Daniel Polatsek concentrates his practice in corporate litigation and internal investigations. As a corporate litigator, Mr. Polatsek represents corporations and senior executives against claims of fraud, civil RICO, breach of contract and breach of fiduciary duty. His clients span a broad range of industries including financial services, insurance, health care and commercial lending. Mr. Polatsek also conducts internal investigations on behalf of corporate clients involving issues of employee malfeasance. Prior to joining Katten, Mr. Polatsek served as the judicial law clerk to the Honorable Margaret Stanton McBride of the Illinois Appellate Court.
Representative Trials and Arbitrations
Gas Technology Inst. et al. v. Amirali Rehmat et al. No. 05 C 2712 (N.D. Ill.) 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 multi-million dollar recovery for client.
Cement-Lock, LLC and Richard Mell v. Gas Technology Inst. et al. No. 05 C 0018 (N.D. Ill.) Counsel to corporate defendant and three senior executives in eight-week federal jury trial involving claims of trademark infringement, breach of fiduciary duty, unfair competition, civil RICO, RICO conspiracy and fraud. Jury verdict in favor of all defendants on all intellectual property and unfair competition claims. Plaintiffs’ remaining claims against all defendants were dismissed as a matter of law or vacated.
Counsel to plaintiff in three-week arbitration before the Financial Industry Regulatory Authority (FINRA) involving claims of fraudulent inducement and breach of contract.
Representative Corporate Investigations
Counsel to nationally recognized insurance brokerage firm in internal investigation involving a multi-million dollar conflict of interest scheme.
Counsel to nationally recognized commercial finance lender in internal investigation regarding a revolving credit scheme.
Counsel to nationally recognized third-party administrator of insurance benefits in internal investigation involving multi-million dollar fraudulent billing scheme.
Counsel to nationally recognized research and development organization in internal investigation spanning five years and involving over two dozen individual and corporate participants engaged in a massive multi-million dollar conflict of interest scheme.
In re UAL Corp., et al., Chapter 11, Case No. 02-b-48191, member of investigation team retained by special examiner to investigate United Airlines' policies and practices concerning early retirement packages and the subsequent termination of benefits for early retirees.
Representative Defense Matters
Counsel to former chief executive officer in federal criminal investigation for alleged felony violations of the Federal Food, Drug, and Cosmetic Act.
Counsel to multiple shareholder transferees in an alleged multi-billion dollar fraudulent transfer action arising out of the Tribune Company’s leveraged buyout transaction.
Counsel to internationally recognized financial institution in class action alleging violations of the Worker Adjustment and Retraining Notification Act (WARN Act).
Pro Bono Matters
Mr. Polatsek 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. See, e.g.,
United States of America and Elie Bitton et al. v. Peter Altmayer, Case No. 05 C 1239 (N.D. Ill. 2005) (counsel to plaintiff in a case of first impression asserting violations under the Fair Housing Act for neighbor’s discriminatory conduct).
In addition to the foregoing, Mr. Polatsek frequently is a featured speaker on conducting internal investigations, preservation of the attorney-client privilege and issues involving electronic discovery. He also is the author of several articles on these same topics.
Speaking Engagements
- "Employee Malfeasance & Internal Investigations: A Roadmap for Chief Financial Officers," Media Financial Management Association (Atlanta, May 2011)
- "What HR Executives Need to Know About Conducting an Internal Investigation," ExecSense Webinar (October 2010)
- “Managing Ethical Issues in Electronic Discovery,” Half Moon Seminars, LLC, Chicago (June 2010)
- “Discovering Occupational Fraud in the Workplace: Its What You Do Next That Counts,” Media Financial Management Association, Chicago (January 2010)
- “Identifying the ‘Client’ in the Attorney-Client Privilege: A Road Map for In-House Trade Association Counsel,” Chicago Bar Association's Trade & Professional Association Law Committee, Chicago (April 2009)
- “Managing Internal Investigations Involving Employee Fraud,” Media Financial Management Association National Conference, Las Vegas, Nevada (May 2007)
- “Electronic Discovery in the Digital Age of Media,” Media Financial Management Association, Chicago (April 2007)
- “Preserving the Attorney-Client Privilege When Corporate Clients Communicate with Third-Party Professional Service Corporations,” Kane County Bar Association Fifth Annual Commercial Law Seminar, St. Charles, Illinois (January 2004)
- “How to Maintain the Attorney-Client Privilege When Former Employees Are Informally Interviewed,” Chicago Bar Association, Chicago (March 2003)
Publications
- “Strategic Considerations When Conducting an Internal Investigation," The Corporate Counselor (2009)
- “Pleading Standing and Proximate Cause in Civil RICO Claims,” The Practical Litigator (January 2006)
- “Effectively Managing an Inadvertent Disclosure of Privileged Materials,” The Practical Litigator (November 2003)
- “Enforcement of Foreign Media Judgments in the Aftermath of Gutnick v. Dow Jones,” Communications Lawyer (Spring 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 Freedom of the Press (November 2002)
Education and Bar Admissions
Mr. Polatsek received his B.A. from Tulane University in 1992 and his J.D. from The John Marshall Law School in 1996. He was a published member of
The John Marshall Journal of Computer & Information Law, and a two-time member of the National Criminal Procedure Moot Court Team. Mr. Polatsek is a member of the Illinois Bar and is admitted to practice before the U.S. District Court for the Northern District of Illinois, the Trial Bar of the U.S. District Court for the Northern District of Illinois, the U.S. District Court for the Central District of Illinois and the U.S. Court of Appeals for the Seventh Circuit.