Brian Bosch
Of Counsel

 
 
 
 

Attorney Brian A. Bosch is “Of Counsel” to the DeBlasio & Gower LLC law firm.  For over 33 years, Brian has provided exceptional service to clients in complex business litigation cases, creditors in bankruptcy proceedings, business transactions, and as outside general counsel.

During his legal career, Brian has worked in the litigation groups of some of the finest law firms in Chicago, including Katten Muchin and Gardner Carton & Douglas.

Brian operates his own independent legal practice in Western Springs, Illinois.  Since March 2019, Brian has served as “Of Counsel” to the DeBlasio & Gower LLC law firm.  He is not an employee or member of the DeBlasio & Gower LLC law firm, but rather, works together with the attorneys of DeBlasio & Gower LLC on a case by case or transaction-by-transaction basis for select clients.  Brian adds significant depth and experience on select client matters and we proudly work collaboratively with Brian on those select cases for our clients.

Litigation and Trial Counsel

As litigation and trial counsel, Brian has tried cases before Federal and State courts in Illinois, Texas, Ohio and Montana, and before the American Arbitration Association, private arbitrations, and administrative law judges.  He also has served as appellate counsel before various Federal and State appellate courts, and on Petition for Writ of Certiorari to the United States Supreme Court.  In these roles, he has successfully represented clients in complex commercial disputes, including: antitrust, directors’ and officers’ liability, employment, business valuation and torts, securities claims, environmental enforcement and permitting, bankruptcy litigation, commercial foreclosures, as well as injunctive relief and other equitable remedies.  A list of his representative cases is below.

Corporate Counsel

Brian also has represented clients in a wide variety of corporate matters, including:

  • Drafting and advising on various contracts, including, Employment, Non-Compete, Non-Disclosure, Consulting and Confidentiality Agreements
  • Drafting and advising on corporate operating documents and sophisticated Operating Agreements for limited liability companies.
  • Negotiating exclusive and non-exclusive distribution agreements with manufacturers.
  • Negotiating venture capital terms sheets and asset-based lines of credit.
  • Handling of all aspects of corporate recapitalization: debt converted to equity, all classes of preferred stock collapsed into a single liquidating class, issuance of common stock, warrants and agreements conferring preferential rights terminated.
  • Drafting Asset and Stock Purchase Agreements, Vendor, Distribution, and Software Agreements

Brian’s Representative Litigation Cases

  • Kham & Nate’s Shoes No. 2, Inc. v. First Bank of Whiting, (Seventh Circuit Court of Appeal).
    Hired as Appellate Counsel.  Mr. Bosch represented the First Bank of Whiting before the Seventh Circuit U.S. Court of Appeals, obtaining the reversal  of findings made by the bankruptcy court and affirmed by the federal district court resulting in the (i) reinstatement of the client’s Section 364(c) super-prior lien, (ii) finding that indebtedness under per-petition letters of credit enforceable, (iii) adoption of the bank’s reading of the obligation of good faith and fair dealing in credit instruments, (iv) establishment of widely-cited precedent on the new value exception to the absolute priority rule; and (v) rule that no fiduciary relation arises from lender/borrower relationship.  Mr. Bosch secured reversal of all findings against client and full reinstatement of client’s rights.
  • A.G. Cullen Construction, Inc. v. Burnham Partners, LLC, et al., (Law Division, Cook County and Appellate Court, First District, Illinois)
    Lead trial counsel.  Client presented evidence the Appellate Court found sufficient to pierce multiple corporate veils and to collect significant arbitration award under the Uniform Fraudulent Transfer Act, Delaware Limited Liability Company Act, and duties owed by managers of LLCs and corporate officers to creditors of insolvent corporate entities.  First reported case in Illinois to pierce the corporate veil of a limited liability corporation.
  • Riggs Partners, LLC v. Timyan, (Law Division, Cook County Illinois)
    Co-defense counsel.  Successfully defended against $30,000,000 claim alleging that client’s actions caused plaintiff’s hedge fund to close.  Discovery taken in New York, Texas, California, Illinois, Missouri, Colorado, Tennessee, and Alabama.  Summary judgment entered in favor of client..
  • Corporate Express, Inc. v. Warehouse Direct, Inc., (U.S. District Court, Northern District of Illinois)
    Lead defense counsel in action seeking preliminary and permanent injunctive relief against a former employee.  Discovery strategy resulted in plaintiff settling on terms dictated by client.
  • In re: Cardinal Industries (U.S. Bankruptcy Court, Southern District of Ohio)
    Successfully tried to verdict various adversary and preference actions on behalf of Debtor in Chapter 11 reorganization, resulting in substantial recoveries for the bankruptcy estate.
  • In re: James P. Roti (U.S. Bankruptcy Court, Northern District of Illinois)
    Debtor filed for bankruptcy because “the bank kept finding and taking my money.”  Represented lender in state court proceeding to collect on a note and guarantee.  Judgment Debtor filed for bankruptcy to stop client’s successful post-judgment collection efforts.  During examination of Debtor, bank learned of Debtor’s fraudulent transfers to avoid client’s liens and bankruptcy obligations.  Drafted Adversary Complaint filed by special counsel to the Trustee to recover funds belonging to estate and testified on behalf of the Trustee during the trial on the multi-count adversary proceeding to recover funds from various third parties and family members of the Debtor.  Testified on behalf of the prosecution in criminal trial, resulting in conviction of Debtor on charges of bankruptcy fraud.
  • United States of America v. 3M Company, (U.S. District Court, Northern District of Illinois)
    U.S. government action against client 3M alleged violations of the Clean Air Act’s single source regulations and seeking fines in excess of $100,000,000; settled on terms very favorable to 3M after client filed motion for summary judgment.
  • America’s Best v. HUB Building Limited Partnership, (Chancery Court, Cook County Illinois)
    Lead trial counsel for Defendant/developer of Loop office buildings.  Preliminary Injunction entered in favor of client allowing developer to take portions of tenant’s premises contrary to terms of tenant’s lease.
  • D.R. Church Landscape Co., Inc. v. Parkway Bank, et al., (Cook County, Illinois)
    Primed bank’s mortgage lien and obtained full and complete payment of $800,000 Mechanic’s Lien for landscaping client.  Only lien claimant to be paid in full (including accrued interest, litigation costs, and attorneys’ fees).
  • PXL Holdings Corporation v. Sasib, S.p.A., (private arbitration)
    Successfully prosecuted as trial counsel recovery of multi-million dollar balance due on the sale of business; defended against claims alleging accounting irregularities and related complex accounting issues.