TIMOTHY B. HARDWICKE
Tim Hardwicke

Tim Hardwicke has more than twenty five years of complex commercial litigation experience.  His practice focuses on disputes involving contracts, business torts, class actions, trade secrets, restrictive covenants, and antitrust matters. He has represented clients in virtually every business sector, including technology, manufacturing, retail, food and beverage, healthcare, professional services, finance, media, and telecommunications.  Before joining GGU, Tim was a litigation partner at Latham & Watkins from 1997 through 2014.  Tim received his law degree, with honors, from The University of Chicago Law School in 1989 and his undergraduate degree, magna cum laude, from Vanderbilt University in 1986.

 

  • + Representative Engagements

    General Commercial Litigation

     

    • Hearing counsel to a nationwide healthcare provider in a three week arbitration proceeding seeking eight figure damages from the purported breach of a pharmaceutical supply contract

     

    • Defeated distributor’s motion for preliminary injunction seeking to require manufacturer to supply product pursuant to an allegedly breached distributor agreement

     

    • Hearing counsel to a major retailer in a four-day arbitration proceeding brought by former CEO claiming a seven figure severance earn-out

     

    • Represented manufacturer in defamation, trade libel, unfair business practices and tortious interference lawsuit against its competitor

     

    • Obtained summary judgment against software manufacturer for breach of an exclusive dealing contract

     

    • Obtained order dissolving ex parte TRO entered against car manufacturer, permitting it to proceed with a new dealer opening a new dealership

     

    • Defended manufacturer of self-contained breathing apparatus (“SCBA”) against multi-million dollar claims by city that SCBA equipment failed to perform properly for its firefighters

     

    • Obtained summary judgment in favor of manufacturer on product liability claim that its product contributed to a tragic Rhode Island nightclub fire

     

    • Defended Fortune 50 company against challenge to its security interest in an eight-figure sale-leaseback of industrial equipment

     

    • Defended publicly-traded national fitness company against securities and shareholder derivative lawsuits

     

    • Defended employer against constructive discharge claim by senior executive whose responsibilities had been restructured

     

    • Represented enterprise software manufacturer in multiple lawsuits across the country to enforce its corporate software licenses

     

    • Represented issuer company in SEC insider trading inquiry targeting company executives

     

    • Defended technology company against SOX whistle blower and related claims

     

    Matters Involving the Purchase and Sale of Businesses and the Break-up and/or Restructuring of Joint Ventures and LLCs

     

    • Represented one corporate joint venture partner against the other on an eight figure claim that the latter usurped the joint venture’s opportunities and misappropriated the joint venture’s assets

     

    • Represented purchaser in the successful recovery of one hundred percent of its multi-million dollar holdback on the purchase price of a company

     

    • Represented founder of medical equipment company against company insider, who claimed ownership in the company and in the company’s patent portfolio

     

    • Represented minority LLC member against majority/manager members on breach of fiduciary duty and related claims relating to an unlawful attempted buy-out

     

    • Represented acquirer of company against seller for failure to tender company assets following closing

     

    • Represented group of minority LLC members in trading firm in buy-out

     

     

    Antitrust and Franchise Matters

     

    • Trial counsel to a grocery retailer in a price fixing case accusing it and its primary rival of setting milk prices in their 300 plus Chicagoland supermarkets

     

    • Obtained dismissal of Section 1 Sherman Act and franchise law claims against a spirits distiller by terminated liquor distributors in Minnesota, Iowa, North Dakota and South Dakota

     

    • Defended international headwear and apparel manufacturer against claims by a former sports league licensee that its headwear license violates Sections 1 and 2 of the Sherman Act

     

    • Obtained dismissal of Robinson-Patman Act and state law claims against a spirits distiller by a liquor distributor

     

    • Defended arena management company against competing arena’s antitrust claims arising from booking agreement

     

    Restrictive Covenants and Trade Secrets Matters

     

    • Obtained TRO against a former sales representative, prohibiting him from soliciting manufacturer’s customers in violation of his non-competition obligation

     

    • Defeated former employer’s motion for TRO to prevent its former employee from working as an underwriter at its competitor based upon trade secrets and contract claims

     

    • Defended senior executive of Fortune 50 technology company against restrictive covenant claims by former employer, another Fortune 50 technology company

     

    • Represented commercial printing company on restrictive covenant, trade secret, breach of fiduciary duty and related claims against five former employees and their new competing employer

     

    • Obtained TRO prohibiting technology company executive from joining competitor

     

    • Defended manufacturer and brought claims on its behalf in multiple state and federal courts relating to trade secret misappropriation and raiding-related claims in connection with retentions by client and its competitor of multiple independent sales representatives

     

    • Defended insurer and certain executives against claims by their former employer that the individual defendants recruited underwriters in violation of their restrictive covenants, misappropriated trade secrets and breached their fiduciary duties

     

    • Defended executive of Fortune 50 technology company against restrictive covenant claims by former employer, a Fortune 500 technology company

     

     

    Consumer Class Actions

     

    • Defeated class certification motion filed on behalf of tens of thousands of individuals who alleged that technology company’s vehicle valuations violated state consumer fraud and other laws

     

    • Obtained de-certification of nationwide consumer class challenging video return late fees under a variety of theories including consumer fraud and unlawful penalty claims

     

    • Defending apparel manufacturer against an antitrust consumer class action claiming that purchasers of manufacturer’s sports league logoed apparel paid supra-competitive prices in violation of California’s Cartwright Act and unfair competition law

     

    • Defended supplement manufacturer against multiple consumer class actions alleging that its joint health products misrepresented the benefits of the products in violation of consumer fraud and deceptive and unfair trade practice laws and in breach of express and implied warranties

     

    • Defended California winery against qui tam lawsuit claiming winery failed to pay Illinois taxes allegedly due on shipping

     

    • Defended organic milk producer and five of its retail customers against an MDL nationwide putative class action alleging that the defendants misrepresented the character and grade of their organic milk in violation of various state consumer and related laws

     

  • + Community Matters

    General Commercial Litigation

     

    • Board member and vice chair of Thrive Counseling Center, Oak Park, Illinois (2006-2012; Vice Chair 2009)

     

    • Member of Greater Chicago Food Depository Finance Committee, Chicago Illinois (1995-1997)

     

Timothy B. Hardwicke

 

PARTNER

 

T: 312 676-2014

F: 312 322-0056

 

thardwicke@ggulaw.com

 

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Practice Areas

Complex Commercial Litigation

Business Torts

Class Actions

Trade Secrets and Restrictive Covenants

Antitrust

 

 

Education

The University of Chicago Law School, J.D., with honors, 1989

 

Vanderbilt University, B.A. in Political Science, magna cum laude, 1986

 

 

Bar Admissions

Illinois

 

United States Supreme Court

 

United States Court of Appeals for the Seventh Circuit

 

United States Court of Appeals for the Eighth Circuit

 

United States District Court for the Northern District of Illinois (General Bar)

 

United States District Court for the Northern District of Illinois (Trial Bar)

United States District Court for the Southern District of Illinois

 

United States District Court for the Eastern District of Michigan

 

United States District Court for the Western District of Michigan

 

GGU  |  GoodSmith Gregg & Unruh LLP  |  Attorneys at Law  |  Chicago