Daniel P. Albers

Dan’s experience includes a broad range of litigation on behalf of both plaintiffs and defendants including patent, trademark, copyright and trade secret infringement, ERISA, asbestos removal, environmental issues, insurance defense, securities fraud, antitrust and contract disputes. His clients include individuals, public governmental entities, utilities and banking institutions.

He has prepared and tried a variety of commercial and patent cases in both state and federal court. In fact, Dan’s courtroom capabilities consistently translate into favorable arbitration and ADR results. His pragmatic approach to problem-solving is manifest in skilled representation inside and outside of the courtroom.

In the event trial ensues, Dan’s ability and willingness to take difficult cases to trial, identify the critical and most persuasive elements of an argument, and present complex facts in laymen’s terms is supported by his proven ability to make smart choices that serve his client’s best interests at every turn. Dan’s decades of trial experience are amplified by his intellectual acuity and presentation abilities, which are key components to helping clients realize the right result.

In addition, Dan offers extensive and diverse experience handling appeals in a variety of civil and criminal matters. He has argued four dozen appeals before Illinois state appellate courts, the U.S. Court of Appeals for the Seventh Circuit Court, the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court. Notably, Dan argued and helped his client win the landmark U.S. Supreme Court ERISA preemption case establishing states’ rights to require independent review of medical necessity decision in Moran v. Rush Prudential HMO. He was also an appellate team member in Kemner v. Monsanto, the longest civil jury in U.S. history.

Dan has argued appeals relating to:

Civil:

• ERISA preemption
• Patent liability, claims construction and damages
• Product liability
• Medical malpractice
• Insurance coverage
• Arbitration (arbitrability and awards)
• Tort immunity
• Constitutionality of municipal ordinance
• Toxic tort/medical causation
• Punitive damages/corporate complicity
• Forum non conveniens
• Tort statutes of limitations/statutes of repose

Criminal (all pro bono):

• Entrapment
• Use of gang affiliation
• One Act/One Crime Rule
• Confessions/48-hour Rule
• Search and seizure
• Federal Three Strikes Law

Dan also has experience with Seventh Circuit Settlement Mediation and experience as a trial/appellate team member with the following:

• Outlining/prioritizing potential appellate issues
• Preserving errors below, including preparation of motions in limine, trial objections, motions to strike, offers of proof and post-trial motions
• Preparing appellate briefs, response briefs and reply briefs
• Mooting appellate practice arguments
• Preparing motions for rehearing
• Preparing Illinois Supreme Court Rule 308 Petitions for Leave to Appeal
• Preparing Illinois Petitions for Leave to Appeal to the Illinois Supreme Court
• Preparing Petitions for Writ of Certiorari to the United States Supreme Court and responses to such petitions
• Developing appellate budgets

He has lectured and written on subjects such as mandatory arbitration, product liability, third-party practice and medical malpractice.