Martin G. Durkin is a trial lawyer whose practice includes antitrust and commercial litigation. He has successfully litigated business and transactional disputes, and tried many complex commercial matters. Mr. Durkin's practice is focused on commercial matters, including breach of contract, business torts, RICO, securities fraud and consumer fraud. Mr. Durkin has also represented a number of Fortune 500 companies in the defense of class actions and mass actions.
Representative Matters
Class Actions and Jury Trials
- Defense of an international manufacturer of industrial gases in consolidated class actions and opt-out actions alleging price fixing. The matters were consolidated by the Judicial Panel for Multidistrict Litigation. A jury returned a defense verdict following an extended trial.
- Defense of a national insurance and investment company in complex securities fraud and RICO matter arising out of the conduct of a former agent who pleaded guilty to committing fraud and financial abuse of the elderly. More than 60 plaintiffs joined in this mass action and sought damages, including punitive damages of more than $1 billion. Following a four-week trial, the jury returned verdicts in favor of the defendant.
- Defense of an international manufacturer of printing equipment accused of fraud and violation of the Illinois Consumer Fraud Act. The matter was resolved favorably after one-week of trial.
- Defense of an international manufacturer of bulk and compressed gas in a nationwide class action for violation of state consumer fraud acts arising from billing practices.
- Defense of an international pharmaceutical manufacturer in class action and opt-out actions alleging price fixing and Robinson-Patman Act violations.
- Defense of a national insurance company in class action alleging violation of the Illinois Consumer Fraud Act.
White Collar Defense and Internal Investigations
- Representation of a national charity in the internal investigation of fraud and embezzlement by employees. The investigation resulted in the indictment of three employees.
- Representation of a national insurance company in the prosecution of an action to break up a life, health and hospitalization insurance fraud scheme. The representation resulted in the criminal indictment and guilty plea of the person responsible for the fraud.
- Representation of executives of target corporations before federal grand juries investigating alleged antitrust violations.
- Representation of a former executive of a major construction company in federal false claims act investigation.
- Representation of a corporation in response to Civil Investigative Demands issued by the United States Department of Justice, and State Attorneys General.
Mediation and Arbitration
- Representation of a regional bank in arbitration of claims with a transaction processing company following termination of a contract for ATM, and credit and debit card processing.
- Representation of a residential developer in arbitration of financial mismanagement and self-dealing claims brought by investors.
