, Chicago, IL 60606 USA
312-409-1373 (Telephone), 312-701-9335 (Facsimile),