John J. D’Attomo is a partner in the Commercial Litigation Practice Group where he concentrates his practice on health care and commercial litigation matters. John has extensive experience litigating a broad range of business disputes in the trial and appellate courts throughout the country.

In the health care litigation arena, John has prosecuted and defended antitrust claims between competing health plans, between hospitals and physicians, and between hospitals systems. He has also litigated matters involving the suspension or revocation of physician staff privileges, as well as disputes arising from physician peer review proceedings. Additionally, John was one of the lead trial attorneys representing a nonprofit hospital before the Illinois Department of Revenue following the unprecedented revocation of its tax-exempt status.

John also devotes a substantial portion of his pratice to commercial litigation matters.  John regularly represents individuals and businesses in disputes involving claims of unfair competition, trade secret misappropriation, antitrust violations and breach of fiduciary duty. His practice also includes counseling clients with respect to the enforceability of non-compete agreements and, where necessary, litigating these matters in court proceedings.  John also has substantial experience in bankruptcy litigation matters having served as litigation counsel to a Chapter 11 Trustee in more than 30 adversary proceedings.

Prior to joining the firm, John served as a judicial law clerk for U.S. District Judge John M. Roll in Tucson, Arizona.  He is admitted to practice before the courts of Illinois, Arizona (inactive), as well as the Federal Trial Bar, the U.S. District Court for the Northern District of Illinois, and the U.S. Court of Appeals for the Seventh Circuit.

Representative Experience:

• Prototype Tooling & Plastics Company, Inc. v. Andrew Corporation, Case No. 03 LK 547 (Kane County, IL) (represented manufacturer against claim of wrongful termination of supplier agreement; obtained defense verdict following five-day jury trial)
• In re Food Management Group, LLC, Case No. 04-22880 (S.D.N.Y.) (served as litigation counsel to Chapter 11 Trustee in more than 30 adversary proceedings asserting claims of fraudulent transfer, preferential transfer, breach of fiduciary duty, fraud, conspiracy and fraud on the court)
• Department of Revenue v. Provena Covenant Medical Center, Case No. 04 PT 0014 (represented nonprofit hospital in Illinois Department of Revenue proceeding following unprecedented revocation of hospital's tax-exempt status)
• In re Lorazepam & Clorazepate Antitrust Litigation, 2003-2 Trade Cas. ¶ 74,134 (D.D.C. 2003) (antitrust class action against pharmaceutical manufacturer charging monopolization of two generic drugs; obtained $35 million settlement for direct purchaser class)
• Dick Blick Company v. Pearl Paint Company, Inc., Case No. 02 CH 13774 (Cir. Ct., Cook County, Illinois) (represented defendant against claim of misappropriation of trade secrets arising from use of competitor’s customer list; obtained favorable settlement for defendant)
• ConMed Corporation v. Erbe Electromedizin GmbH, Case No. 00 CV 987 (N.D.N.Y) (represented defendant against Lanham Act and unfair competition claims brought by competing medical device manufacturer arising from dissemination of challenged sales materials; defeated motion for preliminary injunction)
• Coventry Health Care of Kansas, Inc. v. Via Christi Health System, Inc., 176 F. Supp. 2d 1207 (D. Kan. 2001) (represented health system against attempted monopolization claim brought by competing health plan; defeated motion for preliminary injunction following five-day hearing)
• Stroick v. Village of West Dundee, 744 N.E.2d 1279 (Ill. App. 2d Dist. 2001) (represented land developer in action challenging annexation and rezoning of unincorporated property; obtained order affirming dismissal of plaintiffs’ claims following appeal)
• Lanning v. Morris Mobile Meals, Inc., 720 N.E.2d 1128 (Ill. App. 3d Dist. 1999) (represented employer against retaliatory discharge claim brought by former employee; obtained favorable settlement for employer following interlocutory appeal)
• Site Acquisition Consultants, L.P. v. Brian Barrett, et al., Case No. 99 CH 7265 (Cir. Ct., Cook County, Illinois) (represented former employees against claims by employer; obtained judgment invalidating noncompete agreement and dismissing claim for injunctive relief)
• Mahan v. Avera St. Luke’s, Case No. 98-701 (5th Judicial Cir., Brown County, S.D.) (represented nonprofit hospital against antitrust claim brought by orthopedic surgeon and physician practice group arising from hospital’s refusal to grant staff privileges; defeated motion for preliminary injunction)
• Orlando Regional Healthcare System, Inc. v. Columbia/HCA Healthcare Corporation, 923 F. Supp. 1534 (M.D. Fla. 1996) (prosecuted antitrust and breach of contract claims against competing hospital system; obtained judgment for breach of contract following week-long trial)
• Rushmore Nursing Services v. Rapid City Regional Hospital, Inc., Case No. 95-1004 (7th Judicial Circuit, Pennington County, S.D.) (represented nonprofit hospital against claims alleging monopolization of home health care services market; plaintiff voluntarily dismissed claims)