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Areas of Practice
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Representative Experience
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Professional/Civic Activities
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Speaking Engagements
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Court Admissions
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Bar Admissions
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Education
Areas of Practice
Daniel G. Rosenberg concentrates his practice in complex commercial litigation, with an emphasis on construction and insurance coverage litigation. He has litigated a variety of cases addressing many different types of construction claims, including delay and inefficiency, construction defect, differing site conditions, mechanics liens and insurance coverage claims related to the construction industry. Mr. Rosenberg has also handled a variety general litigation cases, including multiple securities litigation and class action defense matters.
Representative Experience
- Trial counsel in defense of a multi-million dollar mechanics lien claim asserting delay and inefficiency damages. After a two-week trial involving extensive fact and expert witness testimony, the Court entered judgment in favor of the defendants on all counts.
- Successfully resolved for a developer client multi-million dollar claims relating to the construction of a condominium building in the heart of Chicago’s Northside. The Condominium Association alleged defects in the roofs, façades and other components of the building and also alleged that the developer had breached its fiduciary duties while it was in control of the Association. Our team first triggered insurance coverage for the developer and general contractor after a dispute with the carrier and then obtained dismissal of 12 of the thirteen counts brought against the client and after a mediation resolved the remaining count on terms favorable to our client.
- Successfully prosecuted a dollar construction defect case involving a national developer’s high-rise building’s hydronic heating and cooling system. Case was resolved through an innovative settlement to the benefit of both parties.
- Represented the independent trustees of several mutual funds in various putative class and derivative actions filed in state and federal courts.
- Represented more than 100 institutional investors, including many of the world’s largest financial managers, pursuing securities fraud and other claims arising from their purchase of over $600 million in asset backed securities in the In re CFS-related Securities Fraud Litigation, which involved significant analysis of director and officer, underwriter, corporate counsel and auditor duties in the context of an asset-backed securities offering related to defaulted credit card debt.
- Successfully represented one of the nation's largest manufacturers of water heaters in the defeat of a nationwide putative class action. The complaint asserted tort, warranty, consumer fraud and other claims. After obtaining dismissal of the action at the trial level, succesfully defended that dismissal on appeal.
- Obtained millions of dollars of insurance coverage in various cases through litigation or negotiation. Policies involved commercial general liability, director and officer and employment practices liability and various excess and umbrella insurance policies.
Professional/Civic Activities
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American Bar Association (Civil Litigation Section, Forum on Construction Industry)
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Chicago Bar Association (Construction Law and Mechanics Lien Subcommittee)
Speaking Engagements
Publications
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“Toward A Unified Theory of Damages in Construction Cases: Part I – Navigating Through the Diminution of Value v. Cost of Repair Debate in Defect Cases and Allocating Burdens of Proof,” Journal of the American College of Construction Lawyers, Winter 2008 (co-author).
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“Toward A Unified Theory of Damages in Construction Cases: Part II – The Search For Unifying Theories in Common Law and Statutory Approaches to Treatment of Prejudgment and Postjudgment Interest Award on Prevailing Construction Damages Claims,” Journal of the American College of Construction Lawyers, Fall 2008 (co-author).
Court Admissions
Bar Admissions
Education
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J.D.,
Loyola University of Chicago School of Law
(2001)
(cum laude; Executive Board Member, Loyola University Chicago Law Journal)
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B.S.,
Miami University (Ohio)
(1998)
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