Frederic R. Klein Principal
phone	312.201.3908
fax	312.863.7408
email	frederic.klein@goldbergkohn.com

Fred Klein is a principal and chairs the firm's Litigation Group. His experience includes trying numerous cases in federal and state courts and before arbitration panels in matters involving contract, constitutional, trade secrets, real estate, partnership, environmental, and corporate control disputes. Mr. Klein has represented clients in numerous industries including telecommunications, natural resources, commercial real estate, national retailing, and banking.

Mr. Klein has tried many cases to the bench, to juries and to arbitration panels in his 30-year career. In recent years, Mr. Klein has engaged in numerous complex mediations of difficult disputes, almost always resolving these matters.  He has also argued many cases before federal and state appellate courts.

Mr. Klein is admitted to practice in the state courts of Illinois, the United States District Court for the Northern District of Illinois, the United States Court of Appeals for the Seventh Circuit, the United States Court of Appeals for the Ninth Circuit, the U.S. Court of Appeals for the Federal Circuit, and the United States Supreme Court. Mr. Klein serves on the Board of Trustees of the Ragdale Foundation, which is the fourth largest residential artists' colony in the United States.  He also serves as a Co-Chair of the Williams College Parents' Fund.  Mr. Klein received his law degree, magna cum laude, from the University of Michigan in 1980, and his B.A. in English Literature and European History, magna cum laude, from Tufts University in 1972.  He served as a law clerk to the Honorable William T. Hart, United States District Court for the Northern District of Illinois.  

Representative Matters

Representative Appellate Matters

• CITGO Petroleum Corp. v. McDermott International, Inc., 368 Ill. App. 3d 603, 858 N.E.2d 563 (1st Dist. 2006) (fire at oil refinery caused $600 million in property damage and business interruption losses, and refinery owner sued manufacturer of defective equipment, who brought third party contribution action against prior owner who constructed refinery; third party action dismissed before trial on grounds of Construction Statute of Repose, and dismissal affirmed by Appellate Court two days after jury verdict in underlying case awarded $387 million against defendant/third party plaintiff). 
• BEM I, LLC v. Anthropologie Inc., 301 F.3d 548 (7th Cir. 2002)(Posner) (dispute over commercial lease and construction project for multi-tenant building leased by national retailer; arbitration award after two-week hearing confirmed by District Court (Pallmeyer) and affirmed by Court of Appeals including affirmance of attorneys' fees and costs award of $215,000).
• Central States v. Fulkerson, 238 F.3d 891 (7th Cir.) (Flaum), cert. denied, 534 U.S. 821 (2001) (reversal of District Court's ruling under ERISA concerning liability of company's owners for "withdrawal liability" from multi-employer pension plan).
• Trident Inv. Management v. Amoco Oil Co., 194 F.3d 772 (7th Cir. 1999) (Wood) (affirmance of $1.85 million jury verdict in favor of pension plan whose shopping center was environmentally contaminated by gas station, destroying fair market value of property).
• St. George Chicago Inc. v. Murges, 296 Ill.App.3d 285, 695 N.E.2d 503 (1st Dist.), leave to appeal denied, 179 Ill.2d 618, 705 N.E.2d 449 (1998) (reversal of trial court's partial rulings and remand for second jury trial on damages incurred under commercial lease; issues involved valuation of skyscraper office space in Chicago Loop's market).
• Jackson v. Roth, 24 F.3d 1002 (7th Cir. 1994) (Posner) (habeas petition denied, though "Jackson's main argument, forcefully presented by his able appointed counsel, Frederic Klein, is that the due process clause of the Fourteenth Amendment entitles him to be resentenced..."). 
• Boulevard Bank v. Phillips Medical Systems, 15 F.3d 1419 (7th Cir. 1994) (Cudahy) (affirmance of District Court's grant of summary judgment on international guaranty of commercial loan including affirmance of attorneys' fees and costs award of $328,000).
• Baja Contractors Inc. v. City of Chicago, 830 F.2d 667 (7th Cir. 1987) (Ripple), cert. denied, 485 U.S. 993 (1988) (reversal of District Court's preliminary injunction relating to City of Chicago's MBE program, holding that plaintiff's due process rights were not violated by City).

Representative Trial Court Matters

• Expert Microsystems, Inc. v. University of Chicago, 2010 WL 1407981 (E.D. Cal. April 2, 2010) (Shubb) (patent claims for correction of inventorship and ownership; defendants' motion for summary judgement on grounds of laches granted).
• Armer v. OpenMarket, Sprint, and Nextel, 2009 WL 3177627 (W.D. Wash. October 5, 2009) (Lasnik) and 2009 WL 3177623 (W.D. Wash. October 5, 2009) (in purported nationwide class action against premium services "aggregator" and telecommunications wireless carrier, wireless carrier's motion for summary judgment requiring aggregator to honor contractual duty to defend is granted, and aggregator's claim seeking defense from wireless carrier is dismissed), and 2010 WL 1433415 (W.D. Wash. April 7, 2010) (attorneys' fees and costs of $204,000 awarded in favor of wireless carrier due to aggregator's breach of duty to defend).
• Gates v. Sprint Spectrum, 2007 WL 1455976 (D. Kan. May 10, 2007) (Murguia) (purported class action by property owners claiming that wireless carrier trespassed on property by installing cell towers without permission: after discovery on class certification issues, plaintiff drops class claims); 523 F.Supp.2d 1287 (D. Kan. 2007) (wireless carrier's motion for summary judgment granted based on court's decision that individual plaintiff lacked standing to sue carrier), aff'd, 2009 WL 3287540 (10th Cir. October 14, 2009).
• Pivoris v. TCF Financial Corp., 2007 WL 4355040 (N.D. Ill. December 7, 2007) (Pallmeyer) (motion to stay and to compel arbitration of single plaintiff dispute granted, and class action waiver enforced). 
• Keck Garrett & Associates, Inc. v. Nextel Communications, Inc., 2007 WL 257638 (N.D. Ill. January 24, 2007) (Pallmeyer) (dispute arising under commercial agreement between vendor and wireless telecommunications company; on cross-motions for summary judgment, plaintiff's motion is denied and defendant's motion is granted, including an order providing for fee-shifting under the contract to the prevailing defendant in the amount of $175,000), aff'd, 517 F. 3d 476 (7th Cir. 2008).
• Chicago Messenger Services, Inc. v. Nextel Communications, Inc., 2003 WL 22225619 (N.D. Ill. September 24, 2003) (Norgle), and later opinion, 2005 WL 78960 (N.D. Ill. January 12, 2005) (Keys) (dispute arising between large commercial customer and wireless telecommunications company; defendant's motion for summary judgment on plaintiff's complaint and defendant's counterclaim granted, resulting in entry of money judgment in favor of defendant; later opinion awarding attorneys' fees and costs to prevailing defendant in the amount of $191,000).
• Brighton Commons v. Nextel West Corp., 2003 WL 548890 (N.D. Ill. February 13, 2003) (Zagel) (purported class claims rejected, and Rule 11 sanctions awarded against plaintiff and its counsel for pursuing meritless class allegations).
• Levine v. Levinson, 2001 WL 289865 (N.D. Ill. March 15, 2001) (Guzman) (shareholders derivative action seeking to enjoin $226 million transaction by which NASDAQ Massachusetts business trust was to sell all of its real estate assets; summary judgment granted in favor of defendant allowing transaction to proceed, and holding that shareholder approval for the transaction was not required). 
• Boulevard Bank Nat. Ass'n v. Philips Medical Systems Intern. B.V., 811 F.Supp. 357 (N.D. Ill. 1993) (Norgle), and later opinion, 827 F.Supp. 510 (N.D. Ill. 1993) (on cross-motions for summary judgment in case involving enforcement of international guaranty, plaintiff's motion granted and defendant's motion denied, awarding attorneys' fees and costs to prevailing plaintiff in the amount of $208,000 plus subsequent award of additional $120,000).
• Henry v. Ryan, 775 F.Supp. 247 (N.D. Ill. 1991) (Bua) (successful challenge under 42 U.S.C. § 1983 to grand jury subpoena for blood and saliva samples served upon non-suspect without a showing of "individualized suspicion"). 
• Sullair v. Hoodes, 672 F.Supp. 337 (N.D. Ill. 1987) (Duff) (in short-swing profits case under Section 16(b) of the Securities Exchange Act of 1934 against former Chairman of the Board and CEO, plainitff's motion for summary judgment granted).
• SFM Corp. v. Sundstrand Corp., 102 F.R.D. 555 (N.D. Ill. 1984) (Shadur) (Rule 11 motion granted against plaintiff and its counsel as a consequence of filing a frivolous motion for summary judgment).

Education

• University of Michigan, J.D., magna cum laude, 1980
• Tufts University, B.A. in English Literature and European History, magna cum laude, 1972

Bar Admissions

• Illinois
• U.S. District Court for the Northern District of Illinois
• U.S. Court of Appeals for the Seventh Circuit
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Court of Appeals for the Federal Circuit
• U.S. Supreme Court