James K. Genden


Mr. Genden has represented clients in disputes involving an extremely broad range of legal issues, both in the trial courts and on appeal, frequently in cases involving complex and novel issues.

His experience has encompassed, among other areas of the law, landlord-tenant disputes, constitutional preemption issues, banking, attorney malpractice, municipal law, landmark preservation, trademarks and intellectual property, franchise law, civil rights and employment discrimination, securities fraud, insurance law, corporate and partnership ownership disputes and general commercial litigation. He has extensive background in class action litigation, both as class counsel and counsel for class action defendants. He is counsel to the INEX Insurance Exchange, and represents some of the best known residential and commercial property owners and management companies in the Chicago area.

Learn more about Landlord/Tenant Legal Obligations here.

Education

  • J.D. cum laude, 1975, Harvard University Law School, Cambridge, Massachusetts
  • B.A. magna cum laude, 1969, Harvard College, Cambridge, Massachusetts

Clerkships

  • Hon. Bernard M. Decker, U.S. District Court for the Northern District of Illinois, 1975-1977

Bar Admissions

  • Illinois, 1975
  • U.S. District Court Northern District of Illinois, 1977
  • U.S. Court of Appeals, 6th Circuit, 1999
  • U.S. Court of Appeals, 7th Circuit, 1977
  • U.S. Supreme Court, 1989

Representative Cases

  • Czark v. B&A Associates, LLC, Case No. 08 CH 21846 (Circuit Court of Cook County, Illinois) (Landlord/tenant law) We succeeded in obtaining the dismissal with prejudice of a major multi-building class action against our client.

  • Polyad Company v. Indopco, Inc., 2007 WL 2893638 (N.D. Ill. 2007) (commercial litigation). We won the dismissal of a $22,000,000 claim against our client for breach of an alleged oral contract. After this victory, we defeated the plaintiff's motion for leave to file an amended complaint which would have asserted new claims against our client.

  • Tyrrell v. Norfolk Southern Ry. Co., 248 F.3d. 517 (6th Cir. 2001) (Constitutional law and labor law). Represented railroad employee in appeal of FELA case involving federal preemption arguments asserted by defendants; successfully reversed trial court decision that would have invalidated all state railroad safety regulations; to achieve this result persuaded the affected federal agencies to join in the case as amici curiae to support client's position.

  • American Nat. Bank and Trust Co. of Chicago v. Mack, 311 Ill.App.3d. 583, 724 N.E.2d. 1014, 244 Ill. Dec. 126 (Ill. App. 1st Dist. 2000) (Guaranty law). Represented in guarantor defeating bank's efforts to enforce a guaranty.

  • Butler v. Mayer, Brown and Platt, 301 Ill.App.3d. 919, 704 N.E.2d. 740, 235 Ill. Dec. 167 (Ill.App. 1st Dist. 1998) (Attorney malpractice). Represented client in malpractice action against major law firm.

  • Chicago City Day School v. City of Chicago, 289 Ill.App.3d. 55, 681 N.E.2d. 126, 224 Ill. Dec. 144 (Ill. App. 1st Dist. 1997) (Municipal law, landmark preservation). Represented school in obtaining the right to demolish property nominated for landmark status; the decision led to revision of the Chicago landmark ordinance.

  • International Kennel Club of Chicago, Inc. v. Mighty Star, Inc., 846 F.2d. 1079 (7th Cir. 1988) (Trademark law). Secured trademark protection for client with unregistered mark, and defended client's rights against infringer.

  • Hudson v. Burke, 913 F.2d. 427 (7th Cir. 1990) (Civil rights, municipal law). Successfully represented alderman/city finance committee chairman in civil rights action alleging unconstitutional termination of city employee.

  • Real Estate Data, Inc. v. Sidwell Co., 907 F.2d. 770 (7th Cir. 1990) (Copyright and intellectual property law). Enabled map publisher to publish its own version of the official tax maps for Cook County, successfully challenging the long-established copyright claim of a rival publisher.

  • Renovitch v. Kaufman, 905 F.2d. 1040 (7th Cir. 1990) (Federal securities law). Represented attorney in successful defense against claims alleging the aiding and abetting of securities fraud.

  • Canteen Corp. v. Former Foods, Inc., 238 Ill.App.3d 167, 606 N.E.2d. 174, 179 Ill. Dec. 342 (Ill. App. 1st Dist. 1992) (Commercial litigation, arbitration appeals) Enabled terminated supplier to reverse a trial court's order vacating arbitration award.

  • In re Estate of Julian, 227 Ill.App.3d. 369, 592 N.E.2d. 39, 169 Ill. Dec. 552 (Ill. App. 1st Dist. 1991) (Probate law). Represented client in litigation over terms of will.

  • Westminster I Apartments v. Barnard, 163 Ill.App.3d. 36, 516 N.E.2d 476, 114 Ill. Dec. 321 (Ill. App. 1st Dist. 1987) (Commercial litigation, partnership law). Represented general partner in action alleging breach of contract and breach of fiduciary duty.

  • American Family Mut. Ins. Co. v. Kittinger, 147 Ill.App.3d. 586, 498 N.E.2d. 256, 101 Ill. Dec. 74 (Ill.App. 1st Dist. 1986) (Insurance law). Successfully represented insurer in coverage dispute.

  • Mars Steel Corp. v. Continental Illinois Nat. Bank and Trust Co. of Chicago, 834 F.2d. 677 (7th Cir. 1989) (Class action, commercial litigation). Represented class of borrowers in class action alleging bank fraud.

  • South v. Franzen, 90 Ill.App.3d. 595, 413 N.E.2d. 523 (4th Dist. 1980) (Civil rights). Represented prison inmate in civil rights action against state; decision resulted in revision of disciplinary code for inmates


Published Works

  • Motion Practice on Appeal (co-author with Abigail K. Spreyer), Illinois Civil Appeals, IICLE, 2002

  • A Guide to the Illinois Franchise Disclosure Act (Author), 20 Franchise L.J. 59, 2000

  • White House Geographic Report Fails to Tackle McFadden Issue (co-author), American Banker, 1981

  • Separate Legal Representation for Children, 11 Harvard Civil Rights Law Review 565, 1976

Other

  • Fluent in Spanish
  • Member, Phi Beta Kappa
  • Member, Chicago Bar Association
  • Member, Appellate Lawyers Association
  • Member, Chicago Literary Club
  • Member, Former Federal Law Clerks Society
  • President, Afghanistan Relief Committee of Chicago, 1980-1985
  • Taught English in Arequipa, Peru on a volunteer program in 1970.
  • While teaching social studies at Brookline, Mass. High School in 1970-1971, also taught seminars on opera history.
  • Born 1948, Chicago, Illinois

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