Our Attorneys

Michael C. Bruck | Timothy J. McInerney

Michael C. Bruck

Michael C. Bruck focuses his practice on complex commercial disputes, professional ethics, financial malpractice, and insurance litigation. Mr. Bruck is “AV Preeminent” peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.

Mr. Bruck has more than 25 years of jury trial, litigation and client advisory experience, handling hundreds of high-stakes cases in state and federal courts throughout the United States. He has represented numerous clients in a range of industries, including Toyota Motor Sales, USA, major professional service firms, and Kemper Insurance Companies.

Mr. Bruck has been selected by his peers for inclusion in Illinois Leading Lawyers for commercial litigation, professional malpractice defense law, and insurance coverage and reinsurance law. He also has been selected for inclusion in Illinois Super Lawyers for business litigation, professional liability and insurance coverage.

Education/Bar Admissions

Mr. Bruck received a B.S. in Organizational Leadership and Supervision in 1984 from Purdue University. He received his J.D. in 1988 from DePaul College of Law.

Mr. Bruck was admitted to the Illinois bar in 1988 and also has been admitted in the following federal trial and appellate courts:

  • U.S. District Court, Northern District of Illinois (including the trial bar)
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, District of Maine
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit

In addition, Mr. Bruck has been admitted pro hac vice in state and federal courts throughout the country.

Professional Activities

Mr. Bruck is active in numerous professional and civic organizations, including:

  • Federation of Defense and Corporate Counsel
  • Defense Research Institute: Professional Liability Committee, Steering Committee, 2004-present
  • Illinois Association of Defense Trial Counsel (IDC): Commercial Litigation Committee, co-chair, 2008-2013; JDC Quarterly, Technology Law Columnist, 2004-2013
  • Chicago Bar Association: Judicial Evaluation Committee; investigator and hearing officer; Committee on Attorney Malpractice, chair 2007-2008, vice-chair, 2006-2007
  • Illinois Society of Trial Lawyers
  • American Bar Association
  • Illinois State Bar Association
  • Professional Liability Underwriting Society
  • Seventh Circuit Bar Association
  • Illinois Appellate Lawyers Association
  • DePaul University College of Law, Alumni Board of Directors
  • Chicago Legal Clinic for the Disabled, volunteer
  • Western Springs, Illinois Park District Commissioner and Board President
  • Western Springs Little League, Coach

Related News

  • Book One in Risk Management Series Featuring Chapter Written by Michael C. Bruck is Now Available

Past Speaking Engagements

  • Worker’s Compensation – March 1, 2012
  • Why Don’t You Stop the Bleeding? – December 15, 2011
  • Chicago Bar Association Workmen’s Compensation Committee Meeting – December 1, 2011
  • Chicago Bar Association Professional Responsibility Committee Meeting – November 18, 2011
  • Insurance Law for Illinois Attorneys – November 10, 2011
  • Professional Liability for Spoliation of Evidence – October 8, 2009
  • Evidentiary Issues Commonly Faced at Trial – February 27, 2009
  • Construction Defect Coverage Issues – June 27, 2008
  • Principles of Advertising Injury Coverage – June 27, 2008
  • Perspectives on Legal Malpractice – June 12, 2008
  • Basic Skills Program – October 25, 2007
  • Ethical Considerations for Collection, Retention and Preservation of Evidence – May 5, 2007
  • Evidence Update – September 17, 2005
  • Avoiding Malpractice for Tax Services – August 15, 2004
  • On the Record with Greta Van Susteren – May 12, 2002
  • Hannity & Colmes – May 12, 2002
  • Managing Your Accounting Firm in the Year 2000 and Beyond – September 17, 1999
  • Proving Damages in a Commercial Case – October 4, 1996
  • The Do’s and Don’t’s of Corporate Documentation – September 13, 1996

Publications

  • Supreme Court Puts the Brakes on Patent Infringement: The Relaxed Obviousness Standard in KSR v. Teleflex
  • Jerry Falwell’s Ears Are Burning – Gripe Sites, Domain Names, and Rejecting the Initial Interest Confusion Doctrine
  • Long Live the Tie-In! The Supreme Court’s Decision in Illinois Tool Works, Inc. v. Indepndent Ink Inc.
  • Consumers vs. Patent Holders – Will the Supreme Court Uphold the Market Power Presumption
  • Teaching Old Tricks to a New Dog: The Supreme Court’s Application of Common Law Doctrines to New Technology: in MGM v. Grokster
  • The Supreme Court Uncorks E-Commerce in Internet Wine Sales Decision
  • “May” is Sounding More Like “Shall” When Awarding Fees in Certain Copyright Cases
  • Betamax Revisited Again
  • A Long-Awaited First Interpretation of Section 1201(a) of the Digital Millennium Copyright Act
  • Nanotechnology – It’s Small, But It May Be the Next Big Thing
  • Understanding and Making the Most of Section 230 of the Communications Decency Act in Illinois
  • Seagate May Bring Sea of Change to Patent Cases
  • Patent Exhaustion – The Limits to Post-Sale Restrictions Following Quanta
  • Chapter on Reservation of Rights Letters
  • eBay, Inc. et al. v. MercExchange L.L.C., Three Years Later: Patent Trolls Remain Alive and Active Under the ‘Bridge’ of Patent Infringement Prosecution
  • Illinois Appellate Court Holds That Two-Year Statute of Limitations Applies to Aiding and Abetting Claims Against Lawyers

Representative Matters

  • Meriturn Partners LLC, et al. v. Banner & Witcoff Ltd.,et al.

Circuit Court of Cook County, Illinois

Secured $6 million jury verdict after three-week trial in favor of private equity investors in legal malpractice action against their patent lawyers for failed patent due diligence.

  • Belleville Toyota v. Toyota Motor Sales, et al.

Circuit Court of St. Clair County, Ill.; 316 Ill. App. 3d 227 (5th Dist. 2000), reversed in part, 199 Ill.2d 325 (2002)

Defended auto manufacturer and distributor in three-week jury trial and appeals of franchise act and breach of contract lawsuit brought by dealer arising from dispute over allocation of vehicles. In case of first impression, Illinois Supreme Court found that UCC statute of limitations applies to franchise agreements and that statute of limitations is not tolled by continuing breaches of contract or continuing violations of Franchise Act.

  • Fuller v. Decatur School District No. 61, et al.

U.S. District Court, Central District of Illinois

Obtained not guilty verdict for school board in civil rights lawsuit brought by six students expelled for a gang fight at a football game. Claims were prosecuted by Operation PUSH and Rev. Jesse Jackson and garnered national attention due to board’s so-called zero tolerance policy. Decision reported at 78 F.Supp.2d 812 (C.D. Ill. 2000), affirmed, 251 F.3d 662 (7th Cir. 2001).

  • Artline v. Universal Statuary

U.S. District Court, Northern District of Illinois

Defended trade libel and prosecuted copyright infringement claims between manufacturers of naturalistic animal statuary in two-week jury trial. Case resolved through confidential settlement.

  • Royal Surplus Lines v. Mariner Health Care

647 F. 3d 524 (5th Cir. 2011)

Obtained summary judgment and affirmance on appeal on $10.5 million bad faith and breach of contract claims against excess insurance carrier.

  • Northern Illinois Emergency Physicians v. Sands, et al.

216 Ill.2d 294 (2005)

Obtained summary judgment and successfully argued appeals of seminal Illinois Supreme Court attorney malpractice case on damages.

  • 800 South Wells Commercial LLC v. Horwood Marcus & Berk

Ill. App. 3rd Dist.

In first of its kind case, obtained summary judgment and affirmance of appeal by convincing courts that the two-year statute of limitations in Section 13-214.3 of the Illinois Code of Civil Procedure – not the longer five-year statute of limitations – applies to aiding and abetting claims against lawyers that are connected to their performance of legal services.

  • Mitchell Bros. v. Warady & Davis

Circuit Court of Cook County, Ill.

Successfully defended accounting firm in two-week jury trial in claims alleging failure to detect and report defalcation.

  • Cho v. Environmental Management Group

Circuit Court of Cook County, Ill.

Obtained dismissal of $3 million lost profits claim against environmental auditor client arising from a Phase I environmental site assessment on property containing asbestos. Claims dismissed during two­ week jury trial.

  • Liberty Mutual v. Ross & Hardies

(Ill. App. 1st Dist. 2001)

Handled case of first impression in Illinois involving claims of attorney malpractice. Appellate court found insurer had no right of subrogation against its insured’s defense counsel.

  • Midwest Imports v. Coval

71 F.3d 1311 (7th Cir. 1995)

Obtained summary judgment and successfully argued appeal of accountant’s malpractice case. Seventh Circuit affirmed summary judgment for auditor client finding no breach of duty of care.

  • Wolf & Company v. Cevin

(Ill. App. 2nd Dist. 1997)

Obtained summary judgment for auditor in accountant’s malpractice case where plaintiff sought $21 million in damages. Appellate court affirmed, finding that parent corporation had no standing to assert claims for failed subsidiaries.

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Timothy J. McInerney

Tim concentrates his practice in the areas of professional negligence, legal ethics and commercial litigation, and has successfully handled appeals in the Illinois Appellate Court and the Tennessee Court of Appeals. Tim recently served on a team of attorneys that recovered over $17 million from multiple lawyers, law firms and accountants arising from the EquityBuild Ponzi scheme. Tim has tried numerous cases to verdict including in Cook, Kane and Lake County. Tim has also successfully represented clients before the Illinois Attorney Registration and Disciplinary Commission and in FINRA arbitration matters.

Education/Bar Admissions

Tim earned his law degree from Chicago-Kent College of Law. Prior to law school, Tim attended Illinois Wesleyan University where he earned his B.A. in History and Spanish.

Tim was admitted to the Illinois bar in 2012 and has also been admitted to the U.S. District Court, Northern District of Illinois. He has also been admitted pro hac vice in the state of Tennessee.

Representative Matters

Duff v. Rock Fusco & Connelly, LLC et. al.
Obtained policy limit settlement (in excess of $9.7 million) on behalf of Federal Equity Receiver in legal malpractice action arising from EquityBuild, Inc. Ponzi scheme.

Duff v. Bregman, Berbert, Schwartz & Gilday, LLC et. al.
Obtained $4 million settlement on behalf of Federal Equity Receiver in legal malpractice action arising from EquityBuild, Inc. Ponzi scheme.

Duff v. Whitley Penn LLP et. al.
Obtained $3 million settlement on behalf of Federal Equity Receiver to resolve accounting malpractice claims arising from EquityBuild, Inc. Ponzi scheme.

Duff v. Rosenberg et. al.
Obtained six-figure policy limit settlement on behalf of Federal Equity Receiver in legal malpractice action arising from EquityBuild, Inc. Ponzi scheme.

Casdan, Inc. v. Wolin, Kelter & Rosen.
Obtained $729,600 jury verdict on behalf of local small business in legal malpractice action after five-day jury trial.

Westport Insurance Corporation v. Howard Tate Sowell Wilson Leathers & Johnson No. M2023-01168-COA-R3-CV.
Prevailed in appeal on behalf of insurer in first known case of its kind in Tennessee recognizing insurer’s legal standing to bring legal malpractice action against counsel hired to defend its insured.

Policy limit settlement in legal malpractice action where attorney negligently filed suit on injured client’s behalf in wrong jurisdiction, resulting in client’s claims being time-barred.

Settlements totaling in excess of $7 million on behalf of Chicago physician in legal malpractice action against two law firms.

Settlement in excess of $4.5 million on behalf of fortune 500 company in legal malpractice action against prominent national law firm.

Successfully defended Chicago attorney and law firm in ARDC proceedings arising from alleged unethical conduct.

Uskup v. Johnson, 2020 IL App (1st) 200330.  Successfully represented clients in appeal of trial court’s dismissal of legal malpractice claims.

Lurie v. Wolin, 2014 IL App (1st) 130661-U. Successfully represented father and son clients in appeal of trial court’s dismissal of legal malpractice claims.

Obtained summary judgment on behalf of Chicago law firm accused of committing legal malpractice.  Successfully represented firm in subsequent appeal, resulting in affirmance of trial court’s dismissal.