Richard P. Darke

Partner

  • Richard P. Darke
  • Phone: +1 312 499 6743

    Richard P. Darke - LinkedIn Import to Address Book

  • Duane Morris LLP
    190 South LaSalle Street, Suite 3700
    Chicago, IL 60603-3433
    USA

Richard P. Darke is a trial lawyer who focuses his practice in commercial litigation with an emphasis on real estate, construction, and financial-services litigation. He has substantial experience handling cases concerning real-estate partnership disputes, trade secret claims, tortious interference, privacy law, construction disputes, breach of contract, fraud, the Uniform Commercial Code (UCC) and United Nations Convention on Contracts for the International Sale of Goods (CISG), fraudulent and preferential transfers, legal malpractice, non-compete, confidentiality and non-solicitation agreements, claims for injunctive relief, and fiduciary duty claims. Mr. Darke has tried numerous jury and bench trials in state and federal courts throughout the country.

Areas of Practice

  • Commercial and Securities Litigation
  • Class Action and Antitrust Litigation
  • Consumer Lending Litigation
  • Bankruptcy Litigation

Representative Matters

  • Prevailed in pro bono representation of prisoner in two-week federal jury trial for alleged violation of prisoner’s Eighth Amendment Constitutional right to be free from cruel and unusual punishment.

  • Prevailed in claim for fraudulent transfer claim and breach of lease in three-day state court bench trial.

  • Defended special servicer in 4-week bench trial in Illinois state court for alleged breach of Pooling and Servicing Agreement (PSA) following the servicer’s sale of a hotel.

  • Obtained jury verdict for client in legal malpractice action arising out of attorney’s negligent legal advice provided in sale of business.

  • Obtained million-dollar jury verdict in favor of bank on defendant’s breach of a support agreement arising out of a multi-million dollar bond financing transaction.

  • Obtained multi-million judgment for national bank in multi-jurisdictional foreclosure and breach of guaranty action in federal court.

  • Successfully defeated chapter 11 debtor's plan of reorganization following two-week bench trial enabling lender to obtain title to multimillion-dollar apartment complex pledged as collateral for credit facility.

  • Obtained jury verdict for individual defendants wrongfully sued for breach of a residential real estate contract and common law fraud after a two-and-a-half-week jury trial.

  • Obtained judgment in favor of defendants on counterclaim arising out of violation of the Illinois Residential Real Property Disclosure Act due to misrepresentations concerning the condition of her home following lengthy bench trial.

  • Successfully defended rights of creditor bank against a bankrupt debtor's proposed plan of reorganization, a local residential real estate developer, during a five-day bench trial in federal bankruptcy court, saving his client in excess of $20 million in assets.

  • Handled adversary complaint brought for national bank against chapter 11 debtor for fraudulent and preferential transfers of 20 parcels of real estate located throughout Illinois.

  • Defended objection filed by national bank against a plan of confirmation filed by debtor in the United States Bankruptcy Court for the Northern District of Illinois in a two-day bench trial concerning the valuation of a wastewater treatment facility.

  • Defeated chapter 11 debtor's request for extension of automatic stay to executives during three-day bench trial in the United States Bankruptcy Court for the Northern District of Illinois.

  • Assisted in the representation of the National Association of Chain Drug Stores and local associations in prosecution of numerous claims asserted against government officials in various states to declare measures to reduce Medicaid and Medicare reimbursements unlawful and in violation of the Supremacy Clause of the U.S. Constitution and to enjoin their enforcement.

  • Defended a group of clinical pathologists in a consumer class action, obtaining summary judgment in their favor on claims that their billing procedures violated the Illinois Consumer Fraud Act and gave rise to a claim for unjust enrichment.

  • Successfully defended officers and directors on breach of fiduciary duty claims seeking damages totaling in excess of $26 million.

  • Obtained dismissal of consumer class action against a national debt collector for alleged violations of the federal Fair Debt Collection Practices Act.

  • Obtained dismissal of a consumer class action brought against local and national banks that alleged violations of the Illinois Interest Act and the Illinois Consumer Fraud Act and Deceptive Business Practices Act.

  • Obtained permanent injunction in favor of a mortgage-foreclosure law firm against various individuals who filed fraudulent UCC financing statements and maritime liens against the law firm and individuals working for the firm.

  • Obtained injunction against Illinois municipality barring continued arbitrary and capricious enforcement of county and state regulations.

  • Obtained injunction for multinational corporation against former employee for violation of a non-compete, non-solicitation agreement and the Illinois Trade Secrets Act.

Admissions

  • Illinois
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of Illinois
  • Trial Bar of the U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. Court of Appeals for the Ninth Circuit

Education

  • University of Michigan Law School, J.D., 1998
  • Western Michigan University, B.B.A., 1994

Honors and Awards

  • Named an Illinois Leading Lawyer, 2013-2019
  • 2009 recipient of the Group Award For Excellence in Pro Bono Service from the Judges of the U.S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association

  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Selected Speaking Engagements

  • “How to Build an Unshakable Case With Strategic Trial Presentation,” Magna Legal Webinar, (September 2024)

  • CBA Young Lawyers Section Tort Litigation: "Trial Preparation and Presentation" (Ill. Sup. Ct. R. 213 disclosures; motions in limine; jury selection; and cross examination of experts) (Nov. 2017)

  • "Fundamentals of Lost Profits, Lost Value and Other Commercial Damages Analyses" (June 2018)

Selected Publications