Anthony C. Valiulis
Tony is an accomplished litigator with 40 years of experience in a broad range of state and federal civil trial and appellate matters. As counsel for both plaintiffs and defendants, he has first-chaired numerous jury and bench trials in federal and state courts and argued a wide variety of appeals throughout the country, including in the Illinois Supreme Court. A Principal of the firm since 1979 and a member of the Management Committee from 2010-2013, Tony served as Chair of the Litigation & Dispute Resolution practice group for more than 20 years.
Tony's practice encompasses complex business and financial litigation, concentrating in four major areas: (1) business disputes, including non-compete/non-solicitation agreements, (2) insurance coverage, (3) appeals and (4) class action defense. He represents individuals, privately held companies and publicly traded corporations in the areas of business fraud and related torts, unfair competition, labor-related litigation, toxic torts, environmental litigation, employment discrimination (including age and other types of discrimination), trademarks, ERISA litigation, trade dress matters, technology litigation, RICO fraud and securities litigation (including stock purchase agreements, notes and contracts).
"My main job as a litigator is to try to keep my clients out of litigation. But when that is impossible, then my job is to do what I can to help them win."
- In March, 2016, as co-counsel for the plaintiff, Tony obtained an $80 million jury verdict for our client against an insurer-related company for fraud, tortious interference, and violation of the Illinois False Claim Act.
- In 2014, Tony successfully argued before the Illinois Appellate Court an important insurance coverage case involving class actions.
- Tony recently succeeded in settling on very favorable terms a $100 million ERISA case related to the Madoff scandal.
- In 2013, Tony won a significant appeal in the area of restrictive covenants that clarified Illinois law regarding adequate consideration; the case has been called the most important restrictive covenant decision in 2013.
- Tony has argued and won, among others, appeals in the Illinois Supreme Court, the Illinois Appellate Court, and the Seventh Circuit Court of Appeals that have made law in the insurance area, RICO and Truth in Lending; one of his insurance cases, Valley Forge v. Swiderski, was designated by a leading publication as one of the top ten insurance cases in 2006.
- In 2011, Tony argued and won an appeal in a case of first impression in Illinois that clarified the method of giving notice of rescission under the Truth in Lending Act (TILA).
- As lead counsel in a seven-day jury trial in state court in Boise, Idaho, Tony successfully defended (and recovered fees and costs for) a firm client in a trade secrets, breach of fiduciary duty and unfair competition case in which the plaintiff was seeking seven-figure damages.
- Tony recently obtained a favorable settlement against a nationally known broker-dealer/investment advisor upholding the integrity of an investment consultant non-compete agreement.
- Tony has successfully argued two separate insurance coverage cases before the Illinois Supreme Court that expanded policyholders' rights.
- As lead counsel in a complex FINRA arbitration hearing lasting five weeks, Tony obtained a favorable award for a hedge fund client against a public options trading firm. Tony facilitated an advantageous settlement in a significant non-compete case for a highly successful trader in the high-frequency, automated 'black-box' electronic trading industry.
- Tony successfully resolved a complex security fraud case against a prominent broker-dealer involving exotic financial investments.
Tony has published on a broad range of topics, including contributions to Law360. Among other publications, he co-authored the 2012 e-publication How to Overspend and Lose Your Case: Ten Common Mistakes in Big Ticket Litigation [Kindle Edition], and contributed a chapter, "Ethical Considerations: Does Trial Consulting Help Achieve Justice," in the 2006 IICLE publication Inside and Outside the Jury Box (updated in 2011). Tony also authored an important treatise on non-compete agreements, Covenants Not to Compete: Forms, Tactics and the Law, and various journal articles for the CBA Record, Trade Secret Law Reporter, Midwest In-House Counsel and Business Tax Report.
Tony has extensive experience in legal writing and editing and taught legal writing at Loyola University Chicago. While in law school, he served on the Loyola Law Journal.
Tony speaks frequently on a wide variety of subjects at seminars for industry, trade and professional groups. Recent presentations include ”The (Exciting?) New World of Restrictive Covenants,” "Non-Compete Agreements: Myth or Reality," "E-Mail: The Good, the Bad and the Ugly," "Non-Compete Agreements: Protecting Your Business," "When an Insurer's No Is Better Than Yes," "Electronic Surveillance: Internal Investigations of Employment Issues in Illinois," and "When an Employee Departs: Protecting Your Trade Secrets and Effectively Enforcing Non-Compete Agreements."
Tony also moderates numerous panels on various areas of law. For example, he moderated "Insurance Coverage: What You Don't Know Can Hurt You."
Significant published decisions for which Tony has been responsible include the following:
- Central Mutual Insurance Company v. Tracey's Treasures, Inc., 2014 Il. App. (1st) 123339 (reaffirming that statutory damages for violation of illegal blast fax advertising are covered by insurance)
- Fifield v. Premier, 2013 IL App. (1st) 12037 (holding that employment is adequate consideration for restrictive covenants only if it lasts for at least 2 years)
- U.S. Bank v. Manzo, 2011 IL App. (1st) 103115 (clarified method for giving notice of rescission under TILA)
- Cohen v. Compact Power Systems, LLC, 382 Ill.App.3d 104, 887 N.E.2d 668 (1st Dist. 2008) (affirmed dismissal of class action complaint for being moot since full amount of the plaintiffs' damages had been tendered and refused)
- Valley Forge Ins. Co. v. Swiderski Electronics, Inc., 860 N.E.2d 307, 223 Ill. 2d 352 (Ill. Supreme Court, Nov. 30, 2006) (expanding advertising injury coverage and holding that undefined terms in insurance policies are afforded their plain, ordinary and popular meanings)
- Gullien v. Potomac, 323 IL App.3d 121, 751 N.E.2d 104, 256 Ill. Dec. 51 (1st Dist. 2001) (construing for the first time the section of Insurance Code requiring insurers to maintain proof of mailing notice of material changes to coverage)
- Brouwer v. Raffensperger, Hughes & Co., 199 F.3d 961 (7th Cir. 2000) (setting standard for RICO conspiracy)
- Perry v. Economy Fire & Cas. Co., 724 N.E.2d 151 (1st Dist. 1999) (determining type of notice insurer must give policyholder before materially changing coverage)
- Insurance Co. of Illinois v. Stringfield, 685 N.E.2d 980 (1st Dist. 1997) (limiting scope of insurance policy's pollution exclusion)
- Chicago Bar Association
- Illinois State Bar Association
- American Bar Association
- Illinois Trial Lawyers Association
- Fellows of the American Bar Association
- American Association of Justice
- Illinois Policyholders Counsel Group
Tony actively supports a variety of charities, especially those relating to curing breast cancer, ALS, and childhood diseases. These issues are extremely important and personal to Tony.