Richard P. Darke is a commercial litigator who focuses his practice on financial services and healthcare litigation. He has broad experience on myriad legal issues including structured finance, commercial mortgage backed securities (CMBS), tortious interference, RICO claims, privacy law, director and officer liability, breach of contract, fraud, fraudulent and preferential transfers, and class action defense. Mr. Darke counsels clients on a variety of issues including the Illinois Biometric Information Privacy Act (BIPA), Telephone Consumer Protection Act, Illinois Trade Secrets Act, enforceability of non-compete and non-solicitation agreements and injunctive relief, as well as lender liability and fiduciary duty claims. He frequently handles internal investigations on important and sensitive client issues. Mr. Darke has successfully tried numerous jury and bench trials in state and federal courts throughout the country.
Areas of Practice
- Commercial and Securities Litigation
- Class Action and Antitrust Litigation
- Consumer Lending Litigation
- Bankruptcy Litigation
- Defended special servicer in 4-week bench trial in Illinois state court for alleged breach of Pooling and Servicing Agreement (PSA) following the servicer’s sale of a hotel.
- Obtained jury verdict in favor of client in legal malpractice action arising out of attorney’s negligent legal advice provided in sale of business.
- Obtained million-dollar jury verdict in favor of bank on defendant’s breach of a support agreement arising out of a multi-million dollar bond financing transaction.
- Obtained $12 million judgment for national bank in multi-jurisdictional foreclosure and breach of guaranty action in federal court.
- Successfully defeated chapter 11 debtor's plan of reorganization following two-week bench trial enabling lender to obtain title to multimillion-dollar apartment complex pledged as collateral for credit facility.
- Obtained jury verdict for individual defendants wrongfully sued for breach of a residential real estate contract and common law fraud after a two-and-a-half-week jury trial.
- Obtained judgment in favor of defendants on counterclaim arising out of violation of the Illinois Residential Real Property Disclosure Act due to misrepresentations concerning the condition of her home following lengthy bench trial.
- Successfully defended rights of creditor bank against a bankrupt debtor's proposed plan of reorganization, a local residential real estate developer, during a five-day bench trial in federal bankruptcy court, saving his client in excess of $20 million in assets.
- Handled adversary complaint brought for national bank against chapter 11 debtor for fraudulent and preferential transfers of 20 parcels of real estate located throughout Illinois.
- Defended objection filed by national bank against a plan of confirmation filed by debtor in the United States Bankruptcy Court for the Northern District of Illinois in a two-day bench trial concerning the valuation of a wastewater treatment facility.
- Defeated chapter 11 debtor's request for extension of automatic stay to executives during three-day bench trial in the United States Bankruptcy Court for the Northern District of Illinois.
- Assisted in the representation of the National Association of Chain Drug Stores and local associations in prosecution of numerous claims asserted against government officials in various states to declare measures to reduce Medicaid and Medicare reimbursements unlawful and in violation of the Supremacy Clause of the U.S. Constitution and to enjoin their enforcement.
- Defended a group of clinical pathologists in a consumer class action, obtaining summary judgment in their favor on claims that their billing procedures violated the Illinois Consumer Fraud Act and gave rise to a claim for unjust enrichment.
- Successfully defended officers and directors on breach of fiduciary duty claims seeking damages totaling in excess of $26 million.
- Obtained dismissal of consumer class action against a national debt collector for alleged violations of the federal Fair Debt Collection Practices Act.
- Obtained dismissal of a consumer class action brought against local and national banks that alleged violations of the Illinois Interest Act and the Illinois Consumer Fraud Act and Deceptive Business Practices Act.
- Obtained permanent injunction in favor of a mortgage-foreclosure law firm against various individuals who filed fraudulent UCC financing statements and maritime liens against the law firm and individuals working for the firm.
- Obtained injunction against Illinois municipality barring continued arbitrary and capricious enforcement of county and state regulations.
- Obtained injunction for multinational corporation against former employee for violation of a non-compete, non-solicitation agreement and the Illinois Trade Secrets Act.
- Supreme Court of the United States
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Northern District of Illinois
- Trial Bar of the U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. Court of Appeals for the Ninth Circuit
- University of Michigan Law School, J.D., 1998
Honors and Awards
Named an Illinois Leading Lawyer, 2013-2018
- 2009 recipient of the Group Award For Excellence in Pro Bono Service from the Judges of the U.S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association
AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Selected Speaking Engagements
CBA Young Lawyers Section Tort Litigation: "Trial Preparation and Presentation" (Ill. Sup. Ct. R. 213 disclosures; motions in limine; jury selection; and cross examination of experts) (Nov. 2017)
"Fundamentals of Lost Profits, Lost Value and Other Commercial Damages Analyses" (June 2018)
- Co-author, "Illinois Governor Extends COVID-19 Stay-at-Home Order with Some Modifications," Duane Morris Alert, April 28, 2020
- Co-author, "Federal Response to COVID-19 Relaxes Telehealth Restrictions," Duane Morris Alert, April 21, 2020
"The Uncertain Future Of Illinois' Biometric Privacy Law," Law360, November 26, 2018
Richard P. Darke, Illinois Causes of Action, in Probate Actions § 13 (ll. Inst. for Cont. Legal Educ. 2017)
Richard P. Darke, Actions to Recover Property, in Contract and Business Disputes § 13 (ll. Inst. for Cont. Legal Educ. 2017)
Richard P. Darke, Fees, in Probate Actions § 49 (ll. Inst. for Cont. Legal Educ. 2017)
- "All About Noncompetes: Agreements Aren't Enforceable in Every State," Modern Physician, April 2006
- "Illinois Latest State to Respond to Kelo Decision," Duane Morris Alert, September 5, 2006
- "A Year of Some Judicial Surprises," National Law Journal, May 3, 2004