Michael C. Bruck, Esq.

Practice Areas:

Commercial Litigation, Professional Liability, Insurance

Biography

Michael C. Bruck is a partner of Williams Montgomery & John Ltd., a former member of the firm’s Executive Committee, current co-chair of the insurance practice group, and a member of the professional liability and commercial litigation groups. He focuses his practice on complex commercial disputes, professional and financial malpractice, and insurance litigation. Mr. Bruck is “AV Preeminent” peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.

Mr. Bruck has been selected by his peers for inclusion in Illinois Leading Lawyers for commercial litigation, professional malpractice defense law, and insurance coverage and reinsurance law. He also has been selected for inclusion in Illinois Super Lawyers for professional liability, insurance coverage and business litigation.

Mr. Bruck has more than 20 years of jury trial, litigation and client advisory experience, handling hundreds of high-stakes cases in state and federal courts throughout the United States. He has represented numerous clients in a range of industries, including Toyota Motor Sales, USA, major law firms, and Kemper Insurance Companies.

Mr. Bruck has extensive professional liability experience, successfully resolving hundreds of lawsuits involving claims of legal malpractice, accountant’s malpractice, agent’s and broker’s errors and omissions, and a variety of other financial malpractice claims.

In the commercial litigation area, Mr. Bruck was a lead trial and appellate counsel in an automobile franchise act lawsuit against a major auto manufacturer that went to trial, was appealed to the Illinois Supreme Court and has had a major impact on Illinois statutory law. Mr. Bruck also has litigated and tried business and intellectual property disputes involving trade libel, copyright infringement and trademark infringement claims.

In addition, Mr. Bruck is an established advisor and litigator in the insurance area. Early in his career, Mr. Bruck was a defense steering committee member in one of the first environmental coverage lawsuits involving manufactured gas plants. Over the past 20 years, Mr. Bruck has represented insurers and policyholders in a variety of coverage disputes, including those involving directors and officers, professional liability, general liability and numerous specialty coverages. He also has acted as national counsel for Kemper Insurance Companies, advising on, litigating and resolving high-stakes cases nationwide.

Education/Bar Admissions

Mr. Bruck received a B.S. in organizational leadership and supervision in 1984 from Purdue University. He received his J.D. in 1988 from DePaul College of Law. He has served as a CPCU instructor at Insurance School of Chicago.

Mr. Bruck was admitted to the Illinois bar in 1988 and also has been admitted in the following federal trial and appellate courts:

• U.S. District Court, Northern District of Illinois (including the trial bar)
• U.S. District Court, Central District of Illinois
• U.S. District Court, District of Maine
• U.S. District Court, Southern District of New York
• U.S. Court of Appeals, Seventh Circuit
• U.S. Court of Appeals, Ninth Circuit
• U.S. Court of Appeals, Second Circuit
• U.S. Court of Appeals, Fifth Circuit

In addition, Mr. Bruck has been admitted pro hac vice in state and federal courts throughout the country.

Professional Activities

Mr. Bruck is active in numerous professional and civic organizations, including:

• Chicago Bar Association: chair, Committee on Attorney Malpractice, 2007-2008; vice-chair, Committee on Attorney Malpractice 2006-2007; investigator and hearing officer, Judicial Evaluation Committee
• Illinois State Bar Association
• American Bar Association, Professional Liability Committee
• Federation of Defense and Corporate Counsel
• Appellate Lawyers Association
• Defense Research Institute: member, Steering Committee, Professional Liability Committee, 2004-present; chair, Agents & Brokers Sub-Committee; chair, Third Party Audit Subcommittee, chair, Civility Subcommittee, Committee on Professionalism and Ethics, 1998-2001
• Illinois Association of Defense Trial Counsel (IDC): technology law columnist, IDC Quarterly, 2004-present; co-chair, Commercial Litigation Committee, 2008-present
• Professional Liability Underwriting Society
• Seventh Circuit Bar Association
• Society of Trial Lawyers
• DePaul University College of Law, Alumni Board of Directors
• Chicago Legal Clinic for the Disabled, volunteer

Representative Cases

Has handled dozens of bench trials, contested hearings, arbitrations and mediations, including:

Mitchell Bros. v. Warady & Davis, Circuit Court of Cook County, Ill.: Favorably resolved lawsuit against accounting firm and its partners alleging failure to detect and report defalcation. Plaintiff declined pretrial offer of $275,000 and asked jury for more than $800,000 in damages. After a two-week trial, jury returned verdict of $133,000.

Artline v. Universal Statuary, U.S. District Court, Northern District of Illinois: Defended trade libel and prosecuted copyright infringement claims between manufacturers of naturalistic animal statuary in two-week jury trial. Case resolved through confidential settlement.

Belleville Toyota v. Toyota Motor Sales, U.S.A., Circuit Court of St. Clair County, Ill.: Defended auto manufacturer and distributor in three-week jury trial of franchise act and breach of contract lawsuit brought by dealer arising from dispute over allocation of vehicles.

Cho v. Environmental Management Group, Circuit Court of Cook County, Ill.: Obtained dismissal of $3 million lost profits claim against environmental auditor client arising from a Phase I environmental site assessment on property containing asbestos. Claims dismissed during two-week jury trial.

Fuller v. Decatur School District No. 61, et al., U.S. District Court, Central District of Illinois: Achieved “not guilty” verdict for school board in civil rights lawsuit brought by six students expelled for a gang fight at a football game. Claims were prosecuted by Operation PUSH and Rev. Jessie Jackson and garnered national attention due to board’s so-called zero tolerance policy. Decision reported at 78 F.Supp.2d 812 (C.D. Ill. 2000), affirmed, 251 F.3d 662 (7th Cir. 2001).

Appellate Decisions

Midwest Imports v. Coval, 71 F.3d 1311 (7th Cir. 1995): Successfully argued appeal of accountant’s malpractice case. Seventh Circuit affirmed summary judgment for auditor client finding no breach of duty of care.

Wolf & Company v. Cevin (Ill. App. 2nd Dist. 1997): Obtained appellate decision for auditor client in accountant’s malpractice case in which the plaintiff sought $21 million in damages. Appellate court affirmed summary judgment for auditor, finding that parent corporation had no standing to assert claims for failed subsidiaries.

Belleville Toyota v. Toyota Motor Sales, et al., 316 Ill. App. 3d 227 (5th Dist. 2000), reversed in part, 199 Ill.2d 325 (2002): Handled case of first impression involving claims of Illinois Motor Vehicle Franchise Act violation and breach of contract claims. Appellate court found that UCC statute of limitations applies to franchise agreements and that statute of limitations is not tolled by continuing breaches of contract or continuing violations of Franchise Act.

Liberty Mutual v. Ross & Hardies (Ill. App. 1st Dist. 2001): Handled case of first impression in Illinois involving claims of attorney malpractice. Appellate court found insurer had no right of subrogation against its insured’s defense counsel.

Fuller v. Decatur School Dist. No. 61, et al., 78 F. Supp. 2d 812 (C.D. Ill 2000) affirmed, 251 F.3d 662 (7th Cir. 2001): Tried and argued appeal of civil rights case involving issues of zero tolerance school disciplinary policy and racial discrimination.

Northern Illinois Emergency Physicians v. Sands, et al.,216 Ill.2d 294 (2005): Argued appeal of seminal attorney malpractice case on damages in which Illinois Supreme Court ruled that indemnity judgment did not constitute proximate cause damages.

Practicing: Commercial Litigation, Professional Liability, Insurance