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Martin J. (Marty) Bishop
Partner
Martin J. Bishop is a partner at Foley & Lardner LLP where he focuses on a trial practice in complex and general commercial litigation, consumer financial services litigation, class actions, and emergency and other injunctive relief proceedings. He is the vice chair of the firm's national Consumer Financial Services Litigation Practice.Mr. Bishop's notable recent engagements include representing: - Horseracing tracks in successful effort to obtain an en banc hearing where the Seventh Circuit vacated a prior panel opinion in a case involving the question of the Tax Injunction Act's application to a claim for constructive trust over $200 million in taxes collected to assist the Illinois horseracing industry. Empress Casino Joliet Corp. v. Blagojevich, et al. ___ F.3d ___ (7 th Cir. 2011).
- Financial institutions in obtaining the dismissal (affirmed on appeal) of a putative class action asserting claims under 18 U.S.C. § 1983 and the due process clause related to the accounting for social security deposits after service of a citation to discovery assets. London v. RBS Citizens, N.A., et al., 600 F.3d 742 (7 th Cir. 2010).
- Horseracing tracks in defeating constitutional challenges to an Illinois taxing statute related to the casino and horseracing industry. Empress Casino Joliet Corp., et al. v. Giannoulias, et al., 231 Ill. 2d 62 (Ill. 2008); Empress Casino Joliet Corp., et al. v. Giannoulias, et al., 129 S. Ct. 2764 (2009) (certiorari denied).
- Financial services companies in class actions alleging violations of various consumer financial services statutes, including the Truth in Lending Act and the Fair Debt Collection Practices Act.
- Financial institution in achieving the reversal of a decision by the Circuit Court of Cook County, Illinois when, after issuing a temporary restraining order, it failed to conduct a hearing on whether the court's order freezing assets held at a bank violated principles of international comity and would have improperly forced the bank to violate German law. In re Kosmond, 294 Ill. Dec. 184 (Ill. App. Ct. 2005).
- National developer and related defendants in case brought by a plaintiff seeking damages and rescission of approximately $10 million in condominium purchases, asserting claims under, among other things, the Illinois Consumer Fraud Act, common law fraud, breach of contract, and conspiracy.
- Financial institution in multiple related proceedings involving attempts by the manager of hundreds of senior living communities across the United States to reorganize and renegotiate debt in the context of an SEC receivership and the bankruptcy of one of the guarantors of manager's debt.
- Financial services company in obtaining the dismissal of a case involving alleged damages resulting from the plaintiff's purchase of four separate pools of FHA guaranteed loans for multi-family housing projects developed under the statutory and regulatory framework of the United States Department of Housing and Urban Development.
- Financial institution in the litigation and successful negotiation of the removal of certain properties from a Securities and Exchange Commission receivership.
- High frequency trading firm in emergency and injunctive proceedings related to a dispute arising from the departure of certain partners in the firm.
- Office products manufacturing and supply company in variety of international disputes arising out of asset purchase agreement.
- International reinsurer in nine figure dispute and trial related to responsibility for liability under reinsurance contract involving automotive insurance.
- Various health insurance companies in class action where plaintiffs assert claims under RICO and ERISA regarding alleged recoupment practices.
- Financial services company in numerous injunctive relief proceedings related to the enforcement of the company's rights against departing employees who were alleged to have, among other things, violated their employment agreements.
- Financial services company against claims by the Illinois Securities Department involving alleged violations of the Illinois Securities Law.
- Insurance company in obtaining a preliminary injunction where the defendant, a former executive of the insurance company, breached his fiduciary duties when he took certain proprietary information belonging to the defendants and used it to start a competing business.
- Manufacturer in prosecution of claims against former employee for breach of fiduciary duty and other torts related to the former employee's start up of a competing business.
- Horseracing tracks against claims of conspiracy under the Racketeer Influenced and Corrupt Organizations Act.
- Office products manufacturing and supply company in the prosecution of a malicious prosecution case against an Indian company which filed lawsuits in multiple foreign venues in an alleged improper attempt to stop or diminish the value of a legitimate business transaction.
Mr. Bishop is admitted to practice before the United States District Court for the Northern District of Illinois, the United States Court of Appeals for the Third and Seventh Circuits, the Illinois Supreme Court, and the Florida Supreme Court. He is a member of the Trial Bar and has litigated and tried cases in jurisdictions across the continental United States and Puerto Rico. Mr. Bishop has extensive experience in federal and state appeals. Mr. Bishop frequently writes and lectures about a variety of topics. In the area of consumer financial services, he is the founder, editor, and a contributor to the CFSL Bulletin (CFSLBulletin.com), a blog devoted to legal developments in consumer financial services litigation. In addition, Mr. Bishop regularly speaks on the topic of developments in the area, including the recent developments under Title X of the Dodd-Frank Act. In addition to his legal work for the firm, Mr. Bishop is deeply committed to pro bono and community service. He currently serves as the chair of the Pro Bono Committee for Foley's Chicago office and as a member of Foley's National Pro Bono Committee. Mr. Bishop has donated his time and services to Chicago Volunteer Legal Services, Lawyers for the Creative Arts, the American Civil Liberties Union, and HotHouse/Center for International Performance and Exhibition. Mr. Bishop is currently on the board of directors for Lawyers for the Creative Arts. He previously served on HotHouse's board of directors and as its president. In early 2005, Mr. Bishop organized a series of benefit concerts through HotHouse to raise money for the victims of the Pacific Rim tsunami disaster. Mr. Bishop is a graduate of Boston University School of Law (J.D., 1999), where he served as executive editor of the Boston University Law Review. Mr. Bishop attended Florida Atlantic University (B.A., 1996), where his accomplishments included graduating with high honors.
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