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Daniel Polatsek is a partner in Ice Miller’s Litigation and White Collar Defense and Investigations Groups where he focuses his practice on corporate litigation, white collar criminal defense and internal investigations.

As a corporate litigator, Dan handles fraud claims, Racketeer Influenced and Corrupt Organizations Act (RICO), breach of contract, breach of fiduciary duty, fraudulent transfer and defamation for corporations and senior executives. Dan's trial experience includes two multimillion-dollar civil RICO trials for a nationally recognized research and development company, a multimillion-dollar fraud trial for a private equity broker and a trial on behalf of a merchant bank involving the misappropriation of confidential business information.

With respect to white collar criminal defense matters, Dan represents large companies, corporate executives, attorneys and other individuals against charges of health care fraud, insurance fraud, mail and wire fraud, tax fraud and violations of the Food, Drug and Cosmetic Act in addition to other complex crimes. Dan also regularly handles sensitive corporate governance matters and related crisis management in addition to conducting internal investigations for corporate clients on matters involving the Foreign Corrupt Practices Act (FCPA), public corruption, conflict of interest schemes, whistle blower claims, breaches of fiduciary duty and other types of corporate malfeasance. In addition, Dan often represents uncharged individuals and companies through the grand jury investigation process.

Dan also takes an active role in representing clients in a variety of pro bono matters ranging from felony criminal cases to cases under the Fair Housing Act, such as United States of America and Elie Bitton, et al. v. Peter Altmayer, Case No. 05 C 1239 (N.D. Ill. 2005), in which he counseled the plaintiff in a case of first impression asserting violations under the Fair Housing Act.

Prior to entering private practice, Dan served as the judicial law clerk to Justice McBride of the Illinois Court of Appeals for the First District.
 
Reported and Representative Cases
  • Gas Technology Inst., et al. v. Amirali Rehmat, et al. No. 05 C 2712 (N.D. III.). Counsel to plaintiff in three-week federal jury trial involving claims of civil RICO, fraud and civil conspiracy. Jury verdict in favor of plaintiff on all counts resulting in a multimillion-dollar recovery for our client.
  • Cement-Lock, LLC and Richard Mell v. Gas Technology Inst., et al. No. 05 C 0018 (N.D. III.). Counsel to defendants, a research and development company and three senior executives in eight-week federal jury trial involving claims of fraud, civil RICO, RICO conspiracy and breach of fiduciary duty. At the conclusion of trial, the trial court dismissed or vacated the civil RICO and fraud claims in favor of all defendants and the jury dismissed the rest of the remaining claims.
  • Galinsky v. Advanced Equities, Inc., Dwight Badger and Keith Daubenspeck, Case No. 10-00048 (2010). Counsel to plaintiff in four-week arbitration before the Financial Industry Regulation Authority (FINRA) involving claims of fraudulent inducement, breach of contract and unjust enrichment. Panel award in favor of plaintiff resulting in a multimillion-dollar award for the client.
  • In re Tribune Company Fraudulent Conveyance Litigation, 1:11-md-02296-WHP (S.D.N.Y. 2011). Counsel to the Robert R. McCormick Foundation in an alleged multibillion-dollar fraudulent transfer action arising out of the Tribune Company’s leveraged buyout transaction.
  • Counsel to manufacturing company’s Executive Vice President and General Counsel in ongoing federal grand jury investigation involving potential felony violations of the Internal Revenue Code.
  • Counsel to research and development company in internal investigation involving a multimillion-dollar conflict of interest scheme.
  • Counsel to Chief Executive Officer of captive insurance company in ongoing federal grand jury investigation involving the alleged violations of Medicaid and Medicare Insurance.
  • Counsel to commodities company in federal grand jury investigation involving alleged felony violations of the Internal Revenue Code.
  • Counsel to project management and development company in action against government regulator involving allegations of fraud, unlawful anticompetitive conduct, and violations under the Civil Racketeer Influenced and Corrupt Organization Act.
  • Counsel to publicly traded third-party administrator of insurance benefits in internal investigation involving a multimillion-dollar fraudulent billing scheme.
  • Counsel to an automotive industry executive of a Fortune 500 company in federal grand jury and SEC investigation involving potential felony violations of securities laws.
  • Counsel to insurance brokerage firm in internal investigation involving a multimillion-dollar conflict of interest scheme.
  • Counsel to hedge fund in internal investigation involving the unlawful procurement of life insurance policies as investment vehicles.
  • Counsel to a retirement and health care trust in class action before the Illinois Supreme Court involving the constitutionality of mandatory contributions to health care benefits.
  • Counsel to lending institution in action against senior executives engaged in the fraudulent manipulation of the financial statements.
  • Adams, et al. v. Columbus Lumber Company, LLC, et al. 3:10-cv-00475-TSK – MTP (S.D. Miss. 2010). Counsel to international bank in class action alleging violations of the Worker Adjustment and Restraining Notification Act (WARN Act). Plaintiffs voluntarily dismissed their claims with prejudice against the bank after substantive briefing before the court
Firm Publications
News
Blog Posts
Published In
  • “Strategic Considerations When Conducting an Internal Investigation,” The Corporate Counselor, January 2009
  • “Pleading, Standing and Proximate Cause in Civil RICO,” The Practical Litigator, May 2007
  • “Effectively Managing an Inadvertent Disclosure of Privileged Materials,” The Practical Litigator, November 2003
  • “Enforcement of Foreign Media Judgements in the Aftermath of Gutnick v. Dow Joes,” Communications Lawyer, April 2003
  • “Attorney-Client Privilege, Corporate Clients and the Control-Group Test,” Illinois Bar Journal, February 2003
  • “Preserving the Attorney-Client Privilege: Ex Parte Interviews of Former Corporate Employees,” For the Defense, December 2002
  • “The Reporter’s Privilege for the Seventh Circuit, The Reporter’s Committee for the Freedom of the Press,” November 2002
Speaking Engagements
  • "How to Avoid a Sweeping Regulatory Investigation," Today's General Counsel, June, 2019 
  • “When a Crisis Hits: How to Gain Control of the Data, the Facts and Your Message," General Council Institute, March 2019
  • "How Not to Mess Up a Litigation Hold," Today's General Counsel, October 2018
  • “Five Ways to Better Control Discovery Spend,” ACC Legal Operations Conference, June 2017
  • “Controlling Litigation Costs,” Bloomberg Law, February 23, 2017
  • “What Happens When E-Discovery Meets Investigations,” Inside Counsel Magazine Webinar, March 2016
  • “TAR 2.0 for Smart People: Moving Beyond E-Discovery Review,” LegalTech, February 2016.
  • “Internal Investigations and the Attorney-Client Privilege,” Knowledge Congress, August 2014
  • “Employee Malfeasance & Internal Investigations: A Roadmap for Chief Financial Officers,” Media Financial Management Association, May 2011
  • “What HR Executives Needs to Know about Conducting an Internal Investigation,” ExecSense Webinar, October 2010
  • “Managing Ethical Issues in Electronic Discovery,” Practicing Legal Ethics in the Electronic Law Office, June 2010
  • “Managing Ethical Issues in Electronic Discovery,” Half Moon Seminars, LLC, June 2010
  • “Discovering Occupational Fraud in the Workplace: It’s What You Do Next That Counts,” Media Financial Management Association, January 2010
  • “Attorney-Client Privilege: Who, What, Where, Why, and When in Illinois,” Trade & Professional Association Law Committee Meeting, April 2009
  • BCFM/BCCA 2007 Annual Conference
  • “Managing Internal Investigations Involving Employee Fraud,” Media Financial Management Association National Conference, May 2007
  • “Electronic Discovery in the Digital Age of Media,” Media Financial Management Association, April 2007
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