John S. Monical, Lawrence Kamin's managing partner, has been with the firm
since 1998. His primary area of practice is litigation, including representing the
financial services industry in regulatory investigations, arbitration, mediation and
litigation of disputes between broker-dealers, their registered representatives and
their clients and in defending major manufacturers of juvenile products in their
product liability actions across the country.
Opposing counsel have most often complimented John for his tenacious
attention to detail. John uses the details to tailor case strategies that have
been successful in trial as well as direct settlement negotiation and mediation.
For example, one client hired John after losing five straight related cases with
another attorney. John developed new defenses that prior counsel had failed
to present. These defenses resulted in the client winning three subsequent
related cases and favorably settling one more. In another case, John
negotiated an innovative settlement by advising his client to accept full
responsibility for a quarter-million-dollar tax penalty in exchange for other
concessions by the opposing party. Because John was able to convince the
IRS to reverse the entire penalty, his client ultimately paid nothing.
John, along with his partner Charles Risch, had similar success in a
substantial arbitration brought against one of the world's largest brokerdealers.
The claimants' case was supported by a scathing internal
memorandum chastising the individual broker for his interactions with clients.
After tirelessly studying documents and interviewing witnesses, John chose
not to play down the memorandum, but to embrace it. At trial, he identified
subtle changes in the broker's subsequent client interactions and
reconstructed through testimony the broker-dealer's extensive, but largely
undocumented, actions in response to the memorandum that had brought
about these changes. Presented with this evidence, the NASD arbitration
panel denied all of the claimants' claims and took the unusual step of
charging the claimants for all of the costs associated with the 17 days of
hearing. The opposing counsel had lined up dozens of similar claims against
the same broker and firm, aggregating tens of millions of dollars. Faced with
this convincing result, he chose to forgo any further filings.
Through his active membership in the CBA Securities Law Committee, the
Defense Research Institute (DRI) and the Securities Industry and Financial Markets
Association (SIFMA), John stays current on legal developments and contributes to
the ongoing discussion of cutting-edge arguments for his clients. As an example,
John authored and presented The Post-Sale Duties to Warn or Recall – Are They
Preempted When NHTSA and the CPSC Oversee the Manufacturer's
Conduct? (DRI Product Liability Conference) (2001). This article urged
litigators to press a creative, but untested, preemption argument. A year later, at a meeting of prominent defense counsel, a speaker credited his successful case result to this innovative defense.
John grew up with 11 sisters and five brothers—honing his skills arguing and
mediating between his 16 siblings.
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Litigation
Product Liability
Securities
Lawrence, Kamin, Saunders & Uhlenhop LLC
Managing Partner: 2005-Present
Partner: 2001
Associate: 1998-2001
Lord, Bissell & Brook, 1994-1998
Northern Illinois University College of Law, J.D., magna cum laude, second in class, 1994
Assistant Articles Editor
NIU Law Review
University of Illinois, Urbana, B.S.
Computer Engineering, 1991
Named a 2008 Rising Star by Super Lawyers Magazine
Northern Illinois University College of Law 2004 Young Alumnus of the Year
State of Illinois
State Of Indiana
United States District Courts
Northern District of Illinois
Eastern District of Wisconsin
Northern and Southern Districts of Indiana
United States Courts of Appeals
Seventh Circuit
American Bar Association
Illinois Liaison to Committee on State Regulation of Securities 2009-Present
Chicago Bar Association
Securities Law Committee
Chair (2010-2011)
Vice Chair (2009-2010)
Legislative Liaison (2008-2009)
Defense Research Institute
Children's Products Specialized
Litigation Group,
Chair (2010-2011)
Co-Chair (2007-2010)
Illinois Bar Association
NIU College of Law Board of Visitors
Chair (2010-2011)
Vice Chair (2009-2010)
Securities Industry and Financial Markets Association, Compliance and Legal Division
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