Timothy B. Hardwicke

Tim Hardwicke has 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.

Tim Hardwicke has 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.

+ Representative Engagements

General Commercial Litigation

  • Defeated motion for preliminary injunction seeking to require manufacturer to supply product pursuant to allegedly breached distribution agreement
  • Arbitration hearing counsel to retailer defending against former CEO’s seven figure earn-out claim
  • Obtained summary judgment against software provider for breach of exclusive dealing contract
  • Arbitration hearing counsel to retailer licensee of CPQ software defending against claim for breach of software license
  • Obtained order dissolving TRO that enjoined car manufacturer from authorizing new dealership
  • Represented manufacturer in defamation, trade libel, unfair business practices and tortious interference lawsuit against its competitor
  • Arbitration hearing counsel to healthcare provider in a three week proceeding alleging breach of exclusive pharmaceutical supply contract
  • Defended self-contained breathing apparatus (“SCBA”) manufacturer against multi-million dollar claim by city’s firefighters that SCBA equipment failed to perform properly
  • Obtained summary judgment in favor of manufacturer on product liability claim arising from fatal Rhode Island nightclub fire
  • Represented software licensor against licensee for breach of “affiliates” provision in exclusive master license agreement following corporate merger of licensee


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 successful recovery of one hundred percent of its multi-million dollar holdback on the purchase price of a company
  • Represented one corporate joint venture partner against the other on an eight figure corporate opportunity and asset misappropriation claims
  • Represented purchaser against seller in breach of asset purchase agreement in multi-jurisdiction litigation
  • Represented LLC member seeking control of LLC against managing member and LLC based upon breach of LLC agreement
  • 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


Restrictive Covenants and Trade Secrets Matters

  • Defended medical billing software company against federal and state trade secret misappropriation claims by a competitor
  • 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 at its competitor based upon trade secret and restrictive covenant claims
  • Arbitration hearing counsel to manufacturer against former independent sales representatives for breach of restrictive covenants
  • Defended employee against motion for preliminary injunction seeking to prohibit her from working at competitor based upon restrictive covenant and inevitable disclosure claims
  • Defended financial services firm and team of newly hired senior executives against fiduciary duty, trade secret misappropriation, and restrictive covenant claims by former employer
  • Defended senior executive of Fortune 50 technology company against restrictive covenant claims by competing former employer, another Fortune 50 technology company
  • Obtained TRO prohibiting technology company executive from joining competitor
  • Defeated preliminary injunction motion by former employer seeking to enjoin sales consultant’s new employment at competitor
  • Defended manufacturer and brought claims on its behalf in multiple state and federal courts relating to trade secret misappropriation and employee raiding claims


Consumer Class Actions

  • Defeated class certification motion by insureds who alleged that technology company’s individual vehicle valuations violated state consumer fraud and other laws
  • Defended apparel manufacturer against antitrust consumer class action claiming that purchasers of manufacturer’s sports league apparel paid supra-competitive prices in violation of California’s Cartwright Act and unfair competition law
  • Defended dairy cooperative against putative class action MDL claiming violation of state consumer fraud and related laws based upon alleged misrepresentation of animal welfare practices
  • 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 its retail customers against nationwide putative class action MDL claiming that the defendants misrepresented the character and grade of their organic milk in violation of state consumer fraud and related 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


Antitrust and Franchise Matters

  • Obtained judgment following three week trial in favor of defendant grocery retailer in a consumer class action, 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 violated 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

+ Community Matters

General Commercial Litigation

  • 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)

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

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