A Chicago-Based Boutique Law Firm Specializing in Business Controversies and Transactions
Timothy B. Hardwicke
T: (312) 676-2014
F: (312) 322-0056
[email protected]
Education
The University of Chicago Law School
J.D.,
with honors, 1989
Vanderbilt University
B.A. in Political Science, magna cum laude, 1986
Practice Areas
Complex Commercial Litigation
Business Torts
Class Actions
Antitrust
Trade Secrets and Restrictive Covenants
False Claims Act Violations
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Tim Hardwicke has more than thirty years of complex commercial litigation experience in courts across the country. His practice focuses on disputes involving contracts, business torts, class actions, trade secrets, restrictive covenants, and antitrust matters. Tim has led and won trials, arbitrations, and hearings in these areas. He has successfully 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 practiced for twenty-five years at Latham & Watkins LLP, where he served as a litigation partner for more than seventeen years. 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.
General Commercial Litigation
- Represented retailer against competitor for false advertising in violation of Lanham Act and state laws, and obtained dismissal of competitor’s Section 2 Sherman Act antitrust counterclaim
- Defended manufacturer against distributor seeking to require manufacturer to continue supplying product pursuant to allegedly breached distributor agreement
- Defended regulated medical waste service provider in multiple state and federal court lawsuits against hundreds of business opt-out plaintiffs asserting consumer fraud and breach of contract claims
- Represented software provider against licensee and related entities for breach of exclusivity provision following corporate acquisition of licensee
- Defended vehicle manufacturer against dealer to dissolve ex parte injunction prohibiting manufacturer’s appointment of new dealer
- Represented retailer in a defamation, trade libel, unfair business practices and tortious interference lawsuit against a competitor
- Defended self-contained breathing apparatus (“SCBA”) manufacturer against claim by city’s firefighters that SCBA equipment failed to perform properly
- Defended healthcare provider against breach of exclusive supply contract claim by pharmaceutical distributor
Matters Involving the Purchase and Sale of Businesses and the Break-up and/or Restructuring of Joint Ventures and LLCs
- Represented purchaser against seller in the recovery of one hundred percent of its purchase price holdback
- Represented purchaser against seller for failure to indemnify against covered liabilities pursuant to stock purchase agreement
- Represented one joint venture partner against the other for usurping corporate opportunities
- Represented PE firm against manufacturer for breaches of management and stock purchase agreements
- Represented purchaser against seller in breach of asset purchase agreement in multi-jurisdiction litigation
- Represented LLC member seeking LLC control against managing member and LLC
- Represented company founder against company insider, who claimed ownership in the company and its 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
Class Actions
- Defended online game application provider against nationwide class action claiming violation of state and federal data privacy laws
- Defended dairy cooperative against consumer class multi-district litigation asserting warranty, unjust enrichment, and state statutory deceptive trade practices claims
- Defended medical billing software provider against Fair Labor Standards Act (“FLSA”) collective action
- Defended vehicle valuation software provider against total loss vehicle owner class action claiming that vehicle valuations violated state consumer fraud and other laws
- Defended organic dairy against consumer class multi-district litigation claiming breach of warranty, unjust enrichment, and state statutory deceptive trade practices claims
- Defended wine producer and spirits distiller against qui tam lawsuit claiming defendants failed to pay taxes allegedly due on shipping
- Defended supplement manufacturer against multiple consumer class actions claiming breach of warranty and consumer fraud and deceptive trade practices claims
Employment-Related, Trade Secrets, and Restrictive Covenants
- Defended medical billing software provider against competitor alleging federal and state trade secret misappropriation claims
- Represented financial services firm in employee raiding claim against competitor
- Represented direct marketing services firm against multiple former employees and competing employer on restrictive covenant, trade secret, and breach of fiduciary duty claims
- Defended financial services firm and executive officers against former employer’s claims that defendants misappropriated trade secrets and breached restrictive covenants and common law duties
- Represented manufacturer against former employee for breach of non-competition agreement
- Defended manufacturer and asserted claims against primary competitor in multiple related lawsuits and arbitration alleging trade secret misappropriation and employee raiding claims
Antitrust and Franchise Matters
- Defended dairy cooperative against dairy farmers’ Section 1 Sherman Act class action alleging cooperative conspired with its competitor to harm dairy farmers
- Defended sports league apparel manufacturer against claims by a former NFL licensee that headwear and apparel license with the NFL and its teams violated Sections 1 and 2 of the Sherman Act
- Defended sports league apparel manufacturer against antitrust consumer class action claiming that California consumers of NFL-logoed apparel paid supra-competitive prices in violation of Cartwright Act and unfair competition law
- Defended spirits distiller against Section 1 Sherman Act and franchise law claims asserted by terminated liquor distributors in Minnesota, Iowa, North Dakota and South Dakota
- Defended grocery retailer against price fixing claims asserted against Chicago’s two largest grocery retailers for allegedly setting milk prices in 300 plus grocery stores
- Volunteer, U.S. District Court William J. Hibbler Memorial Pro Se Assistance Program (2017-2018)
- 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)
Illinois
United States Supreme Court
United States Court of Appeals for the Second Circuit
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