Gould + Ratner

David

Wayne

Partner

Chair, Litigation Practice

Often working closely with companies’ leadership, general counsel and legal teams, David brings a breadth of experience to all aspects of litigation. He takes pride in helping find creative solutions for clients facing challenging situations and strives to make a positive impact. David’s practice is multifaceted. He actively represents companies and sophisticated individuals in complex business disputes, particularly those involving real estate, commercial disputes and employment-related matters. He has successfully litigated cases to judgment in Illinois state and federal courts, as well as to award before the American Arbitration Association. David also manages litigation efforts for clients nationwide, including sourcing local counsel and serving as a liaison between clients and local counsel when necessary.

David has developed a practice advising and assisting real estate brokerage companies in connection with their legal needs including assisting with enforcement of lien and contractual rights; responding to IDFPR audits, and counseling regarding licensing rights and duties.

In addition to assisting with dispute resolution (both pre-litigation and once in court), David also provides his clients with an array of services. These include drafting and negotiating employment and independent contractor agreements, preparing vendor agreements, and reviewing and counseling relating to leases, brokerage agreements and other real estate related contracts. Beyond these services, he also draws on his experience to help business owners triage the issues they face and, when necessary, direct them to outside sources of assistance.

David is actively involved in the community and in leadership roles that further enrich his professional insight. He currently serves as a Board Member of Temple Jeremiah, where he contributes to the strategic direction and growth of the organization, and is also an active member of Vistage International, a prestigious global network of business leaders who collaborate to foster professional growth and personal development.

Before joining Gould & Ratner, David was a partner at a large national firm’s Chicago office.

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Credentials

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Education

  • Loyola University Chicago School of Law, J.D., 1996
  • Northwestern University, B.A., Political Science, 1993

Bar Admissions

  • Illinois

Affiliations

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  • Illinois Licensed Real Estate Broker
  • Member of the Home Builders Association of Greater Chicago (HBAGC)
  • International Council of Shopping Centers (ICSC)

Key Cases or Transactions

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    Litigation

  • Obtained an award at arbitration in favor of a financial services industry client for the recovery of significant wrongful charges levied upon it in connection with a revenue and cost sharing agreement.
  • Obtained summary judgment for a trading company who was sued for allegedly breaching a contract to engage in a joint business venture relating to the creation of trading funds.
  • Obtained a seven-figure judgment in favor of a nationally known personality in a defamation action
  • Obtained dismissal of lawsuit against telemarketer claiming violation of federal Telephone Consumer Protection Act.
  • Human Resources and Employment

  • Obtained dismissal of claim before Illinois Department of Human Rights against dental practice alleging religious discrimination.
  • Successfully defended (at the trial and appellate court levels) a real estate brokerage firm and company principals in action seeking both company and individual liability for alleged violations of Illinois Wage Payment and Collection Act arising out of a brokerage fee agreement with former employee.
  • Successfully litigated claim against former employee of real estate brokerage firm relating to violations of restrictive covenants contained in employment agreement.
  • Assisted client in internal investigations relating to alleged discriminatory promotion practices involving veterans.
  • Real Estate

  • Obtained a dismissal with prejudice on behalf of a property management company sued for allegedly acting as a state actor and violating the plaintiff’s claimed rights to use public spaces.
  • Successfully defended (at the trial and appellate courts) a real estate developer in a fraud action in connection with the sale of real estate.
  • Obtained successful resolution of high-profile forcible entry and detainer actions that were delaying development of very large real estate project.
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Often working closely with companies’ leadership, general counsel and legal teams, David brings a breadth of experience to all aspects of litigation.