Michael K. Sciaccotta

Represented leading provider of aviation maintenance and financial support as defendant and counter-claimant against a European airline seeking tens of millions in damages in a case alleging fraudulent inducement and various breaches of contract, including improper termination of aircraft engine fleet maintenance agreements.

Representing Yellow Corporation and certain of its subsidiaries (“Yellow”) in their Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. With its family of brands, including YRC, Reddaway, Holland, and Yellow Logistics, Yellow was a storied trucking and logistics company with a 100-year history and one of the largest less-than-truckload networks in North America. Yellow entered Chapter 11 with approximately $1.2 billion in prepetition funded debt. Yellow secured a $1.525 billion stalking horse bidder for its owned real estate assets and, through its Chapter 11 cases, will conduct a marketing and sale process for some or all of its real estate and rolling stock assets, followed by an orderly liquidation of any remaining assets.

Represented one of the world’s largest retail mall owners/operators in numerous breach of lease matters throughout the country involving commercial tenants who refused to pay rent on account of the COVID-19 pandemic and its related governmental closures and restrictions.*

Represented global hotel chain against putative class action alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) in connection with the use of finger print scan timekeeping clocks to authenticate employees’ time.*

Represented major national insurance client in consolidated ERISA class actions asserting claims for reinstatement of certain retiree life insurance benefits and alleged breaches of ERISA fiduciary duties.*

Represented electronic product promotion kiosk distributor in action against manufacturer and affiliates for breach of exclusive distribution agreement, non-payment of commissions and royalties, and fraud.*

Represented founder of a national HVAC company in breach of non-compete and non-solicitation covenant litigation filed by former business partner.*

Represented a publicly traded REIT in complicated breach of corporate guaranty matter against guarantor after the underlying tenant filed for bankruptcy and the former landlord sold the leased premises at issue. After trial, the court awarded the holder of the guaranty more than $7 million in damages due under the remainder of the lease term despite the disposition of the premises, as well as all costs and attorneys' fees in connection with the pursuit of its claims.*

Represented leading manufacturer of outdoor LED billboards and electronic signs in action for breach of warranty and fraudulent misrepresentation in connection with the purchase of LEDS that failed shortly after installation in the field. Case settled favorably.*

Represented national video gaming operator in federal court action asserting multimillion dollar claim against VGT terminal operator for breach of settlement agreement intended to resolve claims under an earlier asset purchase agreement.*

Represented a group of commercial property owners in Cook County, Illinois in constitution equal protection case alleging they were owed more than $27 million in property tax refunds because their properties were assessed at significantly higher levels than those of other landowners in the same class. After initial dismissal of the case in federal district court, the Seventh Circuit Court of Appeals reversed the dismissal and reinstated the case making it the first case of its kind to proceed in federal court in Illinois.*

Represented a major turkey producer in a class action brought by direct purchasers of turkey products alleging unlawful exchanges of information among competitors to decrease production and raise prices in violation of Sherman Antitrust Act.*

Represented a major turkey producer in a price fixing class action brought by commercial indirect purchasers of turkey products alleging that competitors have exchanged industry information to curtail production and inflate prices in violation of multiple state antitrust acts.*

*Matters handled prior to joining Kirkland

Michael was previously a trial attorney at Dentons US LLP, where he was a member of their commercial litigation group in Chicago. While in law school, Michael worked at the Chicago Legal Clinic providing legal advice and assistance to homeowners facing foreclosure.

Michael dedicates significant time to pro bono matters, including prisoner rights and wrongful conviction cases, resulting in significant verdicts and settlements for his clients.