• vcard
D 312.873.3629
F 312.803.2123
  • Education
    • J.D., Northwestern University, 1994, Northwestern Journal of Criminal Law and Criminology, Executive Editor
    • B.B.A., magna cum laude, University of Notre Dame, 1991
  • Court Admissions
    • U.S. District Court, Northern District of Illinois, 1995
    • U.S. District Court, Northern District of Illinois, Trial Bar, 1997

Tony Porcelli helps clients solve unique, complex disputes and problems. As an experienced complex commercial and bankruptcy litigator, he advises and works closely with in-house counsel, corporate officers, and board members to achieve desired business and litigation objectives in a cost-effective and efficient manner.

 

With over 20 years of legal experience, Tony is a proven team leader – whether managing a team of more than 30 attorneys and support staff or a smaller team, he develops and implements litigation, discovery, and settlement strategies to maximize clients’ litigation and business objectives.

 

Tony has tried and litigated commercial and bankruptcy cases on behalf of domestic and international clients in numerous courts across the country, and he has represented various entities from small, family-owned businesses to publicly-traded, Fortune 500 corporations in a variety of disputes ranging from $700 million down to less than $1 million.

 

Tony has successfully represented plaintiffs and defendants in various actions, including:

  • Corporate negligence actions
  • Breach of fiduciary duty and/or contract claims

  • Securities fraud claims

  • Class actions

  • Fraud and other tort claims

  • Complex business and property foreclosure cases

  • Trade secret actions

  • Tax claims

In addition, Tony has served as lead litigation counsel to both debtors and creditors in Chapter 11 litigation, including in valuation and plan confirmation proceedings. He has significant experience handling alternative dispute resolutions, including mediations and arbitrations. In addition to his role as lead counsel in complex litigation matters, Tony counsels clients on litigation and potential litigation issues in the early stages of deal negotiations and before litigation is initiated to assist clients in avoiding potential litigation or disputes that may arise down the road.

  • Lead litigation counsel for defendant in bet-the-company litigation brought by plaintiff alleging corporate negligence and seeking $700 million in damages. Developed litigation strategy and managed a team of 30 attorneys and support staff to implement strategies. Identified and analyzed various settlement alternatives and worked closely with global general counsel to achieve a favorable resolution.
  • Primary outside litigation counsel to real estate developer. Responsible for advising client on potential litigation issues during contract negotiations and handling all litigation issues for the client.
  • Lead litigation counsel for defendant accused of aiding and abetting purported violations of the Texas Securities Act, statutory fraud, and aiding and abetting breach of fiduciary duty. Following a three-week trial, this case was eventually successfully resolved as a result of court-ordered mediation.
  • Lead counsel responsible for investigating embezzlement by a client’s former employee. As a result of our investigation and working closely with the FBI, the former employee was quickly arrested, pled guilty to the embezzlement, and was sentenced to significant jail time and probation.
  • Lead litigation counsel for lender in its efforts to recover more than $14 million from guarantor and affiliated borrowers on defaulted loans. Successfully obtained turnover of nearly all assets of and litigation claims held by borrowers.
  • Successfully represented developer in its lawsuit against a major, national discount retailer arising out of construction deficiencies for work performed by the retailer pursuant to contract.
  • Lead litigation counsel for plaintiff in several lawsuits for foreclosure and breaches of guarantees brought against a guarantor and several of his corporate entities to recover more than $20 million in defaulted loans.
  • Successfully represented regulated, regional gas company in dispute over early termination of long-term technology outsourcing arrangement.
  • Litigated, prepared for trial and resolved $150 million fraud and breach of contract/fiduciary duty case for publicly-traded regional energy company. Developed litigation strategy and managed a team of 20 attorneys and support staff to implement strategies. Hired and directed work of several expert witnesses and assessed complex financial damages issues, including portfolio and bonus calculation manipulation.
  • Lead litigation counsel to two debtors in contested Chapter 11 restructuring cases involving complex financial and valuation issues. Managed cross-disciplinary teams of attorneys. In one matter, tried contested plan confirmation hearing centering on valuation of debtor and secured confirmation ruling at conclusion of hearing and in the other secured confirmation of plan of reorganization.
  • Defended large, international pharmaceutical manufacturer in several class actions and putative class actions pending in multiple state and federal courts across the country. Worked closely with and advised company’s general counsel on litigation and settlement strategies. Directed team of 25 domestic attorneys, foreign counsel and support staff. Coordinated cases with co-defendants and their counsel.
  • Represented Medicare contractor in responding to government subpoenas stemming from qui tam action filed by former employee. Advised general counsel regarding issues raised by qui tam action. Negotiated with government regarding scope of subpoenas and possible government intervention. Government declined to intervene.
  • Defended publicly traded real estate investment trust (REIT) in putative class action alleging violations of federal security laws, derivative, and direct breaches of fiduciary duties and breach of contract.
  • Defended technology company in tortious interference matter with claimed damages exceeding $80 million. Worked closely with company’s executive officers on case strategy, presentation, and settlement. Developed and implemented strategy for indemnification from co-defendant. Client settled and received full and complete releases from and paid no money to plaintiff and was indemnified for nearly all litigation costs by co-defendant.
  • Negotiated termination agreement on behalf of employee with former employer, including narrowly defined non-competition terms, appropriate waivers, and two releases. Severance terms provided significant cash payments and for employee to maximize and exercise stock options.
  • Obtained the denial of a requested class action, and then obtained summary judgment on behalf of a consumer reporting agency in a Fair Credit Reporting Act (“FCRA”) class action brought in the Northern District of Illinois.  Plaintiffs alleged that our client provided their credit reports to certain payday lenders, including Native American tribal lending entities, without permissible purpose under the FCRA because those lenders lacked licensure required by the State of Illinois to make loans in excess of 9%.  Plaintiffs also alleged that our client failed to implement reasonable procedures to ensure that it furnished consumer reports only for a permissible purpose, as required by the FCRA.  The class as defined would have included over one million consumers and the FCRA imposes statutory penalties between $100-$1,000 per violation.  Plaintiffs also sought punitive damages and attorneys’ fees.
Publication and Presentations Icon Publications & Presentations
Fundamentals of Construction Contracts
Lorman Educational Services
August 2005
Publication and Presentations Icon Publications & Presentations
Protecting Contractor Rights in Public Construction Projects in Illinois
Real Estate Finance Journal
Spring 2003
Publication and Presentations Icon Publications & Presentations
Sixth Amendment Right to Confront One’s Accuser When the Victim Does Not Testify
Northwestern Journal of Criminal Law and Criminology, Vol. 83, No. 4
Winter 1993