Alison G. Wheeler
Bartlit Beck Herman Palenchar & Scott LLP, 1999-Present, Counsel
Skadden Fellow, 1998-1999, Rocky Mountain Children's Law Center
Skadden Fellow, 1997-1998, Mental Health Advocacy Services
Confidential Legal Malpractice Representation (Chicago, Illinois)
Counsel for family seeking resolution of malpractice claims against national law firm in connection with negligent drafting of estate planning and related documents resulting in millions of dollars in losses. Providing representation and advice during settlement negotiations.
Confidential Legal Malpractice Representation (Los Angeles, California)
Counsel for major computer data storage company seeking resolution of malpractice claims against national law firm for negligent representation resulting in massive litigation sanction. Provided representation and advice during settlement negotiations.
Frank McCourt v. Bingham McCutchen LLP (Massachusetts Superior Court)
Represented Frank McCourt, the former owner of the Los Angeles Dodgers, in connection with his legal malpractice claims against Bingham McCutchen LLP arising out of Bingham’s negligent preparation of Mr. McCourt’s postnuptial agreement, allowing his former wife to claim ownership of 50% of the Dodgers franchise, which sold for $2.15 billion. Obtained dismissal of an unprecedented declaratory judgment action brought against Mr. McCourt by Bingham, seeking a determination that the firm did not commit malpractice and did not proximately cause Mr. McCourt’s damages. Case settled.
ContentGuard, Inc. v. Amazon.com, Inc. (U.S. District Court, Eastern District of Texas)
Represented defendant Amazon.com in patent infringement action involving nine patents relating to Digital Rights Management technology. Case settled.
Holte v. Tristar Products, Inc. (U.S. District Court, Colorado)
Lead trial counsel for plaintiff Debra Holte in patent infringement action. Case settled after Markman hearing.
GEA v. Bechtel Power (Federal District Court, District of Colorado)
Represented Bechtel in dispute with subcontractor over subcontractor's performance during construction of power plant in Athens, New York. Case settled.
Smith v. Arthur Andersen, et al. (Federal District Court, Arizona)
Defended Andersen in lawsuit by bankruptcy plan trustee for Boston Chicken, Inc., alleging professional malpractice, negligence, breach of contract, negligent misrepresentation, and aiding and abetting breach of fiduciary duty. The trustee sought more than $1 billion in damages. Case settled.
Barr Laboratories, Inc. v. DuPont Pharmaceuticals Company (Federal District Court, Southern District of New York)
Represented defendant DuPont Pharmaceuticals Company in antitrust suit challenging DuPont’s lobbying and marketing activities concerning the anticoagulant medication Coumadin® and a competing generic product. Case settled.
Titanium Metals Corporation v. The Boeing Company (District Court, City and County of Denver)
Represented world’s largest titanium company in breach of contract litigation over 10-year titanium supply contract. Case settled.
Cases tried or otherwise taken to judgment
State Compensation Insurance Fund v. Khan et. al. (U.S. District Court, C.D. Cal.)
Represented group of medical service providers, in RICO action brought by State Compensation Insurance Fund. All claims against Defendants dismissed on summary judgment. Motion for Attorneys’ Fees requesting over $4 million in fees granted. Appeal pending.
In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation (U.S. District Court, N.D. Ohio)
Represented Whirlpool in bellwether consumer class action alleging claims of design defect and breach of implied warranty. Jury verdict for Whirlpool.
ICE Corporation v. Hamilton Sundstrand Co. (U.S. Court of Appeals for the Tenth Circuit)
Appellate counsel for Hamilton Sundstrand in appeal from $20 million trade secret misappropriation verdict. Won reversal of punitive damages award.
Confidential Arbitration (JAMS Arbitration, Chicago, IL)
Co-lead trial counsel for a major cable company in the confidential arbitration of a contract dispute with an Internet technology vendor. Case won.
Poly Trucking, Inc. v. Concentra Health Services, Inc. (Colorado Court of Appeals)
Retained by Poly Trucking to appeal order reforming settlement agreement based on alleged unilateral mistake. Appeal concerned alleged duty to disclose information to adverse party during settlement negotiations. Appeal won; order reversed.
Static Control Components, Inc. v. Lexmark International, Inc. (Federal District Court, Eastern District of Kentucky)
Represented Static Control in consolidated cases concerning aftermarket for repair of toner cartridges for certain Lexmark laser printers. Lexmark alleged patent infringement and active inducement of patent infringement. Static Control alleged patent misuse. Jury verdict for Static Control.
Sonoco Products Co. v. The Newark Group, Inc. et al. (Colorado Court of Appeals)
Represented The Newark Group’s appeal of a judgment awarding damages and injunctive relief for misappropriation of trade secrets and other confidential or proprietary information. Appeal challenged only the award of damages. Judgment affirmed.
Confidential Arbitration (AAA Arbitration, St. Louis, MO)
Represented digital photography company in trial of its claims arising from a corporate asset purchase, based on a breach of Generally Accepted Accounting Standards and non-disclosure involving digital photographic processing systems. Case won.
Tyrone Parker v. NL Industries, Inc., et al. (Circuit Court of Baltimore City, Maryland)
Represented NL Industries in jury trial for products liability resulting from sale of lead paint products in 1950’s. This was the first case in the nation to be tried against any of the former manufacturers of lead paint products. Scores of cases have previously been dismissed on motions, and numerous other cases alleging lead paint poising or property damage are pending throughout the country. The plaintiff alleged that this current condition of epilepsy results from latent injuries caused when he ingested lead paint in the 1950’s. He was treated at the University of Maryland Hospital and diagnosed with lead encephalopathy. He subsequently experienced cognitive delays, difficulties in school, and behavioral problems all as the alleged result of lead poising. Case won. The case was tried before a Baltimore City jury from May 30, 2000 to June 12, 2000 before Judge Heller. Complete defense verdict.
Confidential Arbitration (AAA Arbitration, Denver, CO)
Represented major telecommunications company in a contract dispute over responsibility for certain consumer class action law suits. The dispute was tried to a 3-member arbitration panel. Case won.
Acknowledgements, presentations, and publications
Recent Development, Separatist Religious Groups and the Establishment Clause – Board of Education of Kiryas Joel Village School District v. Grumet, 30 Harv. C.R.-C.L. L. Rev., No. 1 (Winter 1995).
- Lexmark v. Static Control (2007)