Gary W. Leydig
Gary Leydig
Chicago
Illinois (IL)
Franchise/Dealership
Business Litigation
Business/Corporate
Profile
Gary Leydig is a trial attorney and counselor servicing businesses and business owners in connection with their commercial transactions and disputes. He is also a mediator and arbitrator of commercial, real property and construction disputes. Mr. Leydig handles arbitrations, jury and bench trials, injunctions, equitable remedies and appeals in state and federal courts in Illinois and throughout the United States. Mr. Leydig devotes considerable attention to the representation of franchisees, dealers and distributors.
Mr. Leydig’s clients hail from the Chicago area and from across the country. He typically counsels and represents individual entrepreneurs and small to medium size businesses, and is engaged in suits pending in jurisdictions throughout the United States. Every commercial dispute, including those involving franchises and dealerships, presents unique challenges and a thorough understanding of the broad spectrum of laws affecting business transactions. Mr. Leydig approaches each matter with commitment, integrity and a focused effort on achieving the client’s desired goals.
Mr. Leydig continues to achieve successes for his clients under even the most difficult situations. In Minnesota Supply Company v The Raymond Corporation, the United States Court of Appeals for the Eighth Circuit affirmed a jury verdict of more than 12.8 million dollars, plus attorneys’ fees. Mr. Leydig brought that suit on behalf of a Minnesota lift truck dealer that had been wrongfully terminated.
In Girl Scouts of Manitou Council v Girl Scouts of the USA, he has achieved repeated success in the United States Court of Appeals for the Seventh Circuit. In the first appeal, the Seventh Circuit adopted his argument that a local, nonprofit Girl Scouts council was entitled to the protections of a “dealer” under the Wisconsin Fair Dealership Law (WFDL). The Court of Appeals ordered the extraordinary remedy of preliminarily enjoining the national Girl Scouts organization from interfering with or removing any of the territory or jurisdiction of the client’s council. In the second appeal, the Court of Appeals again reversed the lower court, this time agreeing with Mr. Leydig’s argument that enforcement of the WFDL in this case caused no interference with the national organization’s First Amendment right of expressive association. The Seventh Circuit ordered judgment in favor of the council and directed the lower court to order appropriate relief. The Court of Appeals further ordered that the preliminary injunction be reinstated for the protection of the council.
Recently, Mr. Leydig had the privilege of pursuing and arguing on appeal one of the very first cases to be brought under Illinois’ newly enacted Citizens Participation Act. That Act seeks to prevent the use of abusive litigation as a means of punishing or preventing citizens’ exercise of their First Amendment rights of speech and to petition the government. In Hytel Group v Butler, Leydig represented the former Controller of Hytel. After being let go from her position, she filed a claim with the Illinois Department of Labor to recover nominal wages still owed her. In retaliation, her former employer slapped a multi-million dollar law suit against her. Leydig stepped in at that point and successfully had the case dismissed under the new law. He also recovered the attorneys’ fees incurred in getting the case dismissed. The dismissal and fee award were affirmed on appeal, with the Illinois Court of Appeals finding that the fees awarded in the lower court should have been even more.
Typical of the matters Gary Leydig handles, these cases forged new arguments and made new law in support of his clients. The Girl Scouts case, for example, is the first appellate decision in the nation to apply a state’s franchise or dealership statute to nonprofits.
Selected To
Illinois Super Lawyers 2012
Illinois Super Lawyers 2010
Illinois Super Lawyers 2009
Illinois Super Lawyers 2008
Illinois Super Lawyers 2007
Illinois Super Lawyers 2006
About Gary Leydig
Admitted: 1980, Illinois
Professional Webpage: www.leydiglaw.com/overview.html
Honors and Awards:
- "AV" Peer Review Rating (highest rating for both legal ability and ethics) by Martindale-Hubbell; Named to "Who's Who Legal, the International Who's Who of Business Lawyers," published by the International Bar Association; Top 100 Franchise Lawyers in the United States by Franchise Times magazine; "Illinois Super Lawyer" by Law & Politics; "Leading Lawyer" by Law Bulletin Publishing Company.
Special Licenses/Certifications:
- Mediator, Circuit Court of Cook County Law Division Major Case Court-Annexed CivilMediation. Arbitrator, American Arbitration Association - Commercial Panel.
Bar/Professional Activity:
- Member, American Bar Association (Forum Committee on Franchising, Section of Litigation, Section of Antitrust Law, Section of Business Law and Section of Alternative Dispute Resolution);Member, Illinois State Bar Association (Section on Trial Practice and Procedure, Section on Business Law, Section on Real Estate Law and Section on Alternative Dispute Resolution)
Scholarly Lectures and Writings:
- “Franchise Laws: How They Can Protect You As A Dealer”, The Material Handling Wholesaler (November 1998)
- "Survey of State Dealer Law Topics," American Bar Association Forum on Franchising (October 2010)
Verdicts and Settlements:
- Girl Scouts of Manitou Council v. Girl Scouts of the United States of America, no. 10-1986, 2011 U.S. App. LEXIS 10911 (7th Cir. May 31, 2011) (Finding application of Wisconsin Fair Dealership Law does not interfere with Girl Scouts of USA’s First Amendment right of expressive association and entering judgment for local Girl Scouts council.); Hytel Group, Inc. v. Butler, 405 Ill. App. 3d 113, 938 N.E.2d 542 (Ill. App. 2010) (Affirming, under Illinois Citizens Participation Act, dismissal of “SLAPP” suit brought against former employee in retaliation for making wage claim; and affirming award of attorneys’ fees.); Girl Scouts of Manitou Council v. Girl Scouts of the United States of America, 549 F.3d 1079 (7th Cir. 2008) (Finding local, nonprofit Girl Scout council and the national organization are covered by the Wisconsin Fair Dealership Law and entering preliminary injunction in favor of local council.); Minnesota Supply Company v. The Raymond Corporation, 472 F.3d 524 (8th Cir. 2006) (Issues relating to dealership termination.); Kingbrook, Inc. v. Pupurs, 202 Ill.2d 24, 779 N.E.2d 867 (Ill. Sup. 2002) (Issues relating to commercial real estate brokerage commission.); H.R.R. Zimmerman Co. v. Tecumseh Products Co., CCH Business Franchise Guide 12,445 (N.D. Ill. 2001) (Issues relating to franchise termination.); Pyramid Controls Inc. v. Siemens Indus. Automation, Inc., CCH Business Franchise Guide 11, 461 (N.D.Ill. 1998), affd. 172 F.3d 516 (7th Cir. 1999) (Issues relating to franchise termination.); To-Am Equipment Co., Inc. v. Mitsubishi Caterpillar Forklift America, Inc., 953 F.Supp.987 (N.D. Ill. 1997), affd. 157 F.3d 658 (7th Cir. 1998) (Issues relating to franchise termination.); Mid America Title Co. v. Kirk, 867 F.Supp. 673 (N.D. Ill. 1994), affd. 59 F.3d 719, 1995 Copr.L.Dec. 27, 418, 35 U.S.P.Q.2d 1502 (7th Cir. 1995) (Issues relating to copyright infringement.); Cleveland Wrecking Co. v. Central Nat. Banking in Chicago, 216 Ill. App.3d 279, 576 N.E.2d 1055 (Ill. App. 1991) (Issues relating to construction delay damages and mechanic’s liens.); Dean v. KIS Corp., 121 F.R.D. 74, 11 Fed.R.Serv.3d 1185 (N.D.Ill. 1988) (Issues relating to procedure.); Hartford Acc. And Indem. Co. v. Sullivan, 846 F.2d 377, 10 Fed.R.Serv.3d 1331 (7th Cir. 1988) (Issues relating to civil conspiracy, bank fraud and banker’s blanket bond.); Rebaque v. Forsythe Racing, Inc., 134 Ill.App.3d 778, 480 N.E.2d 1338, 42 UCC Rep. Serv. 222 (Ill. App. 1985) (Issues relating to breach of Indy Race Car contract and conversion.)
Educational Background:
- University of Chicago, Graham School. Certificate in Mediation, 2005. College of William & Mary, Marshall-Wythe School of Law. JD (Order of Barristers), 1980. University of Illinois at Urbana. BA, 1977. University of Edinburgh. Edinburgh, Scotland U.K., 1975.
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