Alan R. Borlack

(312) 629-2700 aborlack@bbn-law.com

Education

Harvard Law School, J.D., cum laude
University of Michigan, B.A., with High Distinction

Admitted to Bar

  • Illinois
  • U.S. District Court, Northern District of Illinois
  • Trial Bar, Northern District of Illinois
  • Seventh Circuit Court of Appeals
  • U.S. Supreme Court

Experience Summary

TV artist's depiction of Mr. Borlack in court.

TV artist’s depiction of Mr. Borlack in court.

Mr. Borlack has been representing parties in complex commercial and business litigation, arbitration and appeals since he first began practicing law at Mayer Brown & Platt upon graduation from Harvard Law School. He has handled virtually every kind of case, many involving sophisticated issues and sizeable amounts at stake, representing all kinds of parties such as entrepreneurs, developers, traders, physicians, partners, shareholders, officers and directors, corporations and banks, partnerships, LLC’s, hospitals, pharmaceutical companies, construction companies, software companies, accountants, law firms, art dealers, private utilities, and even pro-bono the community surrounding Wrigley Field.

These cases include antitrust, securities fraud, consumer fraud, intellectual property, shareholder, derivative, statutory and constitutional issues, covenants not to compete, injunctions, and specific performance. He has handled many appeals and been before the Illinois Supreme Court on five occasions. He has spoken on litigation topics at many seminars (see below).

Some of his more memorable cases include:

Represented defendant corporation on an issue of statutory construction that significantly affected not only the client but the industry as well. You may view a video Mr. Borlack’s oral argument before the Illinois Supreme Court on the Court’s website: CLICK HERE TO VIEW ORAL ARGUMENT

    • Solon v. Midwest Medical Records Ass’n, Inc., 236 Ill.2d 433, 925 N.E.2d 1113 (Ill., 2010).

Represented defendant Bank in a case where a developer sued to compel specific performance of a contract to build and occupy a high-rise office building.

    • Franklin Point, Inc. v. Harris Trust and Sav. Bank, 277 Ill.App.3d 491, 660 N.E.2d 204 (Ill.App. 1 Dist., 1995).

Represented a prominent plaintiff restaurant in a case claiming that a competitor restaurant had copied its trade dress.

Represented defendant corporation in a case where a developer claimed that corporation had misappropriated its developmental software.

    • Protocol Electronics, Inc. v. Transolutions, Inc., 2005 WL 1106132 (D.N.J., 2005).

Represented plaintiff corporation that claimed a defendant had infringed its copyrighted website.

Represented plaintiff physician in a case involving a complex taxation and pension issue.

    • Matsuda v. Cook County Employees’ and Officers’ Annuity and Ben. Fund, 178 Ill.2d 360, 687 N.E.2d 866 (Ill., 1997).

Represented defendant corporations in class actions where they were accused of violating the Consumer Fraud Act, and other statutory provisions.

    • Harris v. ChartOne, 362 Ill.App.3d 878, 841 N.E.2d 1028 (Ill.App. 5 Dist., 2005)
    • Ramirez v. Smart Corp., 371 Ill.App.3d 797, 863 N.E.2d 800 (Ill.App. 3 Dist., 2007)
TV artist's depiction of Mr. Borlack in court.

TV artist’s depiction of Mr. Borlack in court.

      Represented probate estate on issue of whether a certain probate statute was constitutional.

    • In re Estate of Jolliff, 199 Ill.2d 510, 771 N.E.2d 346 (Ill., 2002)

Appointed as special corporate counsel for the City of Chicago to represent the City in a case where the City was accused of not making legislative appropriations for festivals.

    • Kinzer on Behalf of City of Chicago v. City of Chicago, 128 Ill.2d 437, 444, 539 N.E.2d 1216 (Ill., 1989)

Represented plaintiff hospital in a case where it claimed that it had purchased a defective hospital-wide computer system.

    • St. Luke’s Hosp. v. SMS Computer Systems, Inc., 1993 WL 188457 (C.A.6 (Mich.), 1993)

Represented a corporate defendant in a case where it was accused of defaming a manufacturer through advertisements.

Represented plaintiff on issue of whether a certain provision of the Illinois Insurance Guaranty Fund was constitutional.

    • Cresswood Farm, Inc. v. Illinois Ins. Guar. Fund, 2004 WL 838037 (N.D.Ill., 2004)

Represented a Sanitary District in a case where a contractor claimed it had breached a construction contract to install a sewer pipeline.

    • Kenny Const. Co. v. Hinsdale Sanitary Dist. 111 Ill.App.3d 690, 444 N.E.2d 510 (Ill.App. 1 Dist., 1982)

Represented an individual in a case where he was accused of not paying a finders-fee.

Represented defendant corporation in a case where it was accused of negligently causing a boarded show horse to be destroyed.

Represented plaintiff corporation and plaintiff individual in cases where they sought to recover disputed insurance policies.

Represented defendant individual in a case where siblings accused her of exercising undue influence over late mother.

Represented a certified public accountant in a case where he was accused of accounting malpractice.

Represented an individual defendant in case where he was accused of violating his covenant not to compete.

Represented an individual defendant physician in case where he was accused of misappropriating a corporate opportunity and breaching his fiduciary duty.

Represented pro bono the Wrigleyville community in a case where the plaintiff Chicago Cubs sought to overturn as unconstitutional laws then in existence that had the effect of banning lights at Wrigley Field.

    • Chicago Nat. League Ball Club, Inc. v. Thompson, 108 Ill.2d 357, 483 N.E.2d 1245 (Ill., 1985)

Represented a dog owner in a case where municipality sought to have his dogs put to death (the defense was that the dogs were provoked) and successfully argued that municipal ordinance which authorized death penalty was invalid.

Practice Areas:

Complex commercial and business litigation, arbitration and appeals matters, including:

  • Contracts including breach, interference with contract, rescission and specific performance
  • Stock, Promissory Note and Debenture
  • Fraud including Consumer Fraud and Securities Fraud
  • Partnership and LLC disputes
  • Corporate disputes
  • Fiduciary Duty including breach and misappropriation of corporate opportunity
  • Employment disputes
  • Restrictive Covenants and Covenants Not To Compete
  • Trade Secret
  • Discrimination
  • Vendor and Vendee disputes
  • Intellectual Property including trade dress, copyright, infringement and misappropriation
  • Construction
  • Insurance
  • Department of Professional Regulation matters
  • Injunction matters including temporary restraining orders
  • Specific performance
  • Class Action
  • Antitrust, including the Illinois Antitrust Act
  • Third-Party Subpoenas
  • Libel and Defamation
  • Arbitration

Memberships

  • Member of the Chicago Bar Association Board of Managers (June 2016-June 2018)
  • Chair of the Chicago Bar Association Civil Practice Committee (July 2016-June 2017)
  • Chair of Chicago Bar Association Animal Law Committee (July 2014-June 2016)
  • Vice Chair of the Chicago Bar Association Civil Practice Committee(July 2014-June 2016)
  • Member of the 2015 Chicago Bar Association Nominating Committee

Speaker

  • “Fairness” Under the Illinois Consumer Fraud Act, Chicago Bar Association, Consumer Law Committee, May 7, 2015
  • The Perils of Voluntarily Dismissing Without Prejudice: Beware What You Dream For, Chicago Bar Association, Civil Practice Committee, February 10, 2015; Chicago Volunteer Legal Services, April 28, 2015
  • Challenging “Death Penalty” Ordinances (Including “Hidden” Death Penalties) and Other Extreme Ordinances Re: Dog Bites, Chicago Bar Association, Animal Law Committee, January 15, 2015
  • Taking and Defending Effective Depositions, Lorman Education Services, Chicago, IL, October 30, 1998, October 29 1999, October 27 2001, March 20 2002; Oak Brook Terrace, IL, March 10, 1999, March 9, 2000, March 23, 2001, October 27, 2001, April 11, 2003, May 28, 2003, January 28, 2005; Naperville, IL, August 14, 2007, August 14, 2008
  • Litigation Skills for Legal Staff in Illinois, Lorman Education Services, Chicago, IL, January 25, 2008
  • Litigation Skills in Illinois, Lorman Education Services, Chicago, IL, March 20, 2002; Oak Brook, IL, March 18, 2003
  • Discovery of Confidential Records, Lorman Education Services, Itasca, IL, January 20, 1999
  • Moderator, Illinois Legal Time’s Roundtable on Arbitration and Alternative Dispute Resolution, September 1992
  • Litigation of Computer Acquisitions, Today and Tomorrow, Bar Association of Metropolitan St. Louis, Computer Law Committee, April 30, 1991
  • To Arbitrate or Not to Arbitrate: Is That the Question? A Litigator’s Perspective, Chicago Bar Association, Young Lawyers Section, Corporate Practice Committee, September 1987
  • A Litigator’s Viewpoint of Arbitration: The Benefits, Detriments, and Betterment, Chicago Bar Association, Arbitration and Alternative Dispute Resolution Committee, February 1987
  • Depositions in Commercial Litigation, Illinois Institute for Continuing Legal Education, April 4, 1984